T L B

THE LEGAL BRIDGE

Juvenile Justice Act 2015

Offences Against Children under the JJ Act

Chapter IX · Sections 74-89 · Cruelty · Begging · Intoxicants · Sale & Procurement · Corporal Punishment · Disclosure of Identity · 2021 Amendment · Case Law · Exam Strategy

Comprehensive Study Notes · Judiciary Exam Preparation

For RJS · DJS · HJS · UPJS · MPCJ · PCS-J · BCI · Law School

URL: thelegalbridge.in/offences-against-children-juvenile-justice-act-2015/

1. Introduction — Protecting Children Through Criminal Law

Chapter IX of the Juvenile Justice (Care and Protection of Children) Act, 2015 — Sections 74 to 89 — creates a comprehensive catalogue of offences against children. These provisions do not repeat the generic offences already covered by the Indian Penal Code (now Bharatiya Nyaya Sanhita 2023) and the Protection of Children from Sexual Offences Act, 2012. Instead, they address child-specific wrongs — disclosure of identity, cruelty by caregivers, employment for begging, supply of intoxicants to children, exploitation of child employees, sale and procurement, corporal punishment in institutions, use of children by militant groups, and offences committed against disabled children. Chapter IX is the penal spine of the JJ Act.

This consolidated study note covers seven topics from the TLB content plan — the complete framework of offences against children (Topic 52), cruelty to children under Section 75 with its 2021-amendment enhanced penalties (Topic 53), employment of children for begging under Section 76 (Topic 54), giving intoxicating substances to children under Section 77 (Topic 55), sale and procurement of children under Section 81 (Topic 56), corporal punishment in CCIs under Section 82 (Topic 57), and disclosure of identity of children in conflict with law under Section 74 (Topic 58).

2. Architecture of Chapter IX — The Complete Offences Framework

2.1 Full list of sections in Chapter IX

2.2 Constitutional and policy context

Chapter IX is India's legislative response to several constitutional and international obligations:

• Article 15(3) — special provisions for women and children
• Article 21 — right to life with dignity
• Article 23 — prohibition of traffic in human beings and forced labour
• Article 24 — prohibition of child employment in hazardous industries
• Article 39(e) and (f) — children's protection from exploitation; opportunities for development
• UNCRC Article 19 — protection from all forms of violence
• UNCRC Article 32 — protection from economic exploitation
• UNCRC Article 33 — protection from narcotic drug and psychotropic substance trafficking
• UNCRC Article 37 — protection from cruel, inhuman, or degrading treatment

2.3 Relation to other penal laws

Chapter IX offences operate in addition to — not in substitution of — other penal laws:

• BNS 2023 (formerly IPC 1860) — general offences like murder, hurt, kidnapping apply independently
• POCSO 2012 — sexual offences against children remain exclusively under POCSO
• Child Labour (Prohibition and Regulation) Act 1986 (as amended 2016) — child labour offences have a separate regime
• Prohibition of Child Marriage Act 2006 — child marriage is a separate regime
• Narcotic Drugs and Psychotropic Substances Act 1985 — NDPS offences involving children overlap with Sections 77-78

3. Section 74 — Disclosure of Identity of Children

3.1 Statutory text

3.2 Key elements

1. Covers four categories — CCL, CNCP, child victim, child witness
2. Prohibits disclosure of name, address, school, or any other identifying particular
3. Prohibits publication of picture or image
4. Applies to newspapers, magazines, news-sheets, audio-visual media, and any other forms of communication including social media
5. Applies throughout inquiry, investigation, and judicial proceedings

3.3 Punishment — Section 74(3)

3.4 Exception — Section 74(2)

For reasons to be recorded in writing, the JJB or CWC may permit disclosure if it is in the best interest of the child. This exception is rarely invoked and only when disclosure actively helps the child — for example, in missing child cases where public appeal could lead to family tracing.

