Telangana State Resource Centre

For Elimination of Child Labour

Labour Department, Govt. of Telangana

CONSTITUTIONAL AND LEGAL PROVISIONS FOR PROTECTING CHILDREN

The constitution of India guarantees all its citizens including minors –justice, social, economic and
political; freedom of thought, expression, belief, faith and worship; equity of status and opportunity
Page | 1
and fraternity, dignity of individual and unity of the Nation.

Section Description Punishment

Employing or permitting a child 6 months to 2 years imprisonment or Fine of

in any occupation or process Rs 20,000 to Rs. 50,000 or Both (Punishment
CLPRA Section 3,
aside from non-hazardous exempt for parents or guardians committing
14(1), 14 (1)
family enterprise or safe audio- for non-commercial purpose)
Proviso
visual entertainment subject to
education

Employing or permitting
adolescent in hazardous
CLPRA Section 3, 6 months to 2 years imprisonment or Fine of
occupations or processes listed
14(1A) Rs 20,000 to Rs. 50,000 or Both
in the CLPRA Schedule of
Hazardous Occupations List

Commission of Like Offence

CLPRA Section 3,
after being Convicted once 1 year to 3 years imprisonment
3A, 14(2)
under Section 3 or 3A

Commission of Like Offence

CLPRA Section 3,
after being Convicted once Fine up to Rs 10,000 (Parent or Guardian
3A, 14(2A), 14
under Section 3 or 3A by exempt on first conviction)
(1B)
parent or guardian

Up to 5 years imprisonment and Fine of Rs.

Employs child for begging or 1,00,000
JJ Act 76(1)
causes child to beg

Amputates or maims child for 7 to 10 years imprisonment and Fine of Rs.

JJ Act 76 Proviso
purpose of begging 5,00,000

Gives or causes to be given

liquor, drug, tobacco product Up to 7 years imprisonment and Fine of Rs.
JJ Act 77
or psychotropic substance to a 1,00,000
child

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 Telangana State Resource Centre
For Elimination of Child Labour
Labour Department, Govt. of Telangana

Using child for vending,

peddling, carrying, supplying or Up to 7 years imprisonment and Fine of Rs.
JJ Act 78
smuggling liquor, drug or 1,00,000
psychotropic substance
Page | 2
Engaging and keeping child in
bondage for purpose of
Up to 5 years imprisonment and Fine of Rs.
JJ Act 79 employment or withholding
1,00,000
earnings or using earnings for
own purpose

Buying or Selling children for Up to 5 years imprisonment and Fine of Rs.

JJ Act 81
any purpose 1,00,000

Offence under Section 81 by

3 to 7 years imprisonment and Fine of Rs.
JJ Act 81 Proviso person having charge of child
1,00,000
including home staff

whoever accepts any payment

BLSA Section 9
from a labourer against a Up to 3 years imprisonment and Fine
(2)
bonded debt

Whoever compels any person Up to 3 years imprisonment and Fine up to Rs.

BLSA Section 16
to provide bonded labour 2,000

Whoever advances a bonded Up to 3 years imprisonment and Fine up to Rs.

BLSA Section 17
debt 2,000

Whoever enforces any custom,

tradition, contract or Up to 3 years imprisonment and Fine up to Rs.
BLSA Section 18 agreement requiring any 2,000 and Payment from Fine to victim at Rs. 5
person to work under a per day worked in bondage
bonded labour system

Up to 1 year imprisonment and Fine up to Rs.

