This project gives a description on the offences done with children under IPC.
This project gives the details about the crimes like sexual acts, kidnapping,
homicides, foeticides. It tells about the different sections that are made for
the criminals who perform the crime against children. These criminals simply use
the children for their own use and make their own profit out of their innocence.
Some cases have also been described in this project where the criminals have
been punished for their acts.
The most unguarded and decent victim of crimes are children and crimes are
committed against them in the society. The most important legislations approved
for protection of children’s rights and secure their safety are the POSCO Act
and Juvenile Justice Act. The Indian Penal Code, 1860 gives a description about
the various misdeeds which are performed against children and punish their task
under the various sections of the IPC. Homicide, foeticides, kidnapping, sexual
acts are some of the offences that come under the IPC, 1860.
Section 302- Murder
Murder has been defined in Section 302, it’s a sort of wrongdoing of the
culpable homicide. Basically, the functions that are exception under Section
302, come under culpable homicide not amounting to murder. Offence of murder, if
is committed by anyone, then that person is blameworthy under Section 302, which
includes death, or imprisonment for all times. The execution is announced in
very rare cases where the collective ethics or values of the whole group
anticipates that the holders of judicial powers is centred to impose such
penalization regardless of the opinions of the accused, even if the victim is an
Section 305- Abetment of Suicide
Influence of suicide done by the people to the children for the commitment of
suicide: Section 305 of IPC states that if any individual who encourages
children to perform suicide, and if the suicide is committed by the individual
who is under eighteen-year age will get punishment of death or life
imprisonment, or imprisonment up to 10 years. This facility is predicted on the
principle of public policy to stop other peoples’ participation, prompting and
assisting within end of a youngster’s life.
Kidnapping and Abduction
Kidnapping of any type reduces freedom of any private, by that disturb the
protection of life and proper liberty which is justified under Article 21 of the
Indian Constitution. Section 359 of IPC acknowledges two types of Kidnapping
- Kidnapping from India; and
- Kidnapping from lawful guardianship.
A person who commits kidnapping shall get punishment under Section 363 of IPC
with detention of 7 years.
Section 360- Kidnapping for exporting
Section 360 states that whenever a person is sent beyond or outside of India
without his/ her permission by an another person, he/she commits the crime of
abducting the person from India. This clearly shows that the wrongdoing is
finished at that time when the individual was sent outside localized area of
India, but this needs effort to perform under the principle of locus
Section 361- Kidnapping from lawful guardianship
Section 361 involves alluring or letting go of children under the age of 18
years from the guardianship which are legal without their permission. The work
of this section provides protection and safety to the minors so that they don’t
get depraved, injured or used by others.
Section 364A- Kidnapping for Ransom
Section 364A states that if anyone gets kidnapped or captured and is being
retarded by someone and is being logically nervous for death or hurt for some
forced ransom, will be punished with death or life imprisonment. Section 364A
was added in the IPC with the help of legal code Act, 1993 for providing
punishments to such an offense.
Section 363A- Kidnapping for begging
Section 363A was brought in the year 1959 for the expansion of systemised
begging, where unethical people abducted children and taught them lesson on the
aim that how to beg. The rule was also introduced if any child under lawful
guardianship uses the child for begging, then unless it is proven, the children
will be assumed to be kidnapped. This section includes serious punishments for
10 years and if the child is injured during these offences, the culprit will be
punished of imprisonment for the injury at all times.
Section 366- Kidnapping to compel from marriage
Section 366 states that if any woman gets kidnapped for forcing her to marry
someone with whom she doesn’t want to marry or she would be forced to come into
sexual intercourse will be put in the jail for up to 10 years.
If such crime is
committed by hiring the means of abuse of authority, an equivalent penalizing
shall apply. The Supreme Court of Bombay, in the case of Emperor v. Ayubkhan Mir
, has given the rule that a minor’s assent will not be entertained in this
section to marry the accused, it is an offence in every circumstances.
Apex Court declared in the judgement of Thakorlal D Vadgama v. State of Gujarat,
if the accused laid a base by attraction and if this attraction promotes a minor
to get away from the guardian, then it will become tough for the accused to
request innocence on the bottom and the minor himself came to him with his own
Section 367- Kidnapping for slavery etc.
Section 367 penalizes the people who capture children to make him/her perform
slavery/ unnatural lust with anyone or imprisonment till 10 years.
