JUVENILE JUSTICE

🌸Salient Features of the Juvenile Justice Act 2015

Here are the key features of the Juvenile Justice Act 2015:

 Redefines a juvenile as a person below 18 years of age, in congruence with CRC. The
earlier law defined a juvenile as a person below 16 years.
 Provides for offender and victim rehabilitation through individual care and
reintegration. It aims for correction, not mere punishment of juvenile offenders.
 Mandates setting up of Child Welfare Committees for producing of children before it
within 24 hours of apprehension.
 Provides for setting up of Juvenile Justice Boards. This focuses on speedy trial and
individual care and rehabilitation of juvenile offenders.
 Includes provision for adoption of children, both in and out of marriage. It regulates
inter-country adoptions.
 Stipulates setting up of Special Homes for rehabilitation of juvenile offenders
between 16-18 years of age.
 Specifies 14 fast-track courts for expeditious disposal of cases related to children.
This includes cases of missing children and child victims of abuse.
 Includes provision for a Central Adoption Resource Authority. This works to issue a
no-objection certificate for inter-country adoption.
 For every district, at least one institution is to be set up for giving “shelter care” to
juveniles in crisis.
 Lays down stricter punishments for offences against children. This includes child
labour, using children for begging, and sexual offences against children.

🌸How to determine the age of a Juvenile?

Deciding whether an accused person is a juvenile or not involves a careful consideration of
various factors. In India, we follow a simple yet important process outlined in Section 94 of
the Juvenile Justice Act of 2015.

1. Observation by Committee or Board:

Imagine a situation where it's crystal clear that the person in question is a child just by
looking at them. In such cases, the Juvenile Justice Committee or Board doesn't waste time
waiting for confirmation. They quickly note down the child's age as closely as possible and
jump right into the inquiry process. Easy, right?

2. Reasonable Doubt and Age Determination:

When determining if someone is a juvenile or not, a hyper-technical approach is a no-no.
Now, things get a bit trickier when there's some uncertainty about whether the person is a
child or not. Here's where the Committee or Board steps in and plays detective. They collect
evidence to figure out the age, and here are the options:

a. School Certificates: If the person has a date of birth certificate from school or a
matriculation certificate, that's a golden ticket.

b. Government Certificates: In the absence of school certificates, the date of birth certificate
from a government authority like a corporation, municipality, or local authority could be
considered.

c. Plan C - Medical Tests: If neither of the above is available, it's time for Plan C. They
might resort to an ossification test or some other medical age test. The Ossification test is
basically an X-ray of a few bones that helps estimate a person's age. This test is more reliable
for individuals around 18 years old, as the hand and wrist bones can be assessed. Importantly,
this medical test is conducted only on the order of the Committee or Board and must be
completed within fifteen days from the date of the order.

Once the age is recorded by the Committee or Board, it is considered the true age of the
person for the Juvenile Justice Act. This recorded age guides further proceedings,
emphasizing the importance of accuracy in the determination process.

🌸Juvenile justice board

The constitution of the Board has been defined in Section 4(2) of the Act.

Composition of Bench under Juvenile Justice Act, 2015

1. Metropolitan Magistrate or Judicial Magistrate First Class (Principal

Magistrate herein) [not being Chief Metropolitan Magistrate or Chief
Judicial Magistrate]

-Experience Required: 3 years.

2. Two social workers (one being a woman)

-Experience Required: Active involvement for 7 years in health, education

or welfare activities pertaining to children; OR

-A practising professional with a degree in child psychology, psychiatry,

sociology or law.

It was held by the Himachal Pradesh High Court in the case of State of
Himachal Pradesh vs. Happy (2019 SCC OnLine HP 700) that judgment
passed by a single member of the Juvenile Justice Board is void ab initio.
In this case, the impugned order was passed by a single Magistrate,
without fulfilling the criteria of the composition required for the
functioning of the Juvenile Justice Board. Therefore, the order was set
aside.

Powers granted to Juvenile Justice Board

The Bench shall have all the powers conferred by the Code of Criminal
Procedure, 1973 on a Metropolitan Magistrate or a Judicial Magistrate First
Class.

Eligibility Criteria for Selection as Member of Juvenile Justice Board

Under Section 4(4) of the Act, the eligibility criteria for selection as a
Board member has been listed down. It has been defined in a negative
manner.

The person will not be eligible if they:

 Have any past record of violation of human rights or child rights;

 Were convicted of an offence which involved the ground of moral
turpitude + such conviction has not been reversed or has not
been granted pardon;
 Were removed or dismissed from the services of:

o Either the Central Government or the State Government

o An undertaking/ corporation owned or controlled by the Central
Government or the State Government

 Have ever indulged in the acts of:

o Child abuse
o Child labour
o Any other violation of human rights or immoral act

Training for Members of the Juvenile Justice Board

Under Section 4(5), the onus of sensitizing and providing training to all the Board Members
lies on the State Government. It is to be ensured that the induction training is provided
within a duration of 60 days from the date of appointment.
Term of Office for Members of the Juvenile Justice Board
Under Section 4(6) of the Act, the tenure of office for the Board members and the manner in
which they may resign has been discussed.

