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Offences against Children


Offences against Children
Offences against Children

Content:-



Section 74. Prohibition on the Disclosure of Children's Identities

Media Restraints:

  • No report in any newspaper, magazine, news-sheet, audio-visual media, or any other communication medium shall reveal the name, address, school, or any other details that could lead to the identification of a child in conflict with the law, a child in need of care and protection, or a child victim or witness of a crime, involved in any inquiry, investigation, or judicial procedure under existing laws.


  • Likewise, publishing the picture of such a child is also prohibited.


  • However, the Board or Committee conducting the inquiry may, with written reasons, allow such disclosure if it deems it to be in the child's best interest.


Police Records:

  • The police are barred from disclosing any records of a child for the purpose of issuing character certificates or for any other reason, whether the case is pending or closed.


Penalties:

  • Any individual contravening the provisions outlined in subsection (1) shall face punishment, which may include imprisonment for up to six months, a fine of up to two lakh rupees, or both.

 
 

Section 75. Punishment for Cruelty to a Child

Offences Covered:

Any individual who, having the actual charge or control over a child, commits acts such as assaulting, abandoning, abusing, exposing, or willfully neglecting the child, or causes or procures such acts, which are likely to cause the child unnecessary mental or physical suffering, shall be subject to punishment.


Penalties:

The punishment for such offences may include imprisonment for a duration of up to three years, a fine of one lakh rupees, or both.

   

Exemptions and Severity:

  • If the abandonment of the child by the biological parents is found to be due to circumstances beyond their control, it will be presumed as non-willful, and the penal provisions of this section shall not apply.


  • If the offence is committed by an individual employed by or managing an organization entrusted with the care and protection of the child, the punishment escalates to rigorous imprisonment of up to five years and a fine of up to five lakhs rupees.


  • In cases where the child suffers physical incapacitation, mental illness, or is rendered unfit to perform regular tasks, or faces risk to life or limb due to the cruelty inflicted, the offender shall be subject to rigorous imprisonment for a minimum of three years, extendable up to ten years, and shall also be liable to a fine of five lakhs rupees.



Section 76. Employment of Children for Begging

Offences and Penalties:

  • Anyone who employs or utilizes a child for begging, or causes a child to beg, shall face imprisonment for up to five years and a fine of one lakh rupees.


  • If, for the purpose of begging, the offender amputates or maims the child, the punishment is escalated to rigorous imprisonment for a minimum of seven years, extendable up to ten years, and a fine of five lakh rupees.


Abetment:

Individuals who have actual charge or control over the child and abet the commission of the offence described in subsection (1) shall face the same punishment as outlined in subsection (1).


Legal Considerations:

  • The child involved in such activities shall not be considered a child in conflict with the law under any circumstances.


  • The guardian or custodian responsible for the child's care shall be deemed unfit under sub-clause (v) of clause (14) of section 2.


  • The child will be removed from the charge or control of such guardian or custodian and presented before the Committee for suitable rehabilitation.



Section 77. Penalty for Providing Intoxicating Substances to a Child

Offence and Punishment:

  • Providing a child with intoxicating liquor, narcotic drugs, tobacco products, or psychotropic substances, except under the order of a duly qualified medical practitioner, is punishable.


  • The offender shall face rigorous imprisonment for a period that can extend up to seven years.


  • Additionally, they may be liable to pay a fine of up to one lakh rupees.



Section 78. Using a Child for Illegal Activities Involving Intoxicating Substances

Offence:

Employing a child for vending, peddling, carrying, supplying, or smuggling intoxicating liquor, narcotic drugs, or psychotropic substances is prohibited.


Punishment:

  • The offender shall face rigorous imprisonment for a duration of up to seven years.

  • Additionally, they may be subject to a fine of up to one lakh rupees.



Section 79. Exploitation of Child Employees

  1. Offence:

Engaging a child in apparent employment while keeping them in bondage or withholding their earnings for personal gain is prohibited.


Punishment:

  • The offender shall be subject to rigorous imprisonment for a duration of up to five years.

  • Additionally, they may face a fine of up to one lakh rupees.


Explanation:

The term "employment" in this context encompasses selling goods and services, as well as providing entertainment in public places for economic gain.

 
 

Section 80. Punitive Measures for Adoption Without Following Prescribed Procedures

Offence:

Any individual or organization that offers, gives, or receives an orphan, abandoned, or surrendered child for adoption without adhering to the provisions or procedures outlined in this Act commits an offence.


Punishment:

  • The offender may face imprisonment, which could extend up to three years.


  • Alternatively, they may be subject to a fine of up to one lakh rupees.


  • In cases where a recognized adoption agency is involved in the offence, the individuals responsible for the day-to-day operations of the agency may face the aforementioned penalties.


  • Additionally, the registration of such an agency under Section 41 and its recognition under Section 65 shall be revoked for a minimum period of one year.



Section 81. Sale and Procurement of Children for Any Purpose

Offence:

Any individual who sells or buys a child for any purpose commits an offence.


Punishment:

  • The offender may face rigorous imprisonment, with a term that could extend to five years.


  • Additionally, they shall be liable to pay a fine of one lakh rupees.


  • In cases where the offence is committed by a person who has actual charge of the child, including employees of hospitals, nursing homes, or maternity homes, the term of imprisonment shall not be less than three years and may extend up to seven years.



Section 82. Corporal Punishment

Offence:

Any person in charge of or employed in a child care institution who subjects a child to corporal punishment with the intention of disciplining them commits an offence.


Punishment:

  • On the first conviction, the offender may face a fine of ten thousand rupees.


  • For subsequent offences, they may be liable for imprisonment, which could extend to three months, or a fine, or both.


  • Any person employed in such an institution, upon conviction under this subsection, shall be dismissed from service and barred from working directly with children thereafter.


  • If corporal punishment is reported in an institution and the management fails to cooperate with inquiries or comply with orders from relevant authorities, the person in charge of the management may face imprisonment for a term not less than three years and may also be liable for a fine of up to one lakh rupees.



Section 83. Use of Child by Militant Groups or Other Adults

Offence:

Any non-state, self-styled militant group declared as such by the Central Government, recruiting or using any child for any purpose, commits an offence.


Punishment:

  • The offenders may face rigorous imprisonment, with a term that could extend to seven years.


  • They shall also be liable to pay a fine of five lakh rupees.



Section 84. Kidnapping and Abduction of Child

The provisions of sections 359 to 369 of the Indian Penal Code (45 of 1860) apply mutatis mutandis to children under the age of eighteen years, and all provisions shall be construed accordingly.



Section 85. Offences Committed on Disabled Children

Any person committing offences referred to in this chapter against a child certified as disabled by a medical practitioner shall be liable to twice the penalty provided for such offences.

 
 



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