Section 369- Kidnapping for stealing from its person
Under 10 years aged only: Section 369 states that the punishment will be given
to those who capture children till the age of 10 years so as to stealing from
the property of such person of the child ad it makes wrongdoer responsible of up
to 7 years.
Section 366A- Procuration of minor girls
An individual under Section 366-A is for incentive to force or seduce, it is
important to determine the minor girl who is below the age of 18 years has been
persuaded to travel from one place to another without the intention of the
child. The accused is punishable with imprisonment of up to 10 years.
Section 372- Selling of minors for prostitution
Section 372 states that there is a punishment to trade an individual who is
below the age of 18 years of either sex for making them a sex worker. This
wrongdoing gets complete once a minor is rented without their knowledge and this
offence if performed by someone will be punished with the imprisonment of up to
Section 373- Buying of minors for prostitution
Section 373 is for those people or crimes who hire people under the age of 18
years for further use as a sex worker or for other unlawful uses. More to this,
this offence committed against the female known to be a specified maliciousness
Section 375(6) of the IPC states that the work related to sexual activities in
any of the formation which is given in the clause (a), (b), (c), and (d), with a
girl who is below the age of 18 years results in rape, regardless of the girl’s
consent for this type of acts. It is declared that the minor girl’s consent is
irrelevant and unimportant on this ground that she is incapable of thinking and
to give her consent. The Legislature assumes that these girls are tempted into
these type of activities without knowing the outcomes. In this section under the
Exception 2, protects women under age of 15 years from any sexual acts.
The wrongdoing of rape which is committed against the girls is punished under
the IPC as follows:
||Rape of woman under 16 years of age
||Rigorous imprisonment of not less than 20
years/life & fine
||Rape of woman under 12 years of age
||Rigorous imprisonment of not less than 20
years/life & fine, or death
||Gang rape of woman under 16 years of age
||Imprisonment for life & fine
||Gang rape of woman under 12 years of age
||Imprisonment for life & fine, or death
Offences against new born and unborn children
The wrongdoings which are done against the new born and unborn child given under
the IPC, 1860 includes from Sections 312-318, i.e., causing of injuries,
miscarriages to the unborn babies, concealment of births, desertion of infants
and secretly disposing of the dead bodies.
Sections 312, 313 & 314 affect the wrongdoing of causing thwarting and its
annoying forms, differentiating the accountability into 2 categories with regard
to women’s assent and reference of her being with child or quick with child.
Voluntarily Causing Miscarriage
The rules given under the given Sections can be implied to such cases where
miscarriage is caused by their own choice. Section 39 of the IPC defines
‘voluntarily’ as to cause intentionally. Mens rea is an important element of
Woman with child and Woman quick with child
The factum of pregnancy may be a prerequisite to the offence. The sections
provide distinct liabilities for offences against a lady who is understood to be
‘with child’ or ‘quick with child’. within the case of Queen-Empress v. Ademma, it
had been held that “the moment a lady conceives and therefore the gestation
period/ pregnancy begins, the lady is claimed to be ‘with child’”; while in
another case of Re: Malayara Seethu, a ‘woman quick with child’ was mentioned as
a more advanced stage of pregnancy wherein ‘quickening’ is seemed to be the
mother’s stimulus to the movement of her foetus. However, an offence against a
lady ‘quick with child’ is an aggravated sort of that against a lady ‘with
child’, and hence, the punishment prescribed for the latter is imprisonment for
up to 3 years/ fine/ both, and for the previous is up to 7 years with fine.
The term ‘miscarriage’ has not been defined under the IPC and its usage is
synonymous to ‘abortion’. within the legal context, miscarriage is that
the premature expulsion of the merchandise of conception at any time before the
complete term is reached; while medically, three distinct terms of abortion,
miscarriage, and premature labor are wont to indicate the expulsion of the
foetus at different stages of gestation. ‘Miscarriage’ is especially used if
such expulsion occurs from the fourth to the seventh month, before it’s
Consent of Woman
Sections 312 & 313 affect the aspect of the woman’s consent against whom such
offence is committed. Section 312 envisages things where the lady consents to
the causing of a miscarriage of her foetus and is held equally susceptible
to the committing of such offence with imprisonment of up to 7 years and fine.
Section 313, on the opposite hand, manifests a way graver sort of such offence,
i.e. committed without that woman’s consent and hence is susceptible
to imprisonment for all times, or up to 10 years & fine.
