Legal penalties for child abandonment, concealment of birth, child exploitation, illicit intercourse, kidnapping, and trafficking under Indian law.
Offences against children (Sections 93-99) are serious crimes under Indian law, covering abandonment, exploitation, trafficking, and abuse. Sections 93-99 of the legal framework ensure strict penalties for individuals involved in such crimes. These provisions aim to protect children’s rights and provide justice for victims.
SECTION 93: ABANDONMENT OF A CHILD (EARLIER SECTION– 317)
What is Section 93?
Section 93 penalizes parents or guardians who abandon a child under the age of twelve years. The law aims to protect vulnerable children from being left without care and protection.
Punishment
Imprisonment of up to seven years, or a fine, or both. If the child dies due to exposure, the offender may face charges of murder or culpable homicide.
Landmark Case
Laxmi vs. State of Madhya Pradesh (2012) – in this case, the court held that deliberate abandonment leading to harm or death can attract severe punishment.
Objective
This section ensures that children are not left in life-threatening situations due to negligence or malice by their guardians.
SECTION 94: CONCEALMENT OF BIRTH (EARLIER SECTION- 318)
What is Section 94?
Section 94 criminalizes secretly disposing of a child’s dead body to conceal its birth, whether the child was stillborn or died after birth.
Punishment
Imprisonment of up to two years, or a fine, or both.
Landmark Case
Smt. Shanti vs. State of Rajasthan (2009) – In this case, the court ruled that the secret disposal of a newborn’s body suggested an attempt to hide an illegitimate birth, warranting punishment under this section.
Objective
This provision deters individuals from concealing births through illegal means and ensures proper legal procedures for infant deaths.
SECTION 95: HIRING A CHILD FOR CRIMINAL ACTIVITIES (EARLIER SECTION- 372)
What is Section 95?
Section 95 punishes anyone who hires, employs, or engages a child to commit an offense, including sexual exploitation and pornography.
Punishment
Imprisonment between three and ten years, along with a fine. The offender will also face punishment as if they committed the offense themselves.
Landmark Case
Bachpan Bachao Andolan vs. Union of India (2016) – In this case, the Supreme Court reinforced strict measures against child exploitation.
Objective
This section protects children from being used as tools in criminal activities and ensures severe consequences for offenders.
SECTION 96: INDUCING A CHILD FOR ILLICIT INTERCOURSE (EARLIER SECTION-366A)
What is Section 96?
Section 96 criminalizes any act of inducing a child to move to a location or perform an act that results in forced or seduced illicit intercourse.
Punishment
Imprisonment of up to ten years and a fine.
Landmark Case
State vs. Ramesh (2017) – In this case, court upheld stringent punishment for luring a minor into illicit relations.
Objective
This provision safeguards children from sexual exploitation and trafficking.
SECTION 97: KIDNAPPING FOR THEFT
What is Section 97?
Section 97 criminalizes kidnapping or abducting a child under ten years with the intent to steal from them.
Punishment
Imprisonment of up to seven years and a fine.
Landmark Case
Rajesh vs. State of Maharashtra (2015) – The accused was sentenced for abducting a child for theft.
Objective
This section prevents crimes against children for financial gain and ensures strict penalties for offenders.
SECTION 98: SALE OF A CHILD FOR PROSTITUTION (EARLIER SECTION- 372)
What is Section 98?
Section 98 punishes anyone who sells, hires, or disposes of a child for prostitution or other immoral purposes.
Punishment
Imprisonment of up to ten years and a fine.
Landmark Case
Gaurav Jain vs. Union of India (1997) –In this case, the Supreme Court addressed rehabilitation of child victims of prostitution.
Objective
This provision serves as a strong deterrent against child trafficking and exploitation.
SECTION 99: PURCHASE OF A CHILD FOR IMMORAL PURPOSES (EARLIER SECTION- 373)
What is Section 99?
Section 99 criminalizes buying, hiring, or obtaining possession of a child for prostitution or illicit intercourse.
Punishment
Imprisonment between seven to fourteen years and a fine.
