Crimes against Women and Children

Crimes Against Women and Children are serious violations that demand strong legal attention within the subject of Law. These offences not only threaten the safety and dignity of individuals but also challenge the fundamental principles of justice and equality in society.This chapter covers important topics such as:

• Domestic Violence, 
• Sexual Harassment at Workplace, 
• The Protection of Children from Sexual Offences Act, 2012, 
• Laws related to child labor.

The Protection of Women From Domestic Violence Act, 2005

Previous year Questions

Year	Question	Marks
2023	What are included under the term “Sexual abuse” in the Protection of Women from Domestic Violence Act, 2005 ?	2M
2018	Enumerate the persons who may present an application to the Magistrate seeking relief under the Protection of Women from Domestic Violence Act, 2005.	2M
2016	What do you mean by “Aggrieved person” under the Protection of Women from Domestic Violence Act, 2005 ?	2M
2016 Special	What is the definition of ‘child’ under the protection of women from Domestic Violence Act, 2005 ?	2M

Overview

Section 1 : Extent of the Law

• It extends to the whole of India (Earlier, this law did not apply to Jammu and Kashmir. However, in 2019, the words “except the State of Jammu and Kashmir” were removed, extending the law’s applicability to the region.)

Section 2 : Definitions (**Most imp**)

• Aggrieved person : Means any woman who is, or has been, in a domestic relationship with the respondent and who alleges to have been subjected to any act of domestic violence by the respondent
• Respondent : Means any ‘adult male’ person who is, or has been, in a domestic relationship with the aggrieved person and against whom the aggrieved person has sought any relief under this Act
  • Note → Supreme Court of India in 2016 struck down the phrase “adult male” from this Section 2(q).
• Child : Means any person below the age of eighteen years and includes any adopted, step or foster child
• Domestic relationship : Means a relationship between two persons who live or have, at any point of time, lived together in a shared household, when they are related by consanguinity, marriage, or through a relationship in the nature of marriage, adoption or are family members living together as a joint family
  • In simple words : A relationship between two people who live or have lived together in a shared household, connected by blood, marriage, a marriage-like relationship, adoption, or as members of a joint family.
• Shared household – refers to a home where the aggrieved person (victim) currently lives or has previously lived in a domestic relationship, either alone or with the respondent (accused). This includes any residence that is owned or rented, either jointly or individually, by the aggrieved person or the respondent, where either of them holds any right or interest.It also covers homes that belong to a joint family of which the respondent is a member, even if neither the aggrieved person nor the respondent has any specific ownership rights in that property.
  • In short – A shared household is a home where the aggrieved and the respondent have lived together or separately under certain legal rights or interests, including joint family homes, regardless of who technically owns the property.
• Dowry : “dowry” means any property or valuable security given or agreed to be given either directly or indirectly—
  1. by one party to a marriage to the other party to the marriage; or
  2. by the parents of either party or by any other person to a marriage, to either party or to any other person to the marriage;
     • Note → in relation to muslim personal laws (shariyat) “Mehar” is excluded.
• Magistrate : Means the Judicial Magistrate of the first class, or as the case may be, the Metropolitan Magistrate

DOMESTIC VIOLENCE

domestic violence In simple words

Domestic violence happens when the accused (respondent) does any of the following:

1. Harms the physical or mental health, safety, or well-being of the victim (aggrieved person). This includes all types of abuse—physical, sexual, verbal, emotional, or economic.
2. Harasses, injures or endangers  the aggrieved person(victim) to force her or someone related to her into giving dowry, property, or valuables.
3. Threatens the victim or her family in any of the ways mentioned above.
4. Physically or mentally hurts the victim in any other form.

Types of Abuse:

• Physical abuse: Causing bodily harm, pain, or threatening life or health. This includes assault or threats.
• Sexual abuse: Any sexual action that humiliates, degrades, or violates the victim’s dignity.
• Verbal and emotional abuse: Insults, name-calling, humiliation (especially about not having children or a male child), and threats to harm people close to the victim.
• Economic abuse: Denying the victim financial resources like money, property, or support, including basic needs like food, household necessities, or maintenance.