Termination/Disqualification of Members of the Juvenile Justice Board

Under Section 4(7) of the JJ Act, 2015 – the appointment of any Board member, except the
Principal Magistrate, may be terminated post an inquiry by the State Government if they:

 Were found guilty of misuse of power bestowed upon them under this Act; or
 Failed to attend the Board proceedings consecutively for three months without valid
reasons; or
 Failed in attending less than three-fourths of the sittings in a year; or
 Have become ineligible under sub-section 4 during their tenure as a member.

🌸 General principles of care and protection of children

General standards to be followed in the organization of Act- The Central

Government, the State Governments, the Board, and different offices, by
and large, while executing the provisions of this Act will be guided by the
accompanying basic principles, specifically:

Section 3 of the Juvenile Justice Act 2015 states the principles of care and
protection of children:

1. Principle of the Best Interest of the Child- “Best interest of the

child” signifies the reason for any choice taken with respect to
the child, to guarantee satisfaction of his fundamental rights and
needs, character, social prosperity and physical, enthusiastic and
scholarly improvement.
2. The Principle of Presumption of Innocence- It will be regarded all
through the procedure of justice and protection, from the
underlying contact to elective consideration, including aftercare.
Any unlawful behaviour of a child which is done for endurance, or
is because of environmental or situational factors or is done
under the control of adults, or peer groups.
3. Principle of Right to maintain privacy and Confidentiality- Each
child has an option to the right of his protection and privacy by
all methods and all through the legal procedure. No report of the
juvenile will be distributed that may prompt the recognition of
 the juvenile but to the situations where the exposure of their
distinguishing proof identity would cause protection of them.
4. Principle of equality and non-discrimination- That there shall be
no discrimination against a child on any grounds including sex,
caste, ethnicity, place of birth, disability and equality of access,
opportunity and treatment shall be provided to every child. Every
single suitable measure should be taken to ensure that the child
is secured against all types of discrimination or punishment based
on the status, activities, expressed opinions or convictions of the
child’s parents, lawful guardians, or family members.
5. Principle of Participation- The child should be provided with an
opportunity to being involved and the child who is capable of
forming his or her own views has the right to express those views
freely in all matters which is affecting the child’s growth and
development, the views of the child is given due importance in
accordance with the age and maturity of the child.
6. Principle of institutionalization- It is a measure of last resort, in
certain circumstances the family is not capable of taking care of the
well being of the child and when the child has no family to be cared
for and there is no one to look after the child, the government must
make alternative provisions.
7. Principle of Diversion- Diversion presents a few preferences when
contrasted with the conventional criminal justice framework which
can be excessively unbending, awkward, slow and inert to the
necessities of children who are often first-time or non-genuine
offenders. Police are the first point of contact between the juvenile
and the juvenile justice Board or the court and as such the police
think that it is not essential to proceed for the juvenile to the
judicial bodies on the consideration that the rights of the child,
protection of the society and the rights of the victims, they may
divert the juvenile from the formal court processes based on the
acts and rules.
8. Principles of Natural Justice- Every child should be treated fairly and
equally, regardless of his or her race, ethnicity, colour, gender,
language, religion, political or another opinion, national, ethnic or
social origin, property, disability, and birth or another status. In
certain cases, special services and protection will need to be
instituted to ensure children’s rights are met equally.
9. Principle of Family Responsibility- Guardians or parents of a juvenile
must be associated with the groundwork for the inquiry and trial
and be available when it happens. They ought to be educated by
police, investigators or judges that a conventional request will
happen and that they are welcome to join in.
10. Principle of Dignity and worth- The treatment of the child will
be predictable with the child’s feeling of pride and worth. Every
single person is brought into the world free and equivalent in poise
and rights. They are invested with reason and conscience and
should act towards each other in a soul of fellowship (Article I of UN
Declaration Human Rights). All children will be managed with
respect due to their inherent dignity and human beings.
11. Principle of Safety- The state has a greater responsibility for
ensuring the safety of every child in its care and protection, without
resorting to restrictive measures and processes in the name of care
and protection.
12. Principle of Positive Measures- The main theme of the
principle is the promotion of the wellbeing of the juveniles. The
characters and behaviours of the juveniles shall be corrected and
reformed by following positive measures.
13. Principle of non-stigmatizing Semantics- The principle of non-
stigmatizing semantics proposes not to utilize words that are
utilized in ordinary criminal procedures, choices, and activities that
may stigmatize the juveniles. The rule command to maintain a
strategic distance from the utilization of antagonistic or accusatory
words, for example, capture, remand, blame, charge sheet,
preliminary, indictment, warrant, summons, conviction, detainee,
reprobate, ignored, custody or prison.
14. Principle of non-waiver of Rights- The Constitution of India
carefully precludes the waiver of rights. The equivalent is
epitomized in the juvenile justice system in India. The legal rights
enforced by the Juvenile Justice Act should not be postponed under
any circumstances by any juvenile, competent authority and
stakeholder working under the juvenile justice system. Also,
further, the non-exercise of fundamental rights doesn’t add up to
the waiver of the equivalent.
15. Principle of Repatriation and Restoration- States that it shall
be ensured that a child shall not be separated from his or her
parents against their will. However, the Board or the Court
considers the separation is necessary for the best interests of the
child in accordance with the law and procedures, such determination
may be necessary in a particular case such as one involving abuse
or neglect of the child by the parents, or one where the parents are
living separately and a decision must be made as to the child’s
place of residence.
16. Principle of Fresh Start- The principle of fresh start promotes
a new beginning for the juvenile in conflict with the law. This rule
also instructs to destroy all past records of the juvenile within a
stipulated period. They are ensured to erase all their past records.
🌸Juvenile Delinquency

