0ffences against child

under IPC

Submitted to- Submitted by-

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