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,--

[(i) "adolescent" means a person who has completed his fourteenth year of
1

age but has not completed his eighteenth year;]

[(ia)] "appropriate Government" means, in relation to an establishment

2

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;

[(ii) "child" means a person who has not completed his fourteenth year of
3

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.