Juvenile Delinquency is the involvement of a kid who is between the age

of 10 and 17 in illegal activity or behaviour. Adolescent misconduct is
likewise used to allude to youngsters who display constant conduct of
underhandedness or noncompliance, in order to be considered out of
parental control, getting to be plainly subject to legitimate activity by the
court framework. Juvenile delinquency is also known as “juvenile
offending,” and each state has a separate legal system in place to deal
with juveniles who break the law.

The term ‘delinquency’ is derived from the Latin word ‘delinquer’, which
means ‘omit’. Juvenile delinquency refers to the disapproved behaviour of
children and adolescents, where they tend to show criminal behaviour. In
simple terms, it means deviance from the approved norms and laws in
society, where children usually indulge in anti-social activities.

The term has an extensive meaning and also includes the hostile
behaviour of a child. However, according to a settled principle of criminal
law which is also applicable to international criminal law, “nullum crimen
sine lege,” which means that an act of a person cannot become a crime
and he or she cannot face punishment for that unless it is recognised or
defined under the law. Thus, an orphan or abandoned child or a child with
uncontrollable and aggressive behaviour cannot be said to commit a crime
unless he does an unlawful or illegal act which is considered to be an
offence under the existing law of the country in which it is enacted. These
offences could include murder, rape, theft, kidnapping, assault, and so
on.

This problem of juvenile delinquency is persistent in every country and

thus, the issue of having a uniform definition of the term was identified by
the United Nations. This resulted in the Second United Nations Congress
on the Prevention of Crime and Treatment of Offenders which was held in
1960. The term was defined as, “ acts of minors due to which they
violate criminal law and indulge in behaviour which is objected to and
disapproved by society and law of the country in which they reside.”
Causes of juvenile delinquency

The problem of juvenile delinquency has become a hot issue for the world
and persists in every country across the globe. In order to deal with this
issue and uproot it from our society, it is imperative to understand the
fundamental causes and reasons of juvenile delinquency.

Advancement of technology and economic growth

With the advancement of technology and the growth and development of

society, there has been a change in the thinking process. There is a high
influence of westernisation and modernisation on the lifestyle of people.
Apart from this, with the establishment of industries, people started
migrating from rural areas to urban areas and there arose the issue of
slums, overcrowding etc. This further led to economic and financial
problems for families.

To curb such problems, children engaged themselves either in child labour

or deviant activities. This gave rise to juvenile delinquency. It has been
observed that the temptation to live a luxurious life led youngsters
towards wrongful means to fulfil their desires.

Family issues

Another major reason behind the increase in juvenile delinquency is

family issues. Family is the first place to which a child is attached.
Children usually learn from what they observe around them. If there is
disintegration in the family, such as continuous fights between parents,
lack of love and affection, broken families, etc., it will affect a child’s
growth and development mentally, physically, and emotionally and would
also lead to juvenile delinquency.

Once a child feels neglected by his or her own parents and relatives, it
can cause him or her to commit crimes due to aggression and other
negative feelings. Children at a tender age need affection, love, care,
protection, and guidance. Families must emphasise preventing children
from indulging in criminal behaviour and focus on their growth and
development so that they become successful and law-abiding citizens.
Adequate opportunities must be given to them by their parents to develop
their personalities with proper education that is channelled correctly.

Changing patterns in lifestyle

A change in lifestyle is yet another reason for criminal behaviour in

children. The immaterial and changing patterns in the lifestyle of people
make it arduous for children and teenagers to adjust and revamp their
family relations. They are mostly confronted with the issue of the
generation gap due to which they detach themselves and develop apathy.
They are also incapable of distinguishing between right and wrong i.e.,
become amoral. Apparently, they are misguided and end up choosing the
immoral or evil path. Another reason for showing delinquent tendencies is
the company of children. People with whom they spend most of their time
can either shape their personalities into law-abiding citizens or turn them
into criminals.