3.5 Operational implications

• Media houses must anonymise children — 'Child X', 'Baby Y', or initials
• Photographs must be blurred or replaced with silhouettes
• Police and courts must redact name, address, school from public records
• Social media disclosures equally prohibited
• Even if other media has disclosed, each separate disclosure is a separate offence

3.6 Recent applications

High-profile cases where Section 74 has been invoked:

• Pune Porsche case (2024) — warnings to agencies that disclosed the juvenile's identity
• Various POCSO cases — media houses fined for disclosing victim's identity
• CCI abuse cases — anonymisation of child complainants' identities

4. Section 75 — Cruelty to Children

4.1 Statutory text

4.2 Elements of the offence

1. Actor — person having actual charge or control over the child (parent, guardian, caregiver, teacher, CCI staff)
2. Acts — assault, abandonment, abuse, exposure, or wilful neglect (or causing/procuring these)
3. Manner — likely to cause unnecessary mental or physical suffering
4. Nexus — the child must have been under the actor's charge or control

4.3 Punishment hierarchy

• Base offence — imprisonment up to 3 years or fine ₹1 lakh or both
• Institutional staff — rigorous imprisonment up to 5 years + fine up to ₹5 lakh (Section 75 second proviso)
• Causing mental or physical illness, disability, or incapacity — rigorous imprisonment up to 10 years + fine up to ₹5 lakh (Section 75 third proviso)

4.4 First proviso — abandonment due to unforeseen circumstances

Where biological parents abandon a child due to circumstances beyond their control (mental illness, natural disaster, extreme poverty, sudden death of other parent), it is presumed that the abandonment is not wilful, and the penal provisions do not apply. This proviso protects parents forced into abandonment by tragic circumstances — while maintaining the presumption of non-wilfulness.

4.5 Second proviso — institutional staff enhanced penalty

If the offence is committed by a person employed by or managing an organisation entrusted with the care and protection of the child, rigorous imprisonment 5 years + fine up to ₹5 lakh. This targets CCI staff — house mothers, superintendents, counsellors, teachers — whose abuse of their trust is treated as aggravated.

4.6 Third proviso — aggravated outcome

If cruelty leads to the child being physically incapacitated, mentally ill, or disabled or rendered mentally unfit to perform regular tasks, or has risk to life or limb — rigorous imprisonment 3-10 years + fine up to ₹5 lakh. This provision codifies the gravest cruelty outcomes.

4.7 Key case law

Sanjay Suri v. Delhi Administration (W.P. (Crl.) 1225/2016, Delhi HC)

Delhi High Court upheld constitutionality of Section 75 and affirmed mandatory reporting requirements for institutions. Institutional staff who fail to report known cruelty are themselves culpable.

Sampurna Behura v. UOI (2018) 4 SCC 433

Supreme Court directions mandating background checks of CCI staff, police verification, and periodic training. These directions operationalise Section 75's institutional-staff enhancement by creating preventive machinery.

Exploitation in TN Orphanages (2017)

Supreme Court directed audit of CCIs for cruelty incidents. Where evidence exists, prosecution under Section 75 is mandatory. Several prosecutions followed across states.

5. Section 76 — Employment of Children for Begging

5.1 Statutory text

5.2 Enhanced penalty — Section 76 proviso

5.3 Key elements

1. 'Employs or uses' — intentional utilisation of a child
2. For 'begging' — as defined in the Bombay Prevention of Begging Act 1959 and analogous state laws
3. Or causes to beg — including coercion, inducement, threat
4. Enhanced liability if amputation or maiming involved — this addresses the darkest form of begging exploitation

5.4 Begging networks

Organised begging networks in India have historically exploited abducted or trafficked children. Children are often deliberately maimed — blinded, amputated, disfigured — to elicit sympathy from passers-by. The 7-10 year imprisonment and ₹5 lakh fine for maiming targets this practice. Section 76 operates alongside Section 81 (sale/procurement) and Section 84 (kidnapping) in anti-trafficking enforcement.