Whoever fails to restore any
BLSA Section 19 1,000 r Both and Payment from Fine to victim
property of a bonded labourer
at Rs. 5 per day property not restored

BLSA Section 20 Abetment of offence Same as Offence

IPC 370 (4) Trafficking of minor 10 years to Life imprisonment and fine

Trafficking of more than 1

IPC 370 (5) 14 years to Life imprisonment and fine
minor

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For Elimination of Child Labour
Labour Department, Govt. of Telangana

Person convicted of offence of

IPC 370 (6) trafficking on minor on more Life imprisonment and fine
than one occasion

Page | 3 Public servant or a police

IPC 370 (7) officer involved in trafficking of Life imprisonment and fine
person

Sexual Exploitation of a
IPC 370A (1) 5 to 7 years of imprisonment and Fine
trafficked minor

IPC 371 Habitual dealing in slaves Up to 10 years or Life imprisonment and Fine

IPC 374 Unlawful compulsory labour 1 year of imprisonment or Fine or Both

Up to 1 year of imprisonment or Fine up to Rs.

IPC 323 Voluntarily causing hurt
1000 or Both

Voluntarily causing grievous

IPC 325 Up to 7 years of imprisonment and Fine
hurt

Voluntarily causing hurt to

IPC 327 extort property or constrain to Up to 10 years of imprisonment and Fine
an illegal act

Voluntarily causing grievous

IPC 329 hurt to extort property or to Up to 10 years or Life imprisonment and Fine
constrain to an illegal act

Up to 1 month imprisonment or Fine up to Rs.

IPC 341 Wrongful Restraint
500 or Both

Up to 1 year imprisonment or Fine up to Rs.

IPC 342 Wrongful Confinement
1000 or Both

Wrongful Confinement for 3

IPC 343 Up to 2 years imprisonment and Fine
days or more

Wrongful Confinement for 10

IPC 344 Up to 3 years imprisonment and Fine
days or more

Wrongful confinement in Up to 2 years imprisonment + IPC Sections 342,

IPC 346
secret 343 and 344 may also be applied

Up to 3 months imprisonment or Fine up to Rs.

IPC 352 Assault or Criminal Force
500 or Both
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 Telangana State Resource Centre
For Elimination of Child Labour
Labour Department, Govt. of Telangana

Assault or Criminal Force in

Up to 1 year imprisonment or Fine up to Rs.
IPC 357 attempt to wrongfully confine
1000 or Both
a person

Page | 4 IPC 366A Procuring of a minor Up to 10 years imprisonment and Fine

Kidnapping or abducting in
IPC 367 order to subject person to Up to 10 years imprisonment and Fine
slavery

Wrongfully concealing or
Same as the Specific Offence or Kidnapping or
IPC 368 keeping confined a kidnapped
Abducting
or abducted person

IPC 506 Criminal Intimidation Up to 2 years imprisonment or Fine or Both

Criminal intimidation by threat

to cause death, grievous hurt
arson, imply unchastity or
IPC 506 Up to 7 years imprisonment or Fine or Both
cause any offence punishable
with sentence up to 7 years or
Life or Death

SC/ST Act Making a SC/ST member to do

Section 3(1)(h) 'Begar' or 'Vetti Chaakiri' or any 6 months to 5 years imprisonment and Fine
Section 3(1) form of forced/bonded labour

SC/ST Act Forces or causes a SC/ST

Section 3(1)(z) member to leave his house, 6 months to 5 years imprisonment and Fine
Section 3(1) village or residence

Commits an offence under IPC

SC/ST Act
punishable with 10 years or Life imprisonment and Fine
Section 3(2)(v)
more against SC/ST member

Contravention of provisions Up to 1 year imprisonment or Fine up to Rs.

ISMW Act
regarding employment or 1000 or Both and Rs. 100 per day Contravening
Section 25
license under ISMW Post First Convention

Contravention of other
ISMW Act Up to 2 years imprisonment or Fine up to Rs.
provisions under ISMW not
Section 26 2000 or Both
punishable elsewhere

Prohibition of For living on earnings of

Imprisonment from 7-10 years
Immoral prostitution of a child or a
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For Elimination of Child Labour
Labour Department, Govt. of Telangana

Trafficking and minor

Exploitation of
Children Section
4(1)

Page | 5 Prohibition of
Immoral
Procuring or influencing or
Trafficking and Imprisonment from 7-14 years and a fine upto
kidnapping of a child for the
Exploitation of Rs. 2000
purposes of prostitution
Children Section
5(1) & (2)