Another drawback of change in lifestyle is that most of the time, parents

and children do not interact with each other. Parents are either too busy
with their office work and schedules or struggling with their own
complications in life as a result of which children are often neglected. This
might induce frustration, anxiety and aggression in children. Thus, it is
necessary that parents and children interact with each other and spend
some quality time to comprehend the issues faced by children in their
day-to-day lives. Parents must also listen to their children and be
concerned to help them whenever they require it.

Biological factors

Biological factors like physiological and mental issues, low intelligence, a

lack of understanding, etc. also lead to delinquent behaviour among
children. It has been observed that girls usually attain puberty at a very
young age and can easily become prey to sexual offences. Curiosity is
another preeminent reason for delinquent behaviour among juveniles with
respect to sexual offences like rape. Here comes the role of parents,
teachers, and elders. They must educate their children regarding the
biological differences between a male and female and answer all their
questions regarding other biological processes and consequences of any
illegal or unlawful act.
Poverty

When a child is not able to get the basic necessities of life, there is high
chance that the child may indulge in delinquent acts to get those
necessities. This means that poverty also contributes to juvenile
delinquency. Failure to provide children with necessities like food, shelter,
clothes, education, etc. can force them to earn money by hook or crook in
order to get what they desire. People living in slums find it difficult to
survive as they are not able to get even the basic necessities of life.
Corruption is another major reason which contributes towards poverty
which ultimately leads to increased instances of juvenile delinquency in
society. Poor children often get involved in stealing, robbery and other
criminal activities to help their families with basic necessities. The
government must take initiatives to eradicate the problem of poverty and
provide basic necessities like food, clothing, shelter etc to its citizens.
Efforts must be made to provide quality education and quality training so
that they can lead a good life in the future.

Other factors
Other factors like child labour, abusive childhood, traumatic experiences, financial issues,
illiteracy, unsoundness of mind etc are also responsible for delinquent behaviour in
juveniles.
What is PC & PNDT Act?
About:
The Pre-Conception and Pre-Natal Diagnostic Techniques (PCPNDT) Act, 1994 is an Act of
the Parliament of India that was enacted to stop female foeticides and arrest the declining
sex ratio in India. The act banned prenatal sex determination.
Objectives:
The main objective of enacting the act is to ban the use of sex selection techniques before
or after conception and prevent the misuse of prenatal diagnostic techniques for sex-
selective abortion
Section 2 in The Pre-Conception And Pre-Natal Diagnostic Techniques (Prohibition Of Sex
Selection) Act, 1994
2. Definitions.—
(b) Board means In this Act, unless the context otherwise requires,—
” means the Central Supervisory Board constituted under section 7;
(ba)
“conceptus” means any product of conception at any stage of development from
fertilisation until birth including extra embryonic membranes as well as the embryo or
foetus;
(bb)
“embryo” means a developing human organism after fertilisation till the end of eight weeks
(fifty-six days);
(bc)
“foetus” means a human organism during the period of its development beginning on the
fifty-seventh day following fertilisation or creation (excluding any time in which its
development has been suspended) and ending at the birth;
(c)
“Genetic Counselling Centre” means an institute, hospital, nursing home or any place, by
whatever name called, which provides for genetic counselling to patients;
(d)
“Genetic Clinic” means a clinic, institute, hospital, nursing home or any place, by whatever
name called, which is used for conducting pre-natal diagnostic procedures;
Explanation.—
For the purposes of this clause, “Genetic Clinic’ includes a vehicle, where ultrasound
machine or imaging machine or scanner or other equipment capable of determining sex of
the foetus or a portable equipment which has the potential for detection of sex during
pregnancy or selection of sex before conception, is used;
(e)
“Genetic Laboratory” means a laboratory and includes a pleace where facilities are provided
for conducting analysis or tests of samples received from Genetic Clinic for pre-natal
diagnostic test;
Explanation.—
For the purposes of this clause, “Genetic Laboratory’ includes a place where ultrasound
machine or imaging machine or scanner or other equipment capable of determining sex of
the foetus or a portable equipment which has the potential for detection of sex during
pregnancy or selection of sex before conception, is used
(i)
“pre-natal diagnostic procedures” means all gynaecological or obstetrical or medical
procedures such as ultrasonography, foetoscopy, taking or removing samples of amniotic
fluid, chorionic villi, embryo, blood or any other tissue or fluid of a man, or of a woman
before or after conception, for being sent to a Genetic Laboratory or Genetic Clinic for
conducting any type of analysis or pre-natal diagnostic tests for selection of sex before or
after conception;
(j)
“pre-natal diagnostic techniques” includes all pre-natal diagnostic procedures and pre-natal
diagnostic tests;
(k)
“pre-natal diagnostic test” means ultrasonography or any test or analysis of amniotic fluid,
chorionic villi, blood or any tissue or fluid of a pregnant woman or conceptus conducted to
detect genetic or metabolic disorders or chromosomal abnormalities or congenital
anomalies or haemoglobinopathies or sex-linked diseases;]
3 Regulation of Genetic Counselling Centres, Genetic Laboratories and Genetic
Clinics.—