Miscarriage resulting in the death of woman
According to Section 314 of the IPC, an act through with the intention of
causing miscarriage, when leads to the death of such woman, it's an offence
liable with imprisonment of up to 10 years and fine. Provided, if the lady was
one to be ‘quick with child’, or if such offence was committed without the
woman’s consent, then it's considered a more serious offence and hence could
also be punishable with imprisonment for all times. it's to be stated here that
intention to cause/ knowledge of the act likely to cause death isn't an
important element for it to constitute an offence under this Section, but an
immediate nexus between the act done and therefore the death of the lady has got
to be established before the Court.
Exceptions to the offence of causing miscarriage/ abortion are twofold:
- Good faith:
Section 312 of the IPC exempts such persons who cause
miscarriage in straightness (as defined under Section 52) to save lots of the
In the case of Dr. Jacob George V. State of Kerala, a surgery for abortion was
performed by a quack on a lady together with her consent, which resulted in her
death thanks to the perforation of her uterus. The Supreme Court affirmed his
conviction while laying down the principle that an individual might be held
liable under this section if the
abortion isn't administered in straightness for the aim of saving the woman’s
In another case of State of Maharashtra v. Flora Santuno Kutino, one among the
respondents, who had illicit relations with a lady & pregnated her, was
instrumental in causing miscarriage, and hence, was convicted by the supreme
court since such miscarriage was caused, not in straightness, but to wipe off
his illicit relationship.
- Medical Termination of Pregnancy Act, 1971:
It had been enacted to legalise the termination of certain pregnancies by registered medical
practitioners so as to supply for safe abortions. The Act, prevailing over the
aforementioned provisions of IPC, allows a lady to legally abort her pregnancy
if its continuance would be injurious to her life (physically/mentally); if the
foetus is detected with abnormalities; or if such pregnancy may be a results
of rape or failure of contraceptives.
Injury to an unborn child
Sections 315 & 316 envisage the provisions concerning injury caused to an unborn
child. They cover the situations where an act is completed with the intention of
preventing such child to change state alive; or causing the death of a
toddler who’s quick unborn by an act amounting to culpable homicide.
Essential Ingredients of Section 316Act to be born before the birth of the child
An essential element under these two provisions is that the culpable act/actus
reus should be done before the kid is born resulting into the prevention of such
child being born alive or cause it to die after its birth. It merely covers
injury caused to an unborn child, since whence such act is committed after the
birth of the kid, it’d be addressed other provisions of the IPC.
Section 315 declares that the ‘intention to stop a toddler from being born
alive/to cause it to die after its birth’ is important to the offence
committed thereunder, except when wiped out straightness for the aim of saving
the mother’s life. An offender under this Section shall be liable with
imprisonment which can reach 10 years/fine/both.
Causing death of quick unborn child by acting amounting to culpable homicide
Section 316 may be a graver variant of Section 315, wherein the act is
completed with the intention/ malice aforethought to commit an offence amounting
to culpable homicide (presumably of the mother), which act though doesn't cause
the death of the mother, but causes the death of a fast unborn child, and is
punishable with imprisonment of up to 10 years and fine. Further, if
the wrongdoing leads to the death of the mother, then it shall amount to
Abandonment and exposure of an infant
Section 317 of the IPC deals with the offence of exposing a toddler under twelve
years aged with an intention of wholly abandoning it, done by a parent or a
person having care of it. An offender under this Section shall be liable with
imprisonment of up to 7 years/fine/both.
It has been understood now that the offences mentioned above concerning about
the infants or the new born and the unborn, are highlighted by the pressure
which the society gives us and the judgments which have values on the unwedded
mothers. The male members of the society are equally responsible, the social
shame and the avoidance is placed on the lady only, which successively leads to
the child’s abortion.
Moreover, things like desertion of child is usually seen
in the cases of female child only. This behaviour and mind set which is spread
in the society has to change and there are many reforms that are being
performed. The IPC in accordance to the legal code has recognised annoying types
of offences which are performed against the children. Minors are still prone and
are exploited in the working of crimes. Therefore, strict enforced mechanisms
are to be used to counter the issue so as to make sure that the protection of
infants and new born and to ensure the safety of them.
Award Winning Article Is Written By: Mr.Astitva Vatsa
Authentication No: MA34085868489-19-0521