0ffences against child

under IPC

Submitted to- Submitted by-

Dr. Rekha Verma Tejinder Singh
LL.B 5th semester
Introduction

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. 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
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 life. 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.
Punishment- imprisonment for 10 years and fine.
Section 317

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 murder.
Punishment- imprisonment for 7 years, or fine, or
both.
Section 360 & 361

Section 360 states that kidnapping from India

is the defined as the conveyance of a person
beyond the borders of India without their
consent. 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 & 363
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.

Punishment for kidnapping- imprisonment for 7 years

and fine.
Kidnapping cont.
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 to force
her to marry or seduce or illicit sexual intercourse from her by the
kidnapper or another person. 366A specially outlines such a crime being
committed against a minor girl who has not attained eighteen years of
age. Section 367 states it is a crime to kidnap a person in order to cause
them grievous hurt, place them in slavery, or subject them to the
unnatural lust of a person. Section 369 is a specific crime of kidnapping a
child under 10 years of age in order to steal from them.
Sexual offences against children
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 372 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. It 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 twelve.