POWERS AND DUTIES OF PROTECTION OFFICERS, SERVICE PROVIDERS, ETC.

Section 4:  Information to Protection Officer and exclusion of liability of informant.—

1. Any person who has reason to believe that an act of domestic violence has been, or is being, or is likely to be committed, may give information about it to the concerned Protection Officer.
2. No liability, civil or criminal, shall be incurred by any person for giving in good faith of information for the purpose of sub-section (1).

Section 8 : Appointment of Protection Officers

• Appointment: By state Govt.
• Protection Officers should ideally be women.

Section 9 : Duties and Functions of Protection Officers.

• Assist the Magistrate in their duties under this Act.
• Report domestic incidents to the Magistrate in a prescribed format, and forward copies to the local police and service providers.
• File protection order applications with the Magistrate if requested by the aggrieved person.
• Arrange legal aid for the aggrieved person and provide necessary complaint forms.
• Maintain a list of service providers for legal aid, counselling, shelters, and medical help.
• Arrange safe shelter for the aggrieved person, if needed, and inform the police and Magistrate.
• Facilitate medical exams if the aggrieved person is injured, and send reports to the police and Magistrate.
• Ensure monetary relief orders are followed, as per the legal procedure.
• Follow additional duties as directed by the Magistrate or Government.

Section 10 : Service Providers

• Who can register as service provider – any voluntary association registered under the Societies Registration Act, 1860 or a company registered under the Companies Act, 1956 or any other law for the time being in force with the objective of protecting the rights and interests of women by any lawful means.
• Powers :
  • Document domestic violence reports if requested and send copies to the Magistrate and Protection Officer.
  • Arrange medical examinations for the victim and send reports to relevant authorities.
  • Provide shelter if needed and inform local police of the arrangement.

Section 11 : Duties of the Government

• Public Awareness: Promote the Act widely through TV, radio, and print media.
• Training: Provide regular training and sensitization for government and police officers, as well as judicial members, on domestic violence issues.
• Coordination: to address domestic violence and conduct periodic reviews.
• Service Protocols: Set and implement protocols for all ministries and courts involved in providing services under the Act.

PROCEDURE FOR OBTAINING ORDERS OF RELIEFS

Section 12 : Application to Magistrate

• Application for Relief: The aggrieved person, a Protection Officer, or anyone on their behalf can apply to the Magistrate for relief under the Act. 
• Types of Relief: The application can include requests for compensation or damages due to harm from domestic violence. 
• Form and Hearing Timeline:
  • The application should follow a prescribed format.
  • The first hearing is usually scheduled within 3 days of the application.
  • The Magistrate aims to resolve the application within 60 days from the first hearing date.

Remedies available under Act:

Section 17 : Right to reside in a shared household.—

1. Every woman in a domestic relationship shall have the right to reside in the shared household, whether or not she has any right, title or beneficial interest in the same.
2. The aggrieved person shall not be evicted or excluded from the shared household or any part of it by the respondent save in accordance with the procedure established by law.

Section 18 : Protection orders.

The Magistrate can issue a protection order to prevent further harm if domestic violence is confirmed or anticipated. This order can prevent the respondent from:

• Committing or assisting in any domestic violence.
• Visiting the aggrieved person’s workplace or, for a child, their school.
• Contacting the aggrieved person in any form.
• Dealing with any shared property, assets, or funds without court permission.
• Causing harm to those supporting the aggrieved person.
• Taking any other actions specified in the order.

Section 19 : Residence Orders 

If domestic violence is confirmed, the Magistrate can order the respondent to:

• Stop interfering with the aggrieved person’s residence or possession in the shared household.
• Move out of the shared household.
• Not enter areas in the household where the aggrieved person resides.
• Avoid selling or pledging the shared household.
• Provide the same standard of alternate housing or cover its rent if necessary.

