HIDAYATULLAH NATIONAL LAW UNIVERSITY

New Raipur, Chhattisgarh

A PROJECT WORK

On

Crime against Children

SUBMITTED TO

Miss. Mahima Tripathi (Faculty member of Criminal Procedure Code)

SUBMITTED BY

Shubhankar Thakur

ROLL NO. 149

SEMESTER VII-C

SUBMISSION DATE: 16-08-2016

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 TABLE OF CONTENTS

 Acknowledgements…………………………………………….….…..3
 Objectives of the project………………………………………….…….4
 Research methodology…………………………………………………4
 Introduction…………………………………………………………….5
 Conclusion…………………………………………………...………...14
 References……………………………………………………………..15

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 ACKNOWLEDGEMENTS

At the outset, I would like to express my heartfelt gratitude and thank my teacher, Miss.
Mahima Tripathi mam for giving me a project topic such as this and for having the faith in
me to deliver. Thank you Mam, for giving me an opportunity to grow.

My gratitude also goes out to the staff and administration of HNLU for the infrastructure in
the form of our library and IT Lab that was a source of great help for the completion of this
project.

Shubhankar Thakur

Sem. - VII

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OBJECTIVES
 To discuss firstly the crimes this is against children.
 To study briefly the legal provision against crime.
 To give the recent data about such crimes.
 To discuss also the constitutional provision and legislative measures against crimes
against criminals.

RESEARCH METHODOLOGY
1. This project has been pursued on the basis secondary sources of information. This
includes books, textbooks, and articles from newspapers and downloaded from
WebPages.
2. The project is based on analytical and descriptive study.

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 INTRODUCTION

There is no society without the problem of crime. In other words, crime is essentially
concerned with the social order. Children, who by definition require the guardianship and
care of adults, are among the most vulnerable and innocent victims of crimes. According to
many thinkers crime is defined as an antisocial, immoral or sinful behaviour. However, in
legal definition, crime is any form of conduct which is declared to be socially harmful in a
state and as such forbidden by the law under pain of some punishment. So, crime means an
action or omission which constitutes an offence and is punishable by law. Crime against
children is a very sensitive type of crime. It can be defined as the offences committed against
children or the crimes in which children are the victims.

There are many types of crime against children, some of the serious crimes are murder,
Foeticides, Infanticides, Rape, Kidnapping and Abduction and Selling minor girls for
prostitution which are mention in the Indian penal code and the various protective and
preventive special and local laws. Crimes against children include physical and emotional
abuse; neglect; and exploitation, such as through child pornography or sex trafficking of
minors. Child-related crimes often are perpetrated by parents, relatives, caretakers, and others
who are charged with their care and guidance. School officials, physicians, police officers,
and other such authority figures are required to report any signs of abuse or exploitation
against a child.

Age of child has been defined to be below 18 years as per The Juvenile Justice (Care and
Protection of Children) Act, 2000. Therefore an offence committed on a victim under the age
of 18 years is construed as crime against children.

There is no separate classification of offences against children. Generally, the offences

committed against children or the crimes in which children are the victims are considered as
Crime against Children.

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Child Abuse: Definition

Child abuse is broadly defined in many states as any type of cruelty inflicted upon a child, including
mental abuse, physical harm, neglect, and sexual abuse or exploitation. The specific crimes charged in
instances of child abuse can include assault and battery. A child who has been abused or neglected
may experience a range of problems, such as relationship difficulties, lack of trust of adults, emotional
outbursts (or retreat), low performance at school, depression, anxiety, and anger.

Child abuse is a crime that encompasses a variety of behaviours involving physical, emotional, or
sexual mistreatment or neglect upon a child. State child abuse laws define child abuse as any act (or
failure to act) that:

 Results in imminent risk or serious harm to a child's health and welfare due to physical,
emotional, or sexual abuse
 affects a child (typically under the age of 18)
 By a parent or caregiver who is responsible for the child's welfare.

In most states, the harm must have been inflicted by non-accidental means. This includes intentional
acts, actions that were careless (such as, allowing a known sexual offender or known abuser to be with
a child alone), and acts of negligence (such as, leaving a child under a certain age at home alone).
Also, the "harm" inflicted upon a child need not be actual, but may include "threats" or "risks of
imminent harm".