On and from the commencement of this Act,—(1)no Genetic Counselling Centre, Genetic
Laboratory or Genetic Clinic unless registered under this Act, shall conduct or associate with,
or help in, conducting activities relating to pre-natal diagnostic techniques;(2)no Genetic
Counselling Centre or Genetic Laboratory or Genetic Clinic shall employ or cause to be
employed or take services of any person, whether on honorary basis or on payment who
does not possess the qualifications as may be prescribed;(3)no medical geneticist,
gynaecologist paediatrician registered medical practitioner or any other person shall
conduct or cause to be conducted or aid in conducting by himself or through any other
person, any pre-natal diagnostic techniques at a place other than a place registered under
this Act.
3A. Prohibition of sex-selection.—
No person, including a specialist or a team of specialists in the field of infertility, shall
conduct or cause to be conducted or aid in conducting by himself or by any other person,
sex selection on a woman or a man or on both or on any tissue, embryo, conceptus, fluid or
gametes derived from either or both of them.
3B. Prohibition on sale of ultrasound machine, etc., to persons, laboratories, clinics,
etc., not registered under the Act.—
No person shall sell any ultrasound machine or imaging machine or scanner or any other
equipment capable of detecting sex of foetus to any Genetic Counselling Centre, Genetic
Laboratory, Genetic Clinic or any other person not registered under the Act.

4 Regulation of pre-natal diagnostic techniques.—

On and from the commencement of this Act,—
(1)
No place including a registered Genetic Counselling Centre or Genetic Laboratory or Genetic
Clinic shall be used or caused to be used by any person for conducting pre-natal diagnostic
techniques except for the purposes specified in clause (2) and after satisfying any of the
conditions specified in clause (3);
(2)
No pre-natal diagnostic techniques shall be conducted except for the purposes of detection
of any of the following abnormalities, namely:—
(i)
Chromosomal abnormalities;
(ii)
Genetic metabolic diseases;
(iii)
Haemoglobinopathies;
(iv)
Sex-linked genetic diseases;
(v)
Congenital anomalies;
(vi)
Any other abnormalities or diseases as may be specified by the Central Supervisory Board*;
(3)
No pre-natal diagnostic techniques shall be used or conducted unless the person qualified to
do so is satisfied for reasons to be recorded in writing that any of the following conditions
are fulfilled, namely:—
(i)
Age of the pregnant woman is above thirty-five years;
(ii)
The pregnant woman has undergone two or more spontaneous abortions or foetal loss;
(iii)
The pregnant woman had been exposed to potentially teratogenic agents such as drugs,
radiation, infection or chemicals;
(iv)
The pregnant woman or her spouse has a family history of mental retardation or physical
deformities such as, spasticity or any other genetic disease;
(v)
Any other condition as may be specified by the Board:
Provided that the person conducting ultrasonography on a pregnant woman shal keep
complete record thereof in the clinic in such manner, as may be prescribed, and any
deficiency or inaccuracy found therein shall amount to contravention of the provisions of
section 5 or section 6 unless contrary is proved by the person conducting such
ultrasonography;
(4)
No person including a relative or husband of the pregnant woman shall seek or encourage
the conduct of any pre-natal diagnostic techniques on her except for the purposes specified
in clause (2);
(5)
No person including a relative or husband of a woman shall seek or encourage the conduct
of any sex-selection technique on her or him or both.
5.Written consent of pregnant woman and prohibition of communicating the sex of
foetus.—
(1)
No person referred to in clause (2) of section 3 shall conduct the pre-natal diagnostic
procedures unless—
(a)
He has explained all known side and after effects of such procedures to the pregnant
woman concerned;
(b)
He has obtained in the prescribed form her written consent to undergo such procedures in
the language which she understands; and
(c)
A copy of her written consent obtained under clause (b) is given to the pregnant woman.
(2)
No person including the person conducting pre-natal diagnostic procedures shall
communicate to the pregnant woman concerned or her relatives or any other person the
sex of the foetus by words, signs, or in any other manner.
22.Prohibition of advertisement relating to pre-conception and pre-natal determination of
sex and punishment for contravention.—
(1)
No person, organisation, Genetic Counselling Centre, Genetic Laboratory or Genetic Clinic,
including Clinic, Laboratory or Centre having ultrasound machine or imaging machine or
scanner or any other technology capable of undertaking determination of sex of foetus or
sex selection shall issue, publish, distribute, communicate or cause to be issued, published,
distributed or communicated any advertisement, in any form, including internet, regarding
facilities of pre-natal determination of sex or sex selection before conception available at
such Centre, Laboratory, Clinic or at any other place.
(2)
No person or organisation including Genetic Counselling Centre, Genetic Laboratory or
Genetic Clinic shall issue, publish, distribute, communicate or cause to be issued, published,
distributed or communicated any advertisement in any manner regarding pre-natal
determination or pre-conception selection of sex by any means whatsoever, scientific or
otherwise.
(3)
Any person who contravenes the provisions of sub-section (1) or sub-section (2) shall be
punishable with imprisonment for a term which may extend to three years and with fine
which may extend to ten thousand rupees.
Explanation.—
For the purposes of this section, “advertisement” includes any notice, circular, label,
wrapper or any other document including advertisement through internet or any other
media in electronic or print form and also includes any visible representation made by
means of any hoarding, wall-painting, signal, light, sound, smoke or gas.
THE CHILD
In this Act, unless the context otherwise requires,--