Landmark Case
Kailash Sahu vs. State of Bihar (2018) – In this case, the accused was convicted for purchasing a minor for sexual exploitation.
Objective
This section reinforces legal safeguards against child trafficking and ensures severe punishment for offenders.
QUICK SUMMARY
| Offence | BNS Section | Corresponding IPC Section | Key Changes in BNS |
| Abandonment of a Child | Section 93 | Section 317 | No major change; similar provision retained. |
| Concealment of Birth | Section 94 | Section 318 | No major change; wording modified for clarity. |
| Hiring a Child for Crimes | Section 95 | No direct equivalent | Newly introduced provision in BNS to curb child exploitation. |
| Inducing a Child for Illicit Intercourse | Section 96 | Section 366A | Retained but better defined in BNS. |
| Kidnapping for Theft | Section 97 | No direct equivalent | New provision added in BNS. |
| Sale of a Child for Prostitution | Section 98 | Section 372 | No major change; reworded for clarity. |
| Purchase of a Child for Immoral Purposes | Section 99 | Section 373 | Enhanced provisions with increased legal clarity. |
SOURCE – MINISTRY OF LAW AND JUSTICE
FAQ’S
- What are the key laws in India that protect children from offences?
India has enacted several laws to safeguard children from various offences, including:
- Protection of Children from Sexual Offences (POCSO) Act, 2012: Addresses sexual abuse and exploitation of children.
- Juvenile Justice (Care and Protection of Children) Act, 2015: Focuses on children in conflict with the law and those in need of care and protection.
- Child Labour (Prohibition and Regulation) Act, 1986: Prohibits the engagement of children in certain employments and regulates the conditions of work in others.
- Prohibition of Child Marriage Act, 2006: Aims to prevent child marriages and protect children from related abuses.
- Right of Children to Free and Compulsory Education Act, 2009: Ensures free and compulsory education for children aged 6 to 14 years.
2. What constitutes child abuse under Indian law?
Child abuse in India encompasses physical, emotional, sexual abuse, and neglect. The POCSO Act specifically defines various sexual offences against children, including penetrative and non-penetrative assault, sexual harassment, and the use of children for pornographic purposes. Additionally, the Juvenile Justice Act addresses cruelty, exploitation, and abandonment of children.
3. What are the penalties for sexual offences against children under the POCSO Act?
The POCSO Act prescribes stringent punishments for sexual offences against children:
- Penetrative Sexual Assault: Imprisonment ranging from 7 years to life, along with a fine.
- Aggravated Penetrative Sexual Assault: Imprisonment for not less than 10 years, which may extend to life imprisonment, and a fine.
- Sexual Assault: Imprisonment of 3 to 5 years and a fine.
- Aggravated Sexual Assault: Imprisonment of 5 to 7 years and a fine.
- Sexual Harassment: Imprisonment up to 3 years and a fine.
These provisions ensure that offenders are held accountable and serve as a deterrent against child sexual abuse.
4. How does Indian law address child trafficking and exploitation?
Indian laws combat child trafficking and exploitation through various provisions:
- Indian Penal Code (IPC): Sections 370 and 370A criminalize trafficking of persons, including children, for exploitation.
- Juvenile Justice Act, 2015: Addresses the rehabilitation and reintegration of trafficked children and prescribes penalties for those involved in such activities.
- Immoral Traffic (Prevention) Act, 1956: Targets trafficking for commercial sexual exploitation.
These laws provide a framework for the prevention, rescue, and rehabilitation of trafficked and exploited children.
5. What measures are in place to prevent child labor in India?
The Child Labour (Prohibition and Regulation) Amendment Act, 2016 prohibits the employment of children below 14 years in all occupations and processes, except where the child helps family enterprises outside school hours. For adolescents aged 14 to 18 years, the Act prohibits employment in hazardous occupations and processes. Violations can lead to imprisonment ranging from 6 months to 2 years and fines between ₹20,000 to ₹50,000. The Act also emphasizes the importance of education for children rescued from labor.