Section 20 : Monetary reliefs

• Loss of earnings
• Medical expenses
• Loss from destruction, damage, or removal of property
• Maintenance for the aggrieved person and her children (including additional maintenance orders if applicable)

Section 21 : Custody orders

• the Magistrate may grant temporary custody of any child or children to the aggrieved person or the person making an application on her behalf and specify the arrangements for visit of such child or children by the respondent if it seems necessary

Section 22 : Compensation orders

• The magistrate may pass an order directing the respondent to pay compensation and damages for the injuries, including mental torture and emotional distress, caused by the acts of domestic violence committed by that respondent.

Section 29 : Appeal.

• There shall lie an appeal to the Court of Session within thirty days from the date on which the order made by the Magistrate is served on the aggrieved person or the respondent, as the case may be, whichever is later.

Penalties:

Section 31 : Penalty for breach of protection order by respondent.

• Imprisonment- up to 1 year or,
• Fine- 20,000 rupees or both.

Section 33 : Penalty for not discharging duty by Protection Officer

• Imprisonment- up to 1 year
• Fine – 20,000 rupees or both

Salient features of the Act:

• Ensures Right to Residence under sec 17.
• Ensures economic relief by recognising economic violence.
• Recognises verbal and emotional violence.
• Provides temporary custody of the child.
• Judgements within 60 days of filing of the case.
• Multiple Judgements in a single case.
• Cases can be filed under PWDV Act even if other cases are pending between parties.
• Both petitioner and respondent can prefer Appeal.

In News : 

• Hiralal P. Harsora v. Kusum Narottamdas Harsora (2016)
• The Supreme Court of India struck down the phrase “adult male” from Section 2(q), which had limited the definition of “respondent”, of the Act.
• This allowed women to file complaints of domestic violence against any family member, including female relatives, thereby making the Act more inclusive.

Sexual Harassment at Workplace

Previous year Questions

Year	Question	Marks
2021	Write down the meaning of ‘Sexual harassment’ mentioned under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.	2M

Overview

• Purpose: To protect women from sexual harassment in the workplace, ensure complaint redressal, and connect with related matters.
• Foundational Rights: Sexual harassment violates a woman’s:
  • Right to equality under Articles 14 and 15.
  • Right to life and dignity under Article 21.
  • Right to pursue any profession or occupation in a safe environment free from harassment, per Article 19.

International Basis: The Act aligns with universal human rights outlined in international conventions, including the Convention on the Elimination of All Forms of Discrimination Against Women, ratified by India.

Chapter I: Preliminary

Section 2: Definitions

• Aggrieved Woman:
  1. Any woman, regardless of age or employment status, who alleges sexual harassment in a workplace.
  2. Includes women employed in domestic settings, like a house or dwelling place.
• Domestic Worker:
  1. A woman employed for household work in any household for pay, either directly or through an agency, on any type of employment basis (temporary, permanent, part-time, or full-time).
  2. Excludes family members of the employer.
• Employee:
  1. Any person employed at a workplace for any type of work (regular, temporary, ad hoc, daily wage) directly or via an agent, including contractors, volunteers, co-workers, trainees, apprentices, and those on implied terms.
• Employer:
  • Head of the department, organisation, establishment, institution, office, branch, or unit responsible for workplace management, supervision, and control.
  • If not specified under government guidelines, any person managing and supervising workplace operations.
• Sexual Harassment: includes any one or more of the following unwelcome acts or behavior (whether directly or by implication) namely:—
  1. Physical contact and advances.
  2. Requests for sexual favours.
  3. Sexually coloured remarks.
  4. Display of pornography.
  5. Other unwelcome physical, verbal, or non-verbal conduct of a sexual nature.
• Workplace:
  1. Government and private sector locations including departments, organisations, hospitals, sports venues, offices, branches, and units, whether directly or indirectly funded by the government.
  2. Covers sports institutes, stadiums, and any place an employee visits for employment-related activities, including employer-provided transportation.
  3. Extends to private residences and dwellings.
• Unorganised Sector:
  • Enterprises owned by individuals or self-employed workers involved in the production or sale of goods or services, employing fewer than ten workers.

