Offences Against Children Under the 2000 Act

In one line

Four offences protected the child from the adult who had charge of him or exploited him, all four were cognizable, and where they overlapped with another statute the heavier punishment governed.

In the wording a student can write in an exam: section 23 of the Juvenile Justice (Care and Protection of Children) Act, 2000 provided that whoever, having the actual charge of or control over a juvenile or child, assaults, abandons, exposes or wilfully neglects him, or causes or procures him to be assaulted, abandoned, exposed or neglected, in a manner likely to cause him unnecessary mental or physical suffering, shall be punishable with imprisonment for a term which may extend to six months, or fine, or with both.

The four offences

Section 23, cruelty. The offender must have the actual charge of or control over the juvenile or child. The conduct is to assault, abandon, expose or wilfully neglect him, or to cause or procure him to be assaulted, abandoned, exposed or neglected. It must be in a manner likely to cause unnecessary mental or physical suffering. Punishment: six months, or fine, or both.

Section 24, employment for begging. Sub-section (1): whoever employs or uses any juvenile or child for the purpose of begging, or causes any juvenile to beg, is punishable with three years and fine. Sub-section (2): whoever, having the actual charge of or control over a juvenile or child, abets that offence is punishable with one year and fine.

Section 25, giving intoxicants. Whoever gives, or causes to be given, to a juvenile or child any intoxicating liquor in a public place, or any narcotic drug or psychotropic substance, except on the order of a duly qualified medical practitioner or in case of sickness, is punishable with three years and fine.

Section 26, exploitation of a child employee. Whoever ostensibly procures a juvenile or child for the purpose of any hazardous employment, keeps him in bondage and withholds his earnings or uses such earnings for his own purposes, is punishable with three years and fine.

What to notice in the drafting

Only sections 23 and 24(2) require a relationship. They apply to a person having the actual charge of or control over the child. Sections 24(1), 25 and 26 apply to whoever does the act.

Section 23 is the least punished and the most common. Six months for cruelty by the person who had charge of the child, against three years for giving him a drink in a public place.

Section 24 punishes the user more heavily than the abettor. Three years for employing or using a child for begging; one year for the person in charge who abets it.