Laws Related to Children in India (IPC and CrPC)
The development index of a country depends on the quality of the Human Resource. Children are thefuture of this country and thus, there arises a greater responsibility on part of the state to ensure aproper development of children of this country. According to United Nations Convention on Rights of theChild (UNCRC), “a child means every human being below the age of 18 years unless, under the law
applicable to the child, majority is attained earlier.”This gives the various countries freedom to fix the age
limit in determining that who is a child. In India after passing The Juvenile Justice (Care and Protection ofChildren) Act 2000, any person below the age of 18 is considered as a child as the mental state of adults
and children are different; therefore there is a need to treat them separately under the different purviewof law. And so there are different provisions in our legal system to ensure that children do not suffer any
ailment due to prevalence of similar legal system. According to the section 82 of Indian Penal Code (IPC),
nothing is an offence which is done by a child under seven years of age. Also according to the section 83of Indian Penal Code (IPC), nothing is an offence which is done by a child above seven years of age andunder twelve, who has not attained sufficient maturity of understanding to judge of the nature andconsequences of his conduct on that occasion. To ensure that people come forward to help children indanger, section 89 of IPC asserts that nothing which is done in good faith for the benefit of a person
under twelve years of age, or of unsound mind, by or by consent, either express or implied, of theguardian or other person having lawful charge of that person, is an offense by reason of any harm which
it may cause, or be intended by the doer to cause or be known by the doer to be likely to cause to that
person. To ensure that children are not left at the peril of their parents i.e. they are not abandoned
section 317 of IPC, whoever being the father or mother of a child under the age of twelve years, having
the care of such child, shall expose or leave such child in any place with the intention of wholly
abandoning such child, shall be punished with imprisonment of either description for a term which may
extend to seven years; or with fine, or with both. According to section 361of IPC, whoever takes orentices any minor under sixteen years of age if a male, or under eighteen years of age if a female, or any
person of unsound mind, out of the keeping of the lawful guardian of such minor or person of unsound
mind, without the consent of such guardian, is said to kidnap such minor or person from lawful
guardianship. Section 363 of IPC provides the punishment of this offense i.e. whoever kidnaps any
person from India or from lawful guardianship, shall be punished with imprisonment of either
description for a term which may extend to seven years, and shall also be liable to fine. This ensures thesafety of the children. Section 369 whoever kidnaps or abducts any child under the age of ten years with
the intention of taking dishonestly any movable property from the person of such child, shall bepunished with imprisonment of either description for a term which may extend to seven years, and shallalso be liable to fine. To ensure that children are not kidnapped for the purpose for begging section 363Aof IPC asserts that kidnapping or maiming a minor for purposes of begging is a criminal offense under IPCi.e.(1) Whoever kidnaps any minor or, not being the lawful guardian of a minor, obtains the custody ofthe minor, in order that such minor may be employed or used for the purpose of begging shall bepunishable with imprisonment of either description for a term which may extend to ten years, and shallalso be liable to fine. (2) Whoever maims any minor in order that such minor may be employed or used
for the purposes of begging shall be punishable with imprisonment for life, and shall also be liable tofine. (3) Where any person, not being the lawful guardian of a minor, employs or uses such minor for thepurposes of begging, it shall be presumed, unless the contrary is proved, that he kidnapped or otherwise
obtained the custody of that minor in order that the minor might be employed or used for the purposesof begging. To protect the girl child from sexual offenses section 366 A. of IPC asserts that whoever, by
any means whatsoever, induces any minor girl under the age of eighteen years to go from any place or to
do any act with intent that such girl may be, or knowing that it is likely that she will be, forced or
seduced to illicit intercourse with another person shall be punishable with imprisonment which may
extend to ten years, and shall also be liable to fine. Section 372 of IPC asserts that whoever sells, lets tohire, or otherwise disposes of any [person under the age of eighteen years with intent that such person
shall at any age be employed or used for the purpose of prostitution or illicit intercourse with any person
or for any unlawful and immoral purpose, or knowing it to be likely that such person will at any age be]
employed or used for any such purpose, shall be punished with imprisonment of either description for aterm which may extend to ten years, and shall be liable to fine. Section 373 of the above legislation
states that whoever buys, hires or otherwise obtains possession of any person under the age of eighteen
years with intent that such person shall at any age be employed or used for the purpose of prostitution
or illicit intercourse with any person or for any unlawful and immoral purpose, of knowing it to be likelythat such person will at any age be] employed or used for any purpose, shall be punished withimprisonment of either description for a term which may extend to ten years, and shall also be liable tofine. To ensure that trial of the juvenile delinquents is carried out in an amicable manner, Section 27 ofThe Code of Criminal Procedure (CrPC) asserts the jurisdiction in case of juveniles. It states that anyoffense not punishable with death or imprisonment for life, committed by any person who at the datewhen he appears or is brought before the court is under the age of sixteen years, may be tried by thecourt 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 andrehabilitation of youthful offenders. The Indian Constitution also has special provisions for the childrenof 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 education. Article 45 of the same bare act states that thestate should provide early childhood care and education to all children below the age of six. Thus we seethat the Indian Legal System has indeed made separate provisions in the best interest of its young
citizens.