1
[(i) "adolescent" means a person who has completed his fourteenth year of age but
has not completed his eighteenth year;]

2
[(ia)] "appropriate Government" means, in relation to an establishment under the
control of the Central Government or a railway administration or a major port or a
mine or oilfield, the Central Government, and in all other cases, the State
Government;

3
[(ii) "child" means a person who has not completed his fourteenth year of age or
such age as may be specified in the Right of Children to Free and Compulsory
Education Act, 2009 (35 of 2009), whichever is more;]
(iii) “day” means a period of twenty-four hours beginning at mid-night;
(iv) “establishment” includes a shop, commercial establishment, workshop, farm, residential
hotel, restaurant, eating house, theatre or other place of public amusement or
entertainment;
(v) “family”, in relation to an occupier, means the individual, the wife or husband, as the
case may be, of such individual, and their children, brother or sister of such individual;
(vi) “occupier”, in relation to an establishment or a workshop, means the person who has
the ultimate control over the affairs of the establishment or workshop;
(vii) “port authority” means any authority administering a port;
(viii) “prescribed” means prescribed by rules made under section 18;
(ix) “week” means a period of seven days beginning at midnight on Saturday night or such
other night as may be approved in writing for a particular area by the Inspector;
(x) “workshop” means any premises (including the precincts thereof) wherein any industrial
process is carried on, but does not include any premises to which the provisions of section
67 of the Factories Act, 1948 (63 of 1948), for the time being, apply.
3. Prohibition of employment of children in any occupations and processes.—(1) No child
shall be employed or permitted to work in any occupation or process.
(2) Nothing in sub-section (1) shall apply where the child,--
(a) helps his family or family enterprise, which is other than any hazardous occupations or
processes set forth in the Schedule, after his school hours or during vacations;
(b) works as an artist in an audio-visual entertainment industry, including advertisement,
films, television serials or any such other entertainment or sports activities except the
circus, subject to such conditions and safely measures, as may be prescribed:
Provided that no such work under this clause shall effect the school education of the Child.
Explanation.—For the purposes of this section, the expression,
(a) “family” in relation to a child, means his mother, father, brother, sister and fathers sister
and brother and mothers sister and brother;
(b) “family enterprises” means any work, profession, manufacture or business which is
performed by the members of the family with the engagement of other persons;
(c) “artist” means a child who performs or practices any work as a hobby or profession
directly involving him as an actor, singer, sports person or in such other activity as may be
prescribed relating to the entertainment or sports activities falling under clause (b) of sub-
section .
Section 14 Penalties
[(1) Whoever employs any child or permits any child to work in contravention of the
provisions of section 3 shall be punishable with imprisonment for a term which shall not be
less than six months but which may extend to two years, or with fine which shall not be less
than twenty thousand rupees but which may extend to fifty thousand rupees, or with both:
Provided that the parents or guardians of such children shall not be punished unless they
permit such child for commercial purposes in contravention of the provisions of section 3.
(1A) Whoever employs any adolescent or permits any adolescent to work in contravention
of the provisions of section 3A shall be punishable with imprisonment for a term which shall
not be less than six months but which may extend to two years or with fine which shall not
be less than twenty thousand rupees but which may extend to fifty thousand rupees, or
with both:
Provided that the parents or guardians of such adolescent shall not be punished unless they
permit such adolescent to work in contravention of the provisions of section 3A.
(1B) Notwithstanding anything contained in sub-sections (1) and (1A) the parents or
guardians of any child or adolescent referred to in section 3 or section 3A, shall not be liable
for punishment, in case of the first offence.]
2[(2) Whoever, having been convicted of an offence under section 3 or section 3A commits a
like offence afterwards, he shall be punishable with imprisonment for a term which shall not
be less than one year but which may extend to three years.
(2A) Notwithstanding anything contained in sub-section (2), the parents or guardian having
been convicted of an offence under section 3 or section 3A, commits a like offence
afterwards, he shall be punishable with a fine which may extend to ten thousand rupees.]
(3) Whoever—
3** * * *
(d) fails to comply with or contravenes any other provisions of this Act or the rules made
thereunder,
Shall be punishable with simple imprisonment which may extend to one month or with fine
which may extend to ten thousand rupees or with both.
14A. Offences to be Congnizable.—Notwithstanding anything contained in the Code of
Criminal Procedure, 1973 (2 of 1974), any offence committed by an employer and
punishable under section 3 or section 3A shall be cognizable
14D. Compounding of offences
(1)
Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), the
