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(Excerpts taken from Training and Resource Manual for the Special Juvenile Police Unit Training and Resource Manualfor the Special Juvenile Police Unit, Published by Karnataka State Police, Department of Women and Child Development and UNICEF, 2010)

 

IPC and other Local & Special Laws Pertaining to Crimes Against Children

While the primary focus of the JJA is to provide care and protection to children, Sections 21, 23 to 26 specifically provide for action against adult perpetrators of crimes against children.

Section 21 : Prohibition of publication of name, etc., of juvenile involved in any proceeding under the Act

Section 23 : Punishment for cruelty to juvenile or child

Section 24 : Employment of juvenile or child for begging

Section 25 : Penalty for giving intoxicating liquor or narcotic drug or psychotropic substance to juvenile or child

Section 26 : Exploitation of juvenile or child employee In dealing with crimes against children along with sections of JJA, IPC and other local and

special laws must be used.


 

The Indian Penal Code - Crimes against children punishable under IPC:

Section 302 : Murder

Sections 315 & 316 : Foeticide

Section 315 : Infanticide - 0 to 1 year of age

Section 305 : Abetment to suicide

Section 317 : Exposure and Abandonment

 

All degrees of hurt or abuse

Section 319 : Hurt

Section 320 : Grievous hurt

Section 321 : Voluntarily causing hurt

Section 322 : Voluntarily causing grievous hurt

Section 324 : Voluntarily causing hurt by dangerous weapons or means

Section 339 : Wrongful restraint

Section 340 : Wrongful confinement

 

Kidnapping and Abduction

Section 360 : Kidnapping for exporting

Section 361 : Kidnapping from lawful guardianship

Section 363 read with Section 384 : Kidnapping for ransom

Section 363 : Kidnapping for camel racing

Section 363-A : Kidnapping for begging

Section 366 : Kidnapping to compel for marriage

Section 367 : Kidnapping for slavery

Section 369 : Kidnapping child for stealing from its person: child under 10 years of age only

Section 366-A : Procuration of minor girls

Section 366-B : Importation of girls

Section 372 : Selling of girls for prostitution

Section 373 : Buying of girls for prostitution

Section 376 : Rape

Unnatural offences (Section 377)

These are the Sections whose data is collected by the National Crime Records Bureau (NCRB) for their analysis.


 

Immoral Traffic (Prevention) Act, 1956 - The "child" under ITPA means a person who has not completed the age of sixteen years and "prostitution" means the sexual exploitation or abuse

of persons for commercial purposes.

Section 3 : Stringent action and punishment for keeping a brothel or allowing premises to be used as a brothel

Section 4 : Living on the earnings of prostitution

Section 5 : Procuring, inducing or taking a person for the sake of prostitution

Section 6 : If any person is found with a child in a brothel it shall be presumed, unless the contrary is proved, that he has committed an offence of detaining a person in premises where prostitution is carried on. The punishment consists of imprisonment of either description for a term which shall not be less than 7 years

Section 21 : Establishment of protective homes by the State Government

ITPA Amendment Bill, 2006 -

Section 2 : Change the definition of child from 16- to 18-year-old

Section 3 : Enhance the punishment for a person who keeps or manages or acts or assists in keeping or managing of a brothel

New Section 5 : Define the offence of "Trafficking in Persons", to provide punishment for the said offence and also to provide punishment for a person who visits or is found in a brothel for the purpose of sexual exploitation

Section 6 : Enhance the punishment provided for the offence of detaining a person on a premises where prostitution is carried on

Section 8 : Omission of

Section 22 : Make provision for in camera proceedings to protect the privacy and dignity of the victims

Confiscation of the property of the persons involved in the offence of trafficking in persons.


 

Child Labour (Prohibition and Regulation) Act, 1986 - The Act provides for punishments and penalties for employing children below the age of 14 years in certain occupations and processes. It provides for regulation of work conditions including fixing hours of work, weekly holidays, notices to inspectors, provisions for resolving disputes as to age, maintenance of registers, etc. Through a recent notification in 2006, child domestic workers up to 14 years of age working in hotels, dhabas, eateries and in the entertainment industry have been brought within the purview of the Act. It is one step towards the total elimination of child labour.

Schedules A and B provide the 16 Occupations and 65 Processes that prohibit employment of

children respectively.

Section 17 of the Act identifies all officers who are empowered by the Act to rescue children from work.

Ministry of Labour and Employment, Government of India, has come up with a draft protocol and procedure for raid and rescue of children from labour and trafficked for labour.


 

Prohibition of Child Marriage Act, 2006 - The Child Marriage Restraint Act, 1929 has been repealed and the major provisions of the new Act include:

Age of marriage for boys is 21 ƒƒ and 18 for girls and any marriage of persons below this age is child marriage - illegal, an offence and punishable under law

ƒƒEvery child marriage shall be void if so desired by either the bride or the groom who was a child at the time of the marriage

ƒThe Court while granting nullity shall make an order directing the parents and guardians to return the money, ornaments and other gifts received

The Court may also make an ƒƒ order directing the groom or parents or guardian to pay maintenance to the bride until her remarriage

The Court shall make an appropriate order for the custody and the maintenance of the offspring of child marriages

ƒNotwithstanding that a child marriage has been annulled, every offspring of such a marriage shall be deemed to be a legitimate child for all purposes

ƒƒAny person arranging, party to, solemnising, participating in a child marriage is also liable to be punished under the Act, including mass marriages

ƒƒChild marriages to be considered automatically void in certain circumstances like minor being sold for the purpose of marriage, minor after being married is sold or trafficked or used for immoral purposes, etc.

ƒƒEnhancement in punishment for male adults marrying a child, and persons performing, abetting, promoting, attending, etc., a child marriage to be imprisoned up to two years and fined up to one lakh rupees

ƒAct identifies officials as prohibition officers. The States will appoint child marriage prohibition officers whose duties include prevention of child marriages, collection of evidence for effective prosecution, creating awareness and sensitisation of the community, etc.

ƒThe penalty for facilitating child marriage is rigorous imprisonment up to two years and/or a fine up to one lakh rupees

 

 



Other Laws - 

ƒƒ Guardian and Wards Act, 1890

ƒƒ Minimum Wages Act, 1948

ƒƒ Factories Act, 1954

ƒƒ Hindu Adoption and Maintenance Act, 1956

ƒƒ Probation of Offenders Act, 1958

ƒƒ Bombay Prevention of Begging Act, 1959

ƒƒ Orphanages and Other Charitable Homes (Supervision and Control) Act, 1960

ƒƒ Bonded Labour System (Abolition) Act, 1976

ƒƒ Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1987

ƒƒ Pre-natal Diagnostic Techniques (Regulation and Prevention of Misuse) Act, 1994

ƒƒ Persons with Disabilities (Equal Protection of Rights and Full Participation) Act, 2000

 

 

 


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