5.5 Relationship with Bombay Prevention of Begging Act 1959

Many states follow analogous begging prevention laws. Section 76 criminalises the exploiter; state begging-prevention laws criminalise begging itself (now challenged as unconstitutional under Article 21 in several judgments). The modern trend is to decriminalise begging by the beggar while criminalising those who exploit beggars — Section 76 aligns with this.

6. Section 77 — Intoxicating Liquor, Narcotic Drug or Psychotropic Substance to a Child

6.1 Statutory text

6.2 Key elements

1. Giving or causing to be given — direct supply or enabling supply
2. Substances covered — intoxicating liquor, narcotic drugs, psychotropic substances, tobacco products
3. Exception — order of a qualified medical practitioner (medical administration of controlled substances)
4. Actor — any person (parent, shopkeeper, friend, stranger)
5. Consent of child or parent is NOT a defence — the statute is child-protective

6.3 Rigorous imprisonment — the aggravating word

Note the word 'rigorous' — Section 77 mandates rigorous imprisonment (hard labour, reduced remission privileges) even for the base offence. This is different from Section 75's base offence which allows simple imprisonment. The legislature considered supply of intoxicants to children a categorically graver wrong.

6.4 Overlap with NDPS Act

The Narcotic Drugs and Psychotropic Substances Act 1985 (as amended) separately criminalises sale, distribution, and transportation of narcotic drugs. Where a child is involved, Section 77 applies additionally — so the same act may attract both NDPS and JJ Act charges. The punishments are cumulative, not alternative. For heinous NDPS offences involving children, the NDPS sentence is typically more severe, and Section 77 operates as a supplementary charge.

6.5 Section 78 — using child for drug/liquor trafficking

Section 78 is the companion provision — it criminalises using a child for vending, peddling, carrying, supplying, or smuggling intoxicants. Punishment is also up to 7 years + ₹1 lakh fine. Where a person both supplies intoxicants to children AND uses children as carriers, both Sections 77 and 78 apply.

7. Section 81 — Sale and Procurement of Children

7.1 Statutory text

7.2 Key elements

1. Sells or buys — both parties are liable
2. 'For any purpose' — sweeping language covering adoption-like arrangements, labour, begging, prostitution, marriage, organ trade
3. No need to show consideration of money — exchange of other benefits counts
4. Base punishment — rigorous imprisonment up to 5 years + ₹1 lakh fine

7.3 Aggravated form — proviso

When committed by:

• Person having actual charge of the child (parent, guardian, caregiver)
• Employees of a hospital, nursing home, or maternity home

The punishment is rigorous imprisonment minimum 3 years, maximum 7 years + ₹1 lakh fine. This provision targets baby trafficking — historically a problem in some hospitals where newborns were sold to infertile couples or trafficking networks.

7.4 Operational scenarios

• Private adoption without CARA route — triggers both Section 80 (prescribed procedure) and Section 81 (sale)
• Baby-selling by desperate biological parents — both parents and buyer liable
• Hospital baby-swap scams — hospital staff face aggravated penalty
• Organised baby-stealing rings — multiple defendants, each charged
• 'Surrogacy' arrangements structured as sale — aggravated proviso may apply

7.5 Case law

Bachpan Bachao Andolan v. UOI (2011) 5 SCC 1

Supreme Court directions on child trafficking, including Anti-Human Trafficking Units (AHTUs) in every state. Section 81 is the primary JJ Act prosecution vehicle in trafficking-for-sale cases.

Court on its Own Motion v. UOI (SC 2019)

Suo motu proceedings on missing children. Directions included fast-track disposal of Section 81 cases and mandatory coordination between police and CWC.

