Act Relating to Children, 2018

Chapter-9

Punishment, Compensation, and Authority to Hear Cases

72. Punishment: (1) If any person, institution, or body violates the rights of a child mentioned in Chapter 2 or fails to fulfill the duties towards a child mentioned in Chapter 3, such person or the head of such institution or body shall be liable to a fine of up to fifty thousand rupees.

(2) If a guardian or any family member fails to fulfill their duty, or if a mother, father, or guardian changes the name or surname of a child with the intention of hiding the child's identity for undue benefit, or misuses the child's property, such mother, father, family member, or guardian shall be liable to a fine of up to one hundred thousand rupees.

(3) If anyone commits an offence against children, the punishment shall be as follows according to the gravity of the offence:

(a) For committing any act pursuant to clauses (a), (b), (c), (d), (e), (f), or (r) of sub-section (2) of section 66 or sub-section (1) or (2) of section 78, a fine of up to fifty thousand rupees and imprisonment of up to one year,
(b) For committing any act pursuant to clauses (g), (h), (i), (k), (l), (o), or (q) of sub-section (2) of section 66 or clauses (a), (b), (c), (e), (f), or (h) of sub-section (3), a fine of up to seventy-five thousand rupees and imprisonment of up to three years,
(c) For committing any act pursuant to clause (d) of sub-section (3) of section 66, a fine of up to eighty thousand rupees and imprisonment of up to four years,
(d) For committing any act pursuant to clause (j) or (m) of sub-section (2) of section 66, a fine of up to one hundred thousand rupees and imprisonment of up to five years,
(e) For committing any act pursuant to clause (n) of sub-section (2) of section 66, half the punishment that would be given to the offender for the criminal act taught or trained,
(f) For committing any act pursuant to clause (p) of sub-section (2) of section 66, a fine of up to five hundred thousand rupees and imprisonment of up to ten years,
(g) For committing any act pursuant to clause (g) or (j) of sub-section (3) of section 66, the punishment prescribed for the offence of rape under prevailing law,
(h) For committing any act pursuant to clause (i) or (k) of sub-section (3) of section 66, a fine of up to one hundred fifty thousand rupees and imprisonment of up to fifteen years.

(4) A person who abets, attempts, or is an abettor in committing the acts mentioned in sub-sections (1), (2), and (3), shall be liable to half the fine and imprisonment prescribed for the principal offender.

(5) If anyone does any other act contrary to this Act or the rules made under this Act, except as provided in this section, such person shall, according to the gravity of the offence, be liable to a fine of up to fifty thousand rupees or imprisonment of up to one year or both.

(6) If a person who has received punishment once under this Act commits such act again, such person shall be liable to an additional punishment of twenty-five percent of the punishment prescribed under this section.

(7) Notwithstanding anything contained elsewhere in this section, if an act under sub-section (3) is also considered an offence under other prevailing law, the provisions of this section shall not create any hindrance to initiating a separate case and punishing according to that law, and if a person is liable to a greater punishment under prevailing law for an act contrary to this Act than specified in this section, punishment shall be accordingly.

(8) If anyone establishes or operates a Child Home, Child Correction Home, Observation Room, Rehabilitation Centre, or Temporary Protection Service Centre without obtaining approval under this Act, the Ministry may close down such Child Home, Child Correction Home, Observation Room, Rehabilitation Centre, or Temporary Protection Service Centre and impose a fine of up to one hundred thousand rupees on the involved person and institution, and may take further other actions according to prevailing law.