In addition to state child abuse laws, all states have child protective services (CPS) agencies that
investigate reports of abuse and neglect of children in a home. CPS also serves to place children who
have been abused or neglected in safer homes, either through adoption or foster care.

Child abandonment occurs when a parent, guardian, or person in charge of a child either deserts a
child without any regard for the child's physical health, safety or welfare and with the intention of
wholly abandoning the child, or in some instances, fails to provide necessary care for a child living
under their roof.

Child Abuse in India

Nineteen percent of the world's children live in India. According to the 2001 Census, some 440
million people in the country today are aged below eighteen years and constitute 42 percent of India's
total population i.e., four out of every ten persons. This is an enormous number of children that the
country has to take care of. While articulating its vision of progress, development and equity, India
has expressed its recognition of the fact that when its children are educated, healthy, happy and have
access to opportunities, they are the country's greatest human resource.

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Child Abandonment

While child abandonment typically involves physical abandonment - such as leaving a child at a
stranger's doorstep when no one is home -- it may also include extreme cases of emotional
abandonment such as when a "work-a-holic" parent offers little or no physical contact or emotional
support over long periods of time. Abandoned children (also called "foundlings") who do not get their
needs met often grow up with low self-esteem, emotional dependency, helplessness, and other issues1.

Depending on the state, a person charged with criminal child abandonment faces a wide range of
penalties and sentencing options, depending on whether the state makes it a felony or misdemeanor. A
court will take the factors listed above into consideration - but the penalties may include fines,
termination of parental rights, supervised access to the child, and jail time. In addition, a person may
face reckless abandonment charges of a greater penalty if a child dies as a result of the abandonment.

Neglect Is a Crime

The legal definition of child neglect is that you've failed to provide for or protect a child in
your custody or care. It covers a range of offenses. If you leave young children alone at
home, unsupervised, law enforcement might consider this child neglect. If you can't afford
three square meals a day and your child must frequently skip meals, this is neglect. Another
adult who witnesses the neglect but allows it to continue - such as a stepparent - can also be
charged with this crime.

Abuse Is Worse Than Neglect

Child abuse is worse than neglect because it means intentionally causing injury or pain to a
child. Abuse involves either mental or physical harm. Some states classify causing physical
harm to a child as "aggravated" child abuse, and this is usually a felony charge.

Girl Child Neglect

Girl child neglect is the failure to provide for the all round development of the girl child
including health, nutrition, education, shelter, protection and emotional development. This
also includes aspects of gender discrimination. The indicators for 'neglect' included lack of
attention to girls as compared to boys, less share of food in the family, sibling care by the girl
child and other forms of gender discrimination.

1
www.family-law.lawyers.com/child-abuse-and-neglect/crimes-against-children

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Kidnapping and Abduction

Kidnapping a child is a crime against the child's parents, not the child. "Kidnapping" usually
involves moving the child across state lines and demanding a ransom from the parents for the
child's return. This is known as "aggravated kidnapping" if the child is hurt, and can result in
life in prison. When a non-custodial parent takes a child from the custodial parent, this is not
kidnapping. This is "child stealing" or "child abduction" in most states. Depending on the
laws in your state, this may be either a misdemeanour or a felony2.

Provisions for crime against child

The cases in which the children are victimised and abused can be categorised under two
broad sections:

1) Crimes committed against Children which are punishable under Indian Penal Code (IPC).

2) Crimes committed against Children which are punishable under Special and Local Laws
(SLL).

IPC and other Local & Special Laws Pertains to Crimes Against Children. While the primary
focus of the JJA is to provide care and protection to children.

Sections 21, 23 to 26 specifically provide for action against adult perpetrators of crimes
against children. Section 21: Prohibition of publication of name, etc, of juvenile involved in
any proceeding under the act3. Section 23: Punishment for cruelty to juvenile or child.
Section 24: Employment of juvenile or child for begging. Section 25: Penalty for giving
intoxicating liquor or narcotic drug for psychotropic substance to juvenile or child. Section
26 : Exploitation of juvenile or child employee.

