Act Relating to Children, 2018

Chapter-8

Offences Against Children

66. Offence Against Children: (1) If anyone commits any act amounting to violence as per sub-section (2) or sexual abuse as per sub-section (3), it shall be considered an offence against children under this Act.

(2) If anyone commits any of the following acts against a child, it shall be considered violence against a child:

(a) Involving in addictions such as smoking, alcohol consumption, gambling, or playing cards,
(b) Causing entry or use of entertainment venues opened for adults, such as dance bars, casinos,
(c) Showing films, other audio-visual materials designated for adults,
(d) Inflicting physical or mental punishment or behaving indecently at home, school, or any place,
(e) Causing physical injury or harm, terrorizing or threatening, insulting, neglecting, discriminating, boycotting, or hating, isolating, or inflicting mental pain,
(f) Harassing or tormenting using electronic or other means,
(g) Organizing for political purposes or using in strikes, bandhs, blockades, sit-ins, or rallies,
(h) Unlawful imprisonment, custody, incarceration, or detention, applying fetters or handcuffs,
(i) Treating cruelly, inhumanely, or torturing,
(j) Causing to beg or to assume the guise of a hermit, monk, fakir, or any other, except for eternal traditions, customs, or any religious or cultural act,
(k) Forcibly declaring an orphan or registering as an orphan,
(l) Offering or dedicating to anyone's name due to vows, religious, or any other intention, or committing any kind of violence, discrimination, contempt, or boycott in the name of tradition, culture, rites, or making a subject of ridicule,
(m) Putting in magic or circus,
(n) Teaching, training, or involving in criminal acts,
(o) Arranging a child's marriage or marrying or causing to marry a child,
(p) Removing a child's organ contrary to prevailing law,
(q) Using a child for drug testing or any other testing,
(r) Placing in a Child Home except according to law.

(3) If anyone commits any of the following acts against a child, it shall be considered child sexual abuse:

(a) Showing or causing to show obscene pictures, audio-visuals, or other similar materials, or displaying expressions or gestures reflecting obscene and sexual conduct or behavior, or displaying or causing to display child pornography,
(b) Distributing, storing, or using real or simulated obscene pictures or audio-visual materials of a child,
(c) Proposing, persuading, pressuring, or threatening for sexual activities,
(d) Using in the production of obscene acts and materials,
(e) Touching, kissing, holding, hugging sensitive body parts with sexual intent, or causing or making oneself or another touch or hold sensitive body parts, or rendering unconscious with sexual intent, or displaying or causing to display sexual organs,
(f) Using or causing to use a child to generate lust or sexual arousal,
(g) Using or causing to use a child to obtain sexual satisfaction,
(h) Committing or causing to commit child sexual exploitation,
(i) Using or causing to use a child for the purpose of providing sexual services,
(j) Using or causing to use a child for the purpose of sexual abuse,
(k) Using in prostitution or other sexual acts.

(4) Notwithstanding anything contained in sub-section (3), expressing anything through writing, speech, gesture, or display about words, pictures, audio, visual means, objects, or materials related to sexual matters in a manner that does not reveal obscenity for the purpose of providing information and education, or acts done in good faith in the course of providing healthcare or protecting a child from accident or risk for the child's welfare, shall not be considered as having committed sexual abuse.