Section 3: Prevention of Sexual Harassment

1. Prohibition: No woman shall be subjected to sexual harassment at any workplace.
2. Circumstances, act or behavior constituting Sexual Harassment:
   • Implicit or explicit promises of preferential treatment in employment.
   • Implicit or explicit threats of adverse treatment in employment.
   • Implicit or explicit threats regarding her current or future employment status.
   • Interference with her work or creation of an intimidating, hostile, or offensive work environment.
   • Humiliating treatment likely to affect her health or safety.

CHAPTER II: Constitution of Internal Complaints Committee

Section 4 : Internal Complaints Committee (ICC) Formation

1. Employer’s Obligation: Every employer must establish an Internal Complaints Committee (ICC) by written order at each administrative unit or office.
2. Committee Members: The ICC will include members nominated by the employer:
   • Presiding Officer: A senior woman employee.
   • Two Members: Employees committed to women’s causes, with experience in social work or legal knowledge.
   • One NGO Member: A person from a non-governmental organization or association with expertise in sexual harassment issues.

• Women Representation: At least half of the ICC members must be women.
• Tenure: Members will serve up to three years, as specified by the employer.
• Remuneration to the NGO representative.
• Removal of Members: The Presiding Officer or any member may be removed if they:
  • Violate confidentiality under Section 16 (Prohibition of publication or making known contents of complaint and inquiry proceedings).
  • Are convicted of or under inquiry for an offence.
  • Are found guilty in disciplinary proceedings.
  • Abuse their position, harming public interest.

CHAPTER III: Constitution of Local Complaints Committee

Section 5: District Officer Notification

• The government will appoint a District Officer (such as the District Magistrate) in each district to oversee functions under this Act.

Section 6: Local Complaints Committee (LCC) Formation and Jurisdiction

1. Purpose: Each District Officer shall set up a Local Complaints Committee (LCC) for establishments with fewer than ten workers or if the complaint is against the employer.
2. Nodal Officers: District Officers will designate nodal officers in each block, taluka, tehsil, and municipality to receive complaints and forward them to the LCC within seven days.

Section 7 : LCC Composition and Terms

• Members: The LCC will include:
  • Chairperson: A prominent woman in social work with commitment to women’s issues.
  • Local Woman Member: A woman working in local government (block, taluka, tehsil, ward, or municipality).
  • Two NGO Members: At least one woman, with expertise in women’s issues or legal knowledge, and one member from a Scheduled Caste, Scheduled Tribe, Other Backward Class, or minority community.
  • Ex-Officio Member: A district social welfare or women and child development officer.
• Tenure: Chairperson and members serve up to three years, as defined by the District Officer.
• Removal: The Chairperson or any member may be removed if they:
  • Violate confidentiality under Section 16.
  • Are convicted of or are under inquiry for an offense.
  • Are found guilty in disciplinary proceedings.
  • Misuse their position, undermining public interest.

CHAPTER IV: Complaints Process

Section 9 : Filing a Complaint

• Time Limit: An aggrieved woman may file a written complaint with the Internal or Local Committee within three months of the incident.
• Assistance: If she is unable to write, the Committee must assist her.
• Extension: The Committee may extend the filing period by three months if circumstances prevented timely submission.
• Third-Party Filing: If the woman cannot file due to incapacity or death, her legal heir or another person as prescribed may file on her behalf.

Section 10 : Conciliation

• Option: The Committee may attempt to settle the matter through conciliation at the woman’s request, but no monetary settlement shall be allowed.

Closure: If a settlement is reached, no further inquiry is conducted.

Section 11 : Inquiry into Complaint

• Procedure: The Committee will conduct an inquiry as per applicable service rules, or forward the complaint to the police if it involves a domestic worker and a prima facie case exists.
• Rights of Parties: Both parties have the right to be heard.
• Powers of Inquiry: The Committee has civil court powers to summon, require document production, and examine witnesses.
• Timeframe: Inquiry must be completed within 90 days.

CHAPTER V: Actions During Inquiry and Post-Inquiry

Section 12 : Interim Measures During Inquiry

• Recommendations: During the inquiry, the Committee may recommend to the employer:
  • Transfer of the woman or respondent.
  • Leave up to three months for the woman (additional to entitled leave).
  • Other prescribed reliefs.