Apart from the various acts concerning children, The Indian Penal Code (IPC) also has a list
of offences against children. According to the sections 82 and 83 of the IPC a child who
commits a crime and is below the age of seven is not considered to have committed a crime.

2
www.family-law.lawyers.com/child-abuse-and-neglect/crimes-against-children.
3
www.childlineindia.org.in/india-penal-code-and-child-related-offenses.

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A child who is between the ages of seven and twelve and is deemed to have immature
understanding about the consequences of his/her actions is also considered incapable of
committing a crime.

 Section 315 and 316 discusses the offence of foeticide and infanticide. If a person
commits an act with the intention of preventing the child from being born alive or an
act that results in the death of the child after birth, that person is committing
foeticide/infanticide as long as they do not do it in the interest of the mother's health
or life4. If a person does an act that amounts to culpable death which results in the
quick death of an unborn child, he will be charged with culpable homicide. Section
305 states that it is a crime for any person to abet the suicide of a child, i.e. a person
who has not completed eighteen years of age.
 Section 317 states that is it a crime against children, if their mother or father expose
or leave a child in a place with the intention of abandonment. This does not prevent
the law from pursuing further if the abandonment results in the death of the child. The
parents would then be charged with culpable homicide or murder5.
 There are a number of sections in the IPC that discuss kidnapping and abduction.
 Section 361 states that if a male minor of not yet sixteen and female minor of not yet
eighteen is taken from their lawful guardians without their consent it is termed
kidnapping from lawful guardianship.
 Section 362 defines abduction as compelling, forcing or deceitfully inducing a person
from a place. Section 363-A states, it is a crime to kidnap or maim a minor for the
purpose or employment of begging. If a person if found employing a minor for
begging, and that person is not the legal guardian of the child, it is assumed that the
child has been kidnapped for the purpose of employment in begging.
 Section 364 states that any person who kidnaps another for the purpose for murdering
or disposing of in a way that will lead to murder is punishable by law.
 Section 364-A defines ransom kidnapping as any person who kidnaps another to
threatens to harm or kill that person in an attempt to get the government, or any other
foreign or state organisation to do or not do any act.
 Section 365 discusses kidnapping to secretly or wrongfully confine someone. Section
366 states it is a crime to force or compel or abuse a woman to leave a place in order

4
www.childrights.in/2013/05/laws-related-to-children-in-india-ipc
5
www.childlineindia.org.in/india-penal-code-and-child-related-offenses

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 to force her to marry or seduce or illicit sexual intercourse from her by the kidnapper
or another person.
 Section 366A specially outlines such a crime being committed against a minor girl
who has not attained eighteen years of age.
 Section 369 is a specific crime of kidnapping a child under 10 years of age in order to
steal from them.

Child sexual abuse (CSA) has been a hidden problem in India, largely ignored in public
discourse and by the criminal justice system. Till recent time, CSA was not acknowledged as
a criminal offence; rape was the main specific sexual offence against children recognised by
law in India. In the absence of specific legislation, a range of offensive behaviours such as
child sexual assault (not amounting to rape), harassment, and exploitation for pornography
were never legally sanctioned.

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Sexual Exploitation Is a Felony

Most states consider sexual exploitation of a child to be among the worst offenses. It is
almost always a felony. The charge covers a wide range of acts, from publishing or posting
sexual images of a child on the Internet to forcing a child to perform sexually or to witness a
sexual act. If the child is younger than a teenager, the penalties increase significantly. In
addition to long prison terms, a conviction for sexual exploitation of a child results in having
to register as a sex offender with the government.

 Sexual offences against children are also covered in the IPC. Section 372 discusses
the selling of a child (below the age of eighteen) for the purpose of prostitution or to
illicit intercourse with any person, or knowing that it is likely that the child is being
sold for such a purpose. Section 373 states it is a crime to buy a child for the purpose
of prostitution or to illicit sex from any person.

 Section 376 discusses the offence of rape. Under this section a man who rapes his
wife, who is not below twelve years old is given a lesser punishment 6. The section
also discusses special circumstances of rape such as rape committed by a civil servant
or police man, rape of a pregnant woman, gang rape or rape of a child below the age
of twelve7.

