Offences relating to children

-Yamini Jain
(Intern, iPleaders)
 Introduction
➔ Children are amongst the most vulnerable and exploited
members of the society.
➔ Offences committed against children have sustained since
primitive times and have been on a rise even after the
enactment of various legislations in their interest.
➔ The Indian Penal Code, 1860 penalizes the commission of
offences against children under various heads, including,
homicide; foeticide; kidnapping; sexually exploitative
acts; etc.
 Murder
➔ Section 300 of the IPC provides for the offence of
murder, which is punishable under Section 302 with death,
or imprisonment for life and fine.
➔ Such an offence committed against a child disturbs the
collective conscience of the society as a whole, and
demands death penalty for the accused.
 Abetment of suicide
1. Ingredients of Section 305 are:
➔ Abetment by accused;
➔ Suicide by child under 18 years of age.
2. This section punishes such abettor with death, or
imprisonment for life/upto 10 years and fine.
 Kidnapping & Abduction
1. The IPC, under Section 359, recognises two kinds of kidnapping:
➔ Kidnapping from India (S. 360); and
➔ Kidnapping from lawful guardianship (S. 361).
2. An offender of kidnapping shall be punished under Section 363
with imprisonment of upto 7 years and fine.
3. The aggravated forms of kidnapping punishable under the IPC
are:
➔ Kidnapping for ransom (Section 364A IPC);
➔ Kidnapping for begging (Section 363-A IPC);
➔ Kidnapping to compel for marriage (Section 366 IPC);
➔ Kidnapping for slavery etc. (Section 367 IPC);and
➔ Kidnapping for stealing from its person (under 10 years of age
only) (Section 369 IPC).
 Procuration of minor girls
1. Section 366A of the IPC provides for the offence of
procuration of a minor girl, under 18 years of age,
by inducing her to do any act/go from any place in
order to force or seduce her to illicit
intercourse.
2. Such offender shall be punishable with imprisonment
of upto 10 years and fine.
 Sale/Purchase of Minors for Prostitution
1. Section 372 provides the punishment for selling a person
under the age of 18 years of either sex for the purpose
of prostitution, illicit intercourse, or for any other
immoral purpose, while Section 373 punishes those who buy
minors for the aforementioned purposes.
2. Offences under both the sections are punishable with
imprisonment of upto 10 years and fine.
3. Both provisions presume guilt if the offence is committed
on a female minor, unless proven to the contrary.
 rape
1. Section 375(6) of the IPC provides that the commission of
sexual intercourse in any of the forms mentioned in
clauses (a),(b),(c), and (d), with a minor girl under the
age of 18 years will amount to rape, irrespective of her
consent to such act.
2. Exception 2 of S.375, also protects married women under
the age of 15 years from being subjected to any kinds of
sexual acts.
3. An offender of a girl under 16 years of age is punishable
with imprisonment of upto 20 years/life and fine.
4. Other aggravated forms of the offence are punished under
Sections 376-AB, 376-DA, and 376-DB.
 Offences against newborn & unborn children
1. The Indian Penal Code, 1860 envisages the provision
relating to offences committed against newborn &
unborn child under Sections 312 - 318.
2. It includes offences of causing of miscarriage;
injuries to unborn children; abandonment & exposure
of infants; and concealment of births & secret
disposal of their dead bodies.
 Causing miscarriage
1. Sections 312 - 314 of the IPC deal with the offence of causing
miscarriage and its aggravated forms.
2. It distinguishes the liability of the offender on the basis of the
quickening of the child and the woman’s consent.
3. Essential Ingredients:
➔ Voluntarily causing miscarriage;
➔ Woman with child & quick with child;
➔ Miscarriage;
➔ Woman’s Consent;
➔ Causing of miscarriage resulting in death of the woman.
 Injury to an unborn child
1. Sections 315 & 316 of the IPC stipulates the liability for injury
caused to an unborn child.
2. It covers such situations wherein an act is done with the
intention of preventing the child to be born alive; or when it
causes death of a child who is quick unborn by an act
amounting to culpable homicide.
3. Essential ingredients:
➔ Act to be before the birth of the child;
➔ Intention;
➔ Causing death of quick unborn child by act amounting to
culpable homicide.
 Abandonment & Exposure of an infant
1. Section 317 of the IPC deals with the offence of exposing a
child under twelve years of age with an intention of wholly
abandoning it, done by a parent or any person having care of it.
2. An offender under this Section shall be liable with
imprisonment of upto 7 years/fine/both.
3. Essential ingredients:
➔ Child to be under 12 years of age;
➔ Responsibility is on both father & mother or person having
care of child;
➔ Exposing/ leaving with intention to abandon;
➔ Death of Child As a Consequence of the Exposure.
 Concealment of Birth of a Child
1. Section 318 of the IPC provides that when a child’s birth is
being endeavoured to be concealed intentionally via secret
burial or disposal of the dead body of the child, irrespective of
the death occurring before/after/during its birth, then such
offender shall be liable with imprisonment of upto 2
years/fine/both.
2. Essential ingredients:
➔ Secret disposal of bodies of children;
➔ Dead body of child;
➔ Conceals/ endeavours to conceal birth.
 Proposals for reform
1. A proviso should be added to Section 312 stating that it wouldn’t be
an offence if miscarriage is done within 3 months of the pregnancy
by a registered medical practitioner.
2. Sections 361, 362, and 368 should be revised, and the punishments
provided under Sections 363, 363A, 366B, 367, 369, 370, and 372
should be enhanced. For most of these offences, taking into account
their gravity, it suggested rigorous imprisonment instead of the
existing imprisonment.
3. A new section penalizing sexual intercourse by a man with his ‘child
wife’ and ‘judicially separated wife’ should be added to the Code.
4. Section 364A (kidnapping for ransom) and the proposed punishment for
the commission of illicit intercourse with a girl under 16 years of
age with/without her consent, among other provisions, are examples
of those sections that were added upon the recommendations of the
Commission.
 Conclusion
1. The IPC, in pursuance of the Criminal Law (Amendment)
Act, 2018, has recognised aggravated forms of various
offences committed against children and has penalized
them accordingly.
2. Inspite of the steps taken worldwide, children still
remain to be the most exploited members of our community,
and hence, stringent enforcement mechanisms should be
employed to counter this issue so as to ensure the
protection of children and to guarantee their safety.
Thank you