8. Section 82 — Corporal Punishment in CCIs

8.1 Statutory text

8.2 Key elements

1. Actor — person in-charge of or employed in a CCI
2. Act — corporal punishment
3. Purpose — with the aim of disciplining the child
4. Place — within the CCI
5. Covers all CCIs — observation homes, special homes, children's homes, open shelters, fit facilities, SAAs

8.3 Punishment hierarchy

• First offence — fine of ₹10,000
• Subsequent offences — imprisonment up to 3 months or fine or both (fine up to ₹1 lakh)

8.4 Dismissal — Section 82(2)

Where the person subjecting the child to corporal punishment is working in such an institution, and convicted, the management of the CCI shall terminate the services of such person. The dismissal is a statutory consequence, not a managerial discretion.

8.5 Definition of 'corporal punishment' — Section 2(23)

8.6 Scope of prohibition

Section 82, read with Section 2(23), covers:

• Caning, slapping, pinching, kicking, hitting
• Forcing uncomfortable postures (standing on one leg, kneeling)
• Deprivation of food, water, sleep as punishment
• Forced exposure to cold, heat, or uncomfortable conditions
• Any deliberate physical infliction for disciplinary purposes

8.7 Relationship with Section 17 Right to Education Act

The Right of Children to Free and Compulsory Education Act 2009, Section 17, also prohibits physical punishment and mental harassment in schools. The two statutes operate in parallel — a teacher in a CCI who uses corporal punishment may be liable under both Section 82 JJ Act and Section 17 RTE Act.

8.8 Cultural context and implementation gap

Despite the statutory prohibition, corporal punishment remains pervasive in Indian educational and institutional settings. Surveys by NCPCR and UNICEF have documented widespread use of physical discipline in schools, hostels, and CCIs. Implementation challenges include:

• Cultural acceptance of physical discipline
• Under-reporting by children
• Pressure on child witnesses from staff
• Weak complaint mechanisms in many CCIs
• Low conviction rates compared to documented incidence

9. Other Chapter IX Offences — Brief Overview

9.1 Section 79 — Exploitation of child employee

Whoever, having charge of or control over a child, employs the child in any capacity and withholds or unreasonably delays earnings or uses the earnings for his/her own benefit — up to 5 years + ₹1 lakh fine.

9.2 Section 80 — Adoption without prescribed procedure

Both the person giving the child AND the PAP are liable. Up to 3 years or ₹1 lakh fine or both. Same punishment applies to any intermediary. This criminalises private adoption bypassing CARA.

9.3 Section 83 — Use of child by militant groups or other adults

Rigorous imprisonment up to 7 years + fine up to ₹5 lakh. This addresses child soldiers, children used in armed conflict, and children forced into adult criminal activities. Aligns with UNCRC Optional Protocol on the involvement of children in armed conflict.

9.4 Section 84 — Kidnapping and abduction of a child

Punishment as prescribed under BNS 2023 (formerly IPC Sections 359-374). Section 84 does not create a new offence but reaffirms application of general kidnapping law to child victims.

9.5 Section 85 — Offences on disabled children

Where any of the Chapter IX offences is committed against a child with disability, the punishment is doubled. This provision recognises the heightened vulnerability of children with disabilities and is consistent with the Rights of Persons with Disabilities Act, 2016.

9.6 Section 87 — Abetment

Abetment of any Chapter IX offence is punishable with the same punishment as the substantive offence. This brings conspirators, accessories, and instigators within the penal net.

9.7 Section 88 — Alternative punishment

Where an act constitutes offences under both Chapter IX and any other law, the court may impose punishment under either. The higher punishment usually prevails. This prevents double jeopardy concerns.

9.8 Section 89 — Offence committed by child under this Chapter

A child who commits any offence under Chapter IX is dealt with under the JJ Act procedure — by the JJB, with inquiry under Section 14 and orders under Section 18. This preserves the juvenile protective framework even where the child is the accused.

10. Section 86 — Classification of Offences and Designated Court

10.1 Three-tier classification

Section 86 classifies Chapter IX offences into three tiers based on the punishment:

10.2 The 2021 Amendment controversy

The Juvenile Justice (Amendment) Act, 2021 amended Section 86(2) — making offences punishable with 3 to 7 years 'non-cognisable and non-bailable'. Pre-amendment, these offences were cognisable. The shift is significant — for cognisable offences, police can arrest without warrant; for non-cognisable offences, a warrant or CWC/JJB direction is needed.