Section 13 : Inquiry Report

• Submission: Upon inquiry completion, the Committee provides a report to the employer or District Officer within 10 days and shares it with the involved parties.
• Findings:
  • No Proof: If no proof of harassment, recommend no further action.
  • Proof of Harassment: If proven, the Committee may recommend:
    • Disciplinary action as per service rules.
    • Salary deduction to compensate the aggrieved woman or her legal heirs.
• Implementation: Employer/District Officer must act on recommendations within 60 days.

Section 14 : False or Malicious Complaints

Consequences: If the complaint is found malicious or false, the Committee may recommend action against the complainant or any witness who provided false evidence, following service rules.

Section 15 : Determining Compensation

• Factors Considered:
  • Emotional trauma, pain, suffering, and distress.
  • Career impact due to harassment.
  • Medical expenses for treatment.
  • Respondent’s income and financial status.
  • Feasibility of lump-sum or installment payments.

Section 16 & 17 : Confidentiality and Penalties

• Restriction: Disclosure of complaint details and inquiry proceedings is prohibited.
• Penalties: Violating confidentiality will result in penalties.

Section 18 : Appeal Process

• Right to Appeal: Any person aggrieved by the recommendations or their non-implementation may appeal in the relevant court or tribunal as per applicable service rules or as prescribed.
• Deadline: Appeals must be filed within 90 days of recommendations.

CHAPTER VI: Duties of the Employer

Section 19 : Employer Responsibilities

• Safe Environment: Ensure a safe workplace, including protection from individuals at the workplace.
• Awareness and Display: Prominently display penal consequences for sexual harassment and information about the Internal Committee.
• Training and Awareness: Conduct regular workshops for employee awareness and orientation for Committee members as prescribed.
• Committee Support: Provide necessary resources for the Internal or Local Committee to address complaints and conduct inquiries.
• Attendance and Information: Facilitate attendance of the respondent and witnesses, and provide required information to the Committee.
• Legal Assistance: Assist the woman if she chooses to file a complaint under relevant laws.
• Initiate Action: Take action under the Indian Penal Code or other applicable laws against perpetrators, including non-employees if requested by the woman.
• Misconduct Accountability: Classify sexual harassment as misconduct under service rules and initiate action.
• Monitoring: Oversee the timely report submissions by the Internal Committee.

CHAPTER VII: Duties and Powers of the District Officer

Section 20 : District Officer Responsibilities

• Report Oversight: Ensure timely submission of Local Committee reports.
• Awareness Programs: Engage NGOs to raise awareness on sexual harassment and women’s rights.

CHAPTER VIII: Miscellaneous Provisions

Section 21 : Annual Reporting

• Committee Reports: The Internal and Local Committees must submit an annual report to the employer and District Officer.
• District Reporting: The District Officer forwards a summary to the State Government.

Section 23 : Monitoring and Data Maintenance

• The appropriate Government must monitor implementation and maintain data related to the Act.

Section 24 : Publicizing the Act

• The appropriate Government is responsible for public awareness initiatives about the Act.

Section 25 : Government Powers for Information and Inspection

• Information Requests: The Government can demand written information from employers or District Officers about sexual harassment cases.
• Workplace Inspections: An authorized officer may inspect workplace records related to sexual harassment and must report findings to the Government within a specified period.

Section 26 : Penalties for Non-Compliance

• Failure to Comply: Employers may face a fine of up to ₹50,000 for failing to constitute an Internal Committee, not taking prescribed actions, or violating the Act.
• Repeat Offenses: Subsequent convictions for the same offense result in doubled penalties, potential cancellation of licenses, registration, or business approvals.

Section 27 : Court Cognizance of Offenses

• Filing Complaints: Courts can only hear complaints filed by the aggrieved woman or authorized Committee representatives.
• Jurisdiction: Only a Metropolitan Magistrate or Judicial Magistrate of the first class can try offenses under this Act.
• All offenses under this Act are non-cognizable.