District Magistrate may, on the application of the accused person, compound any offence
committed for the first time by him, under sub-section (3) of section 14 or any offence
committed by an accused person being parent or a guardian, in such manner and on payment
of such amount to the appropriate Government, as may be prescribed.
(2)
If the accused fails to pay such amount for composition of the offence, then, the proceedings
shall be continued against such person in accordance with the provisions of this Act.
(3)
Where any offence is compounded before the institution of any prosecution, no prosecution
shall be instituted in relation to such offence, against the offender in relation to whom the
offence is so compounded.
(4)
Where the composition of any offence is made after the institution of any prosecution, such
composition shall be brought in writing, to the notice of the Court in which the prosecution is
pending and on the approval of the composition of the offence being given, the person against
whom the offence is so compounded, shall be discharged.
IMMORAL TRAFFIC
Definitions.
- In this Act, unless the context otherwise requires,-
(a)
“brothel” includes any house, room, or place or any portion of any house, room or place,
which is used for purposes of prostitution for the gain of another person or for the mutual
gain of two or more prostitutes.
f.Prostitution” means the act of a female offering her body for promiscuous sexual
intercourse for hire, whether in money or in kind
Section 3
Punishment for keeping a brothel or allowing premises to be used as a brothel.
(1)
Any person who keeps or manages, or acts or assists in the keeping or management of, a
brothel shall be punishable on first conviction with rigorous imprisonment for a term of not
less than one year and not more than three years and also with fine which may extend to two
thousand rupees and in the event of a second or subsequent conviction, with rigorous
imprisonment for a term of not less than two years and not more than five years and also with
fine which may extend to two thousand rupees.
(2)
Any person who-
(a)
Being the tenant, lessee, occupier or person in charge of any premises, uses, or knowingly
allows any other person to sue, such premises or any part thereof as a brothel, or
(b)
Being the owner, lessor or landlord of any premises or the agent of such owner, lessor or
landlord, lets the same or any part thereof with the knowledge that the same or any part
thereof is intended to be used as a brothel, or is wilfully a party to the use of such premises or
any part thereof as a brothel.
Shall be punishable on first conviction with imprisonment for a term which may extend to
two years and with fine which may extend to two thousand rupees and in the event of a
second or subsequent conviction, with rigorous imprisonment for a term which may extend to
five years and also with fine.
(3)
Notwithstanding anything contained in any other law for the time being in force, on
conviction of any person referred to in clause (a) or clause (b) of sub-section (2) of any
offence under that sub-section in respect of any premises or any part thereof, any lease or
agreement under which such premises have been leased out or are held or occupied at the
time of the commission of the offence, shall become void and inoperative with effect from
the date of the said conviction.
4.Punishment for living on the earnings of prostitution.
(1)
Any person over the age of eighteen years who knowingly lives, wholly or in part, on the
earnings of the prostitution of a woman or girl shall be punishable with imprisonment for a
term which may extend to two years, or with fine which may extend to one thousand rupees,
or with both.
(2)
Where any person is proved-
(a)
To be living with, or to be habitually in the company of, a prostitute; or
(b)
To have exercised control, direction or influence over the movements of a prostitute in such a
manner as to show that such person is aiding, abetting or compelling her prostitution; or
(c)
To be acting as a tout or pimp on behalf of a prostitute, it shall be presumed, until the
contrary is proved, that such person is knowingly living on the earnings of prostitution of
another person within the meaning of sub-section (1):
Provided that no such presumption shall be drawn in the case of a son or daughter of a
prostitute, if the son or daughter is below the age of eighteen years.
5.Procuring, inducing or taking woman or girl for the sake of prostitution.
(1)
Any person who-
(a)
Procures or attempts to procure a woman or girl, whether with or without her consent, for the
purpose of prostitution; or
(b)
Induces a woman or girl to go from any place, with the intent that she may for the purpose of
prostitution become the inmate of, or frequent, a brothel; or
(c)
Takes or attempts to take a woman or girl, or causes a woman or girl to be taken, from one
place to another with a view to her carrying on, or being brought up to carry on prostitution;
or
(d)
Causes or induces a woman or girl to carry on prostitution;
Shall be punishable on first conviction with rigorous imprisonment for a term of not less than
one year and not more than two years and also with fine which may extend to two thousand
rupees.
(2)
In the event of a second or subsequent conviction of an offence under this section a person
shall be punishable with rigorous imprisonment for a term of not less than two years and not
more than five years and also with fine which may extend to two thousand rupees.
(3)
An offence under this section shall be triable-