10.3 Chapter IX offences that became non-cognisable

Offences moved from cognisable to non-cognisable by the 2021 Amendment include:

• Section 75 — Cruelty to children by CCI staff
• Section 76 — Employment of children for begging
• Section 77 — Giving intoxicating substances to child
• Section 78 — Using child for drug/liquor trafficking
• Section 79 — Exploitation of child employee
• Section 81 — Sale and procurement of children
• Section 83 — Use of child by militant groups or other adults

10.4 Why this matters — the critique

The Delhi Commission for Protection of Child Rights (DCPCR) and other child rights bodies have challenged this amendment before the Supreme Court. Critical concerns:

• Police cannot arrest without warrant — delays in urgent cases
• CWC/JJB permission required to initiate action
• Higher threshold for registration of FIR
• Undermines the protective intent of the JJ Act
• Inconsistent with the shift in Sections 75, 81 to aggravated penalties

10.5 Government defence

• Many cases involved technical or minor violations (like registration lapses) that did not warrant immediate arrest
• Non-cognisable status does not prevent prosecution — only requires procedural formality
• CWC/JJB oversight reduces frivolous arrests
• Amendment aligns with procedural modernisation

11. Landmark Cases on Chapter IX Offences

11.1 Bachpan Bachao Andolan v. Union of India (2011) 5 SCC 1

Landmark PIL on child trafficking. Directions included Anti-Human Trafficking Units in every state, rescue operation protocols, and rehabilitation frameworks. Section 81 (sale and procurement) and Section 84 (kidnapping) are the primary JJ Act prosecution vehicles in trafficking cases.

11.2 Exploitation of Children in Orphanages in the State of Tamil Nadu v. Union of India (2017)

Directions on CCI oversight. Several prosecutions under Sections 75 (cruelty), 80 (unregistered adoption), and 82 (corporal punishment) followed. The Court directed comprehensive audits of CCIs for compliance.

11.3 Sampurna Behura v. Union of India (2018) 4 SCC 433

Twenty-one directions on JJ Act implementation. Offences-relevant directions — background checks for CCI staff, mandatory reporting of cruelty, training on handling child witnesses, fast-track disposal of Chapter IX cases.

11.4 Court on its Own Motion v. Govt. of NCT of Delhi (Delhi HC 2012)

Directions on child interrogation — child cannot be asked to sign statements; no confession extracted by police. Indirect implications for Section 74 (identity disclosure) where child witness protection is engaged.

11.5 Gaurav Jain v. Union of India (1997) 8 SCC 114

Supreme Court directions on children of sex workers. Exploitation contexts attract Sections 75, 79, 81. Rehabilitation framework derives from this judgment.

11.6 People's Union for Democratic Rights v. Union of India (1982) — the Asian Games case

Although pre-JJ Act, this judgment on child labour established the constitutional backdrop for child employment offences, supporting the framework of Sections 76 and 79.

11.7 M.C. Mehta v. State of Tamil Nadu (1996) 6 SCC 756 — the Sivakasi case

On child labour in hazardous industries. Established rehabilitation fund and comprehensive inspection framework. Section 79 (exploitation of child employee) draws conceptual authority from this case.