Prohibition of
Immoral
Trafficking and Detention of a child against the
Imprisonment from 7-10 years and fine
Exploitation of will of the child
Children (Section
6)

Prohibition of
Seduction of a child in custody
Immoral
(any person who causes, abets
Trafficking and Imprisonment for life, or rigorous
or aid has the charge, custody
Exploitation of imprisonment from 7-10 years and fine.
or care of the child, seduces
Children (Section
the child for prostitution)
9)

Prohibition of
Child Marriage Offence of an adult male Up to 2 years rigorous imprisonment or fine
Act, 2006 marrying a child upto Rs. 1 lakh or both
(Section 9)

Prohibition of
Whosoever commits the
Child Marriage Up to 2 years rigorous imprisonment or fine
offence of solemnising a child
Act, 2006 upto Rs. 1 lakh or both
marriage
(Section 10)

Prohibition of any person including guardian

Child Marriage or parent whether in his/her Up to 2 years rigorous imprisonment or fine
Act, 2006 lawful/unlawful capacity that upto Rs. 1 lakh or both
(Section 11) promotes child marriage

POCSO Act Min 5 years & maximum 7 years imprisonment

Aggravated Sexual Assault
(Section 8) with Fine

POCSO Act Sexual Harassment of Children. Up to 3 years imprisonment with Fine

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 Telangana State Resource Centre
For Elimination of Child Labour
Labour Department, Govt. of Telangana

(Section 11) (Any unwelcome sexual

remarks, gestures, emails,
telephone calls, taunting,
jeering, demands or requests
for sexual favours amounts to
Page | 6 sexual harassment.)

POCSO Act Use of Child for pornographic Min 5 years & maximum 7 years imprisonment
(Section 13) purpose with Fine

One-half of the longest term of imprisonment

POCSO Act
attempt to commit an offence provided for that offence or with fine or with
(Section 18)
both.

POCSO Act Abetment of POCSO Offence Same punishment as offence as listed above

Makes it mandatory for every

Failing to report the commission of an offence
POCSO Act- citizen to report cases of sexual
u/s 19 (1) or u/s 20 or failing to record such
(Section 19). offences against children to the
offence u/s 19(2) shall be punishable u/s 21
police

Whoever contravenes the provisions of sub-

RTE Act Section Prohibition of mental section (1) shall be liable to disciplinary action
17(1) harassment to child under the service rules applicable to such
person.

Whoever contravenes the provisions of sub-

RTE Act Section Prohibition of physical section (1) shall be liable to disciplinary action
17(2) punishment or abuse to child under the service rules applicable to such
person.

Constitutional Guarantees for Children in India

Constitution of
Right to free and compulsory elementary education for all children in the 6-14
India (Article 21
year age group
A)

Constitution of
Right to be protected from any hazardous employment till the age of 14 years
India (Article 24)

Constitution of
Right to be protected from being abused and forced by economic necessity to
India (Article
enter occupations unsuited to their age or strength
39(e))

Constitution of Right to equal opportunities and facilities to develop in a healthy manner and in
India (Article conditions of freedom and dignity and guaranteed protection of childhood and
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 Telangana State Resource Centre
For Elimination of Child Labour
Labour Department, Govt. of Telangana

39(f)) youth against exploitation and against moral and material abandonment

Constitution of Right to early childhood care and education to all children until they complete
India (Article 45) the age of six years
Page | 7 Fundamental Rights of Children as Citizens of India

Constitution of
Right to Equality
India (Article 14)

Constitution of
Right against discrimination
India (Article 15)

Constitution of
Right to personal liberty and due process of law
India (Article 21)

Constitution of
Right to being protected from being trafficked and forced into bonded labour
India (Article 23)

Constitution of
Right of minorities for protection of their interests
India (Article 29)

Constitution of Right of weaker sections of the people to be protected from social injustice and
India (Article 46) all forms of exploitation

Constitution of
Right to nutrition and standard of living and improved public health
India (Article 47)

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