6
www.childlineindia.org.in/india-penal-code-and-child-related-offenses
7
www.childlineindia.org.in/india-penal-code-and-child-related-offenses

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 Report from Times of India

Rise in the disease burden in children as well as crime against them. There was a 24%
increase in crimes against children between 2010 and 2011, it has risen by 52.5% from 2012
to 2013. According to the report, major crimes against children include trafficking,
kidnapping, rape and infanticide, while the girl child is affected the most due to the
proliferation of sex work in cities.

In 2012, Bengaluru tops the list of 88 cities across the country with 551 cases of crime
against children, Mumbai stands second with 570 and Delhi comes third with 363 cases, the
report said citing NCRB data8.

 Crime against children increased by 3.8% nationally (14,975 cases in 2005 from 14,423
in 2004).
 Child rape increased by 13.7% (4,026 cases from 3,542 in 2004); Madhya Pradesh
reported the highest number (870) followed by Maharashtra (634).Together they
accounted for 37.3% of rape cases.
 Delhi tops a list of 35 Indian cities on crime against children (852 cases of violence
against children in 2005, 27% of all cases) followed by Indore (448), Pune (314) and
Mumbai (303).
 1,327 children were reported murdered in 2005 up from 1,304 in 2004 (an increase of
1.8%).Uttar Pradesh reported the highest number (390) accounting for 29.4% of cases.
 Nearly 45,000 children go missing every year; more than 11,000 are never traced.
 3,518 children were kidnapped in 2005 (301 from Delhi, 3,196 in 2004, 2,571 in 2003).

8
www.childrights.in/2013/05/laws-related-to-children-in-india-ipc_15.

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Provision under CrPC and Indian Constitution:

To ensure that the trail of the Juvenile delinquents is carried out in an amicable manner,
Section 27 of the CrPC asserts the jurisdiction in case of juveniles. It states that any offence
not punishable with death or imprisonment for life, committed by any person who at the date
when he appears or is brought before the court is under the age of sixteen years, may be tried
by the court of a Chief- Judicial Magistrate, or by any court specially empowered under the
Children Act, 1960 (60 of (1960), or any other law for the time being in force providing for
the treatment, training and rehabilitation of youthful offenders.

The Indian Constitution has also special provisions for the children of state. Article 21(a) of
the constitution states that all children between the ages of six to fourteen should be provided
with free and compulsory education9. Article 45 of the same bare act states that the state
should provide early childhood care and education to all children below the age of six.
Article 24, Prohibition of Employment of Children in hazardous Industries. The Child
Labour (Prohibition & Regulation) Act, 1986 was enacted by the government to curb the
child labour. The Child Labour (Prohibition and Regulation) Act, 1986 is one the most
debated acts regarding children in India. It outlines where and how children can work and
where they cannot10.

Section IV of the Act outlines various remaining aspects such as Penalties. The penalty of
allowing a child to work in occupations/ processes outlined in the schedule which are
prohibited is a minimum of 3 months prison time and/or a minimum of Rs. 10,000 in fines.
Second time offenders are subject to jail time of minimum six months11. Offenders can only
be tried in courts higher than a magistrate or metropolitan magistrate of the first class. Courts
also have the authority to appoint people to be inspectors under this act. Thus we see that the
Indian Legal System has indeed made separate provisions in the best interest of its young
citizens.

9
www.childrights.in/2013/05/laws-related-to-children-in-india-ipc_15.
10
www.childlineindia.org.in/child-labour-prohibition-and-regulation-act-1986
11
www.childlineindia.org.in/child-labour-prohibition-and-regulation-act-1986

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 CONCLUSION

The gravity of the situation demands that the issue of child abuse be placed on the national
agenda. The Ministry on its part has taken measures such as the enabling legislation to
establish the National and State Commissions for Protection of Rights of the Child, the
Integrated Child Protection Scheme, the draft Offences against Children Bill etc. These are a
few important steps to ensure protection of children of the country. But clearly, this will not
be enough, the government, civil society and communities need to complement each other
and work towards creating a protective environment for children. The momentum gained
needs to enhance further discussion on the issue amongst all stakeholders and be translated
into a movement to ensure protection of children of this country.

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