The Protection of Children from Sexual Offences Act, 2012

Previous year Questions

Year	Question	Marks
2021	Explain the term ‘Sexual assault’ as mentioned in the Protection of Children from Sexual Offences Act 2012.	5M
2018	State the main object of enacting protection of children from Sexual Offences Act, 2012.	2M

Overview

Section 1 : Extent- It extends to the whole of India

Section 2 : Definitions

• Child: any person below the age of eighteen years;
• Domestic relationship : Means a relationship between two persons who live or have, at any point of time, lived together in a shared household, when they are related by consanguinity, marriage, or through a relationship in the nature of marriage, adoption or are family members living together as a joint family

Section 3 : Penetrative sexual assault (PSA)

A person is said to commit PSA if

• He penetrates his penis into (vagina, mouth, urethra or anus) of a child  or makes the child to do with him or anyone. 
• He inserts , any object or a part of the body ( not being the penis) into  (vagina, mouth, urethra or anus) of a child  or makes the child to do with him or anyone.
• He manipulates any part of the body of the child to cause penetration into (vagina, urethra or anus) or makes the child to do with him or anyone.
• He applies his mouth to (penis, vagina, anus, urethra ) of a child  or makes the child to do with him or anyone.

Section 4 : Punishment for penetrative sexual assault.

• General Punishment: Minimum 10 years’ imprisonment extendable to life imprisonment, along with a fine.
• Punishment for Assault on Children Below 16 Years: Minimum 20 years’ imprisonment, extendable to life imprisonment for the remainder of the offender’s natural life, along with a fine.

Section 5 : Aggravated penetrative sexual assault

This occurs when the following individuals commit penetrative sexual assault on a child:

• Police Officer: Within the police station or other premises, during duty or by virtue of being identified as a police officer.
• Member of Security Forces: In the area of deployment, under their command, during duty, or by virtue of being identified as security personnel.
• Public Servant: In their capacity as a public servant.
• Management or Staff Member: In a jail, remand home, protection home, hospital (government or private), educational, or religious institution.
• Gang Assault: When one or more persons from a group commit the assault together.
• Use of Deadly Weapons: Using deadly weapons, fire, heated, or corrosive substances during the assault.
• Causing Serious Injury: Inflicting serious physical or sexual harm.
• Physical or Mental Disability: Rendering the child physically or mentally incapacitated or causing mental illness, either temporarily or permanently.
• Pregnancy: Causing pregnancy in a female child.
• HIV or Life-threatening Disease: Infecting the child with HIV or other life-threatening diseases.
• Death: Causing the death of the child.

Section 6 : Punishment for aggravated penetrative sexual assault.

• rigorous imprisonment for 20 years, but which may extend to imprisonment for life.
• and shall also be liable to fine, or with death.

Section 7 : Sexual assault

A person is said to commit sexual assault if he does following act with sexual intent.

• touches the vagina, penis, anus or breast of the child 
• makes the child touch the vagina, penis, anus or breast of such person or any other person
• act with sexual intent which involves physical contact without penetration

Section 8 : Punishment for sexual assault

• Imprisonment : 3 years which may be extended to 5 years, 
• and shall also be liable to fine

Section 9 : Aggravated sexual assault

This occurs when the following individuals commit penetrative sexual assault on a child:

• Police Officer: Within the police station or other premises, during duty or by virtue of being identified as a police officer.
• Member of Security Forces: In the area of deployment, under their command, during duty, or by virtue of being identified as security personnel.
• Public Servant: In their capacity as a public servant.
• Management or Staff Member: In a jail, remand home, protection home, hospital (government or private), educational, or religious institution.
• Gang Assault: When one or more persons from a group commit the assault together.
• Use of Deadly Weapons: Using deadly weapons, fire, heated, or corrosive substances during the assault.
• Causing Serious Injury: Inflicting serious physical or sexual harm.
• Physical or Mental Disability: Rendering the child physically or mentally incapacitated or causing mental illness, either temporarily or permanently.
• Pregnancy: Causing pregnancy in a female child.
• HIV or Life-threatening Disease: Infecting the child with HIV