Offences and their Punishment against Children under the Juvenile Justice Act,2015

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Offences and their Punishment against Children under the Juvenile Justice Act,2015


Chapter IX, Section 75 to Section 87 of this Act deals with the punishment for offences committed against the children.

 

Punishment for cruelty on a child

According to Section 75; Anyone holding actual charge of or control over a child:

·       Assaults,

·       Deserts,

·       Abuses,

·       exposes, or

·       does wilful negligence of such child or causes or procures the child to be treated in these manners,

thereby inflicting unnecessary mental or physical suffering to such child, shall be punishable with imprisonment for a term extending up to 3 years or with a fine of 1 lac rupees or both.

If it is found that such abandonment or desertion of the child by the biological parents is caused due to reasons exceeding their control, it shall be presumed that such abandonment is unintentional and the penal provisions under section shall be inapplicable.

In case such offence is committed by any employee or manager of child care or child protection organization, such employee shall be punished with rigorous imprisonment extending up to 5 years, and fine extending up to 5 lacs rupees:

Moreover, if the aforesaid cruelty causes the child to be incapacitated, or make him mentally ill, or mentally unfit for performing regular tasks, or is vulnerable to life or limb, then such person shall be punishable with rigorous imprisonment, with a minimum period of 3 years but which may be extended up to 10 years and shall also be liable to a fine of 5 lac rupees.

 

Employment of a child for begging

According to Section 76; anybody who employs a child for begging purposes or makes any child beg shall be punished with imprisonment for a term extending up to 5 years accompanied by a fine of 1 lac rupees.

 Also, if any person amputates or maims the child for the purpose of begging, he shall be punished with rigorous imprisonment for a  minimum term of 7 years which may extend up to 10 years, accompanied by a fine of 5 lacs rupees.

Anyone being in actual charge or control over a child abets the commission of any of the offences mentioned above, shall be punished in the same way as provided under this section, and such person shall be considered to be unfit under the section 2(14)(v) of this Act.

 

Penalty for giving intoxicating liquor or narcotic drug or psychotropic substance to a child

According to Section 77; anybody providing or making provision for the availability of any intoxicating liquor, or any sort of narcotic drug, or tobacco products, or psychotropic substance unless being prescribed by a duly qualified medical practitioner, to any child, shall invite punishment of rigorous imprisonment for a term extending until 7 years accompanied by a fine extending up to 1 lac rupees.

 

Using a child for bootlegging

According to Section 78; anyone using a child for the purposes of:

·       Vending;

·       Peddling;

·       Carrying;

·       supplying or smuggling;

of any intoxicating liquor, narcotic drug or psychotropic substance shall be liable for rigorous imprisonment for a term extending up to 7 years accompanied by a fine up to 1 lac rupees.

 

Exploiting a child employee

According to Section 79;

Anyone who:

·       ostensibly engages a child and keeps him in bondage for employing or retaining his earnings; or

·       uses such earnings for himself;

shall be punishable with rigorous imprisonment for a term extending until 5 years accompanied by a fine of 1 lac rupees.

The term “employment” shall include selling of goods and services, and entertainment in public places to obtain economic gain.

 

Punitive measures for adopting without following prescribed procedures

According to Section 80;

If any person or organization for the purposes of adoption:

·       offers; or

·       gives; or

·       receives;

any orphan, deserted, or surrendered child, without complying by the provisions of this Act, then such person or organization shall be punishable with simple or rigorous imprisonment, for a term extending up to 3 years, or with fine of 1 lac rupees, or with both.

If such offence is committed by a recognized adoption agency, additional to the above punishment awarded to the persons in the authority and management of the adoption agency, the registration of such agency under Section 41 of the Juvenile Justice Act and its recognition under Section 65 of the Juvenile Justice Act shall be withdrawn for a minimum period of 1 year.

 

Selling and procuring children for any purpose

According to Section 81;

 Any person selling or buying a child for any purpose shall be punishable with rigorous imprisonment for a term extending up to 5 years accompanied by a fine of 1 lac rupees.

If the offence is committed anyone who is the real custodian of the child, including:

·       Employees of a hospital; or

·       Employees of a nursing home; or

·       Employees of a maternity home;

then the imprisonment term shall be a minimum for 3 years extendable up to 7 years.

 

Corporal Punishment

According to Section 82;

Anybody in-charge or employee of a child care institution, subjecting a child to corporal punishment, aiming to discipline the child, shall:

·       on the first conviction, be liable to a fine of 10,000 rupees; and

·       for every subsequent offence, shall be liable for imprisonment extending up to 3 months or fine or both.

If a person employed in a child care institute is convicted for an offence, such person shall be terminated from service, and shall also be debarred from working directly with children in the future.

In case, where any corporal punishment is reported in any institution and the institutional management is uncooperative with any inquiry or lacks compliance with the orders of:

·       The Committee; or

·       The Board; or

·       The Court; or

·       The State Government,

then the person-in-charge of the management of the institution shall be punishable with imprisonment for a minimum of 3 years and shall also be liable to pay fine extending up to 1 lac rupees.

 

Use of a child by militant factions or other adults

According to Section 83;

If any non-State militant group or outfit:

·       Recruits any child; or

·       Uses any child for any other purposes,

shall be liable for rigorous imprisonment for a term of maximum 7 years and shall also be liable to a fine of 5 lac rupees.

Any adult or a group of adults who use children for illegal activities, either individually or as a gang, shall be liable for rigorous imprisonment for a term of maximum 7 years and shall also be liable to a fine of 5 lac rupees.

 

Kidnapping & abducting children

According to Section 84;

For the purposes of this Act, the provisions of sections 359 to 369 of the Indian Penal Code, 1860 shall mutatis mutandis(things requiring change have been changed) applicable to a child or a minor who is below 18 years of age and all the provisions shall be construed accordingly.

 

Commission of offences on handicapped children

According to Section 85; anyone committing any of the offences specified in this Chapter, on any disabled child, then such person shall invite double the penalty provided for such offence.

For the purposes of this Act, the term “disability” shall be synonymous as assigned to it under Section 2(i) of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995.

 

Abetment

According to Section 87; anyone abetting any offence under this Act, and if the abetted act is committed consequentially, then the abettor shall invite the punishment provided for that offence.

An act or offence is said to be committed consequentially, if:

·       such offence is committed in consequence of the instigation; or

·       in pursuance of the conspiracy, or

·       with the aid constituting such abetment.


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