(a)
In the place from which a woman or girl is procured, induced to go, taken or caused to be
taken or from which an attempt to procure or take such woman or girl is made; or
(b)
In the place to which she may have gone as a result of the inducement or to which she is
taken or caused to be taken or an attempt to take her is made.
Section 6
Detaining a woman or girl in premises where prostitution is carried on.
(1)
Any person who detains any woman or girl, whether with or without her consent,-
(a)
In any brothel, or
(b)
In or upon any premises with intent that she may have sexual intercourse with any man other
than her lawful husband,
Shall be punishable on first conviction with rigorous imprisonment for a term of not less than
one year and not more than two years and also with fine which may extend to two thousand
rupees.
(2)
On a second or subsequent conviction for an offence under this section a person shall be
punishable with rigorous imprisonment for a term of not less than two years and not more
than five years and also with fine which may extend to two thousand rupees.
(3)
A person shall be presumed to detain a woman or girl in a brothel or in or upon any premises
for the purpose of sexual inter-course with a man other than her lawful husband, if such
person, with intent to compel or induce her to remain there,-
(a)
Withholds from her any jewellery, wearing apparel, money or other property belonging to
her, or
(b)
Threatens her with legal proceedings if she takes away with her any jewellery, wearing
apparel, money or other property lent or supplied to her by or by the direction of such person.
(4)
Notwithstanding any law to the contrary, no suit, prosecution or other legal proceeding shall
lie against such woman or girl at the instance of the person by whom she has been detained,
for the recovery of any jewellery, wearing apparel or other property alleged to have been lent
or supplied to or for such woman or girl or to have been pledged by such woman or girl or for
the recovery of any money alleged to be payable by such woman or girl.
Section 7
Prostitution in or in the vicinity of public places.
(1)
Any woman or girl who carries on prostitution, and the person with whom such prostitution is
carried on, in any premises which are within a distance of two hundred yards of any place of
public religious worship, educational institution, hostel, hospital, nursing home or such other
public place of any kind as may be notified in this behalf by the Commissioner of Police of
District Magistrate in the manner prescribed, shall be punishable with imprisonment for a
term which may extend to three months.
(2)
Any person who-
(a)
Being the keeper of any public place knowingly permits prostitutes for purposes of their trade
to resort to or remain in such place; or
(b)
Being the tenant, lessee, occupier or person in charge of any premises referred to in sub-
section (1) knowingly permits the same or any part thereof to be used for prostitution; or
(c)
Being the owner, lessor or landlord of any premises referred to in sub-section (1), or the agent
of such owner, lessor or landlord, lets the same or any part thereof with the knowledge that
the same or any part thereof may be used for prostitution, or is wilfully a party to such use,
Shall be punishable on first conviction with imprisonment for a term which may extend to
three months, or with fine which may extend to two hundred rupees, or with both, and in the
event of a second or subsequent conviction with imprisonment for a term which may extend
to six months and also with fine which may extend to two hundred rupees.
Section 10. Probation of good conduct and detention in protective home.
(1)
(a)
A person convicted for the first time of any offence under sub-section (2) of section 3, or
under section 4, section 5, section 7 or section 8 may, having regard to his age, character,
antecedents and the circumstances in which the offence was committed, be released by the
court before which he is convicted on probation of good conduct in the manner provided in
sub-section (1) of section 562 of the Code of Criminal Procedure, 1898 (5 of 1898).
(b)
A person convicted for the first time of any offence under section 7 or section 8 may, having
regard to his age, character, antecedents and the circumstances in which the offence was
committed, also be released with admonition in the manner provided for in sub-section (1A)
of section 562 of the Code of Criminal Procedure, 1898 (5 of 1898).
(c)
The provisions of sub-section (2), sub-section (3) and sub-section (4) of section 562 and
section 563 and section 564 of the Code of Criminal Procedure, 1898 (5 of 1898), shall apply
to cases referred to in clause (a) and clause (b).
(2)
Where a woman or girl is convicted of any offence under section 7 or section 8 and is not
released under clause (a) of sub-section (1) on probation of good conduct or under clause (b)
of that sub-section with admonition, the court convicting the woman or girl may, having
regard to the age, character, antecedents of the woman or girl and the circumstances in which
the offence was committed, pass in lieu of the sentence of imprisonment or fine, a sentence of
detention in a protective home for a period of not less than two years and not more than five
years.
(3)
Notwithstanding anything contained in the Code of Criminal Procedure, 1898 (5 of 1898), or
any other law for the time being in force, no person convicted under sub-section (1) of
section 3 or under section 6 or section 9 shall be released on probation or with admonition.