12. Exam Strategy

12.1 Prelims approach

• Know all 16 sections of Chapter IX (74-89) with their punishments
• Key punishment figures — 74: 6 months/₹2 lakh; 75: 3 years/₹1 lakh (5/5 lakh institutional, 10/5 lakh disability); 76: 5 years/₹1 lakh (7-10/5 lakh maiming); 77: 7 years/₹1 lakh rigorous; 81: 5 years/₹1 lakh (3-7 years aggravated); 82: ₹10,000 first, 3 months+₹1 lakh subsequent
• Section 85 — double penalty for disabled children
• Section 86 classification — <3 years petty; 3-7 years serious (non-cognisable post-2021); >7 years heinous (cognisable)
• 2021 Amendment moved Sections 75, 76, 77, 78, 79, 81, 83 from cognisable to non-cognisable

12.2 Mains approach

• For 'Discuss offences against children under Chapter IX' — Architecture of Chapter IX; three-tier classification under Section 86; provisions 74-89 with punishments; constitutional and international context (Articles 15(3), 21, 23, 24, 39; UNCRC Articles 19, 32, 33, 37); relation to BNS, POCSO, NDPS, RTE; landmark cases.
• For 'Section 75 — Cruelty' — statutory text; four types of conduct (assault, abandonment, abuse, neglect); three-tier punishment (base, institutional, aggravated outcome); two provisos; Sanjay Suri (Delhi HC) and Sampurna Behura directions.
• For 'Section 81 — Sale and procurement' — statutory text; 'for any purpose' sweep; base and aggravated punishment; hospital/maternity home proviso; operational scenarios; Bachpan Bachao Andolan directions; link to Sections 80, 84.
• For 'Section 74 — Identity disclosure' — four categories protected (CCL, CNCP, victim, witness); prohibited particulars; ₹2 lakh fine; exception in Section 74(2); media and social media application; Pune Porsche case.
• For '2021 Amendment on classification' — Section 86(2) changed to make 3-7 year offences non-cognisable; affected sections; critique from DCPCR and child rights bodies; government defence; pending Supreme Court challenge.

12.3 Interview approach

• 'A news channel publishes the name of a 15-year-old accused of theft. What offence is committed and what is the penalty?'
• 'A superintendent of a Children's Home is found to have slapped children. What is the legal consequence?'
• 'A beggar has been found with a maimed 8-year-old. What sections apply?'
• 'A couple adopted a child from a friend without going through CARA. What offences are committed?'
• 'A hospital employee is caught selling a newborn. What is the punishment?'
• 'Why did the 2021 Amendment make Chapter IX 3-7 year offences non-cognisable? What are the implications?'

13. Conclusion

Chapter IX of the Juvenile Justice (Care and Protection of Children) Act, 2015 is the criminal spine of the Act — a carefully constructed catalogue of child-specific offences that complements the BNS 2023, POCSO, NDPS Act, and other penal regimes. The sixteen provisions of Chapter IX collectively address every major way an adult can wrong a child outside the sexual-offence category reserved for POCSO: disclosing identity, inflicting cruelty, employing for begging, supplying intoxicants, exploiting labour, circumventing adoption procedures, selling or procuring, using corporal punishment, recruiting for militant activity, kidnapping, and so on.

Three structural features deserve emphasis. First, the proviso architecture in Sections 75, 76, and 81 creates graduated liability — base offences attract lighter punishment, while aggravated forms (institutional misconduct, maiming, hospital-based procurement) attract significantly higher penalties. Second, Section 85's doubling of penalties for offences against disabled children adds a crucial dimension of vulnerability-based protection. Third, the 2021 Amendment's controversial shift of many Chapter IX offences from cognisable to non-cognisable has been criticised as weakening enforcement and is the subject of pending legal challenges.

For judiciary aspirants, mastering Chapter IX is essential. Every mains examination includes at least one question drawn from these provisions. The landmark cases — Bachpan Bachao Andolan, TN Orphanages, Sampurna Behura, Gaurav Jain — map the judicial architecture that gives Chapter IX its operational life. Paired with the adoption module (Topics 44-51), the CWC module (Topics 31-34), the Rehabilitation module (Topics 35-39), and the CCI module (Topics 40-43), this offences module completes the substantive heart of the JJ Act. What remains — appeals and revision (Topics 59-61) and landmark cases compilation (Topics 62-73) — applies this framework to the procedural and jurisprudential dimensions.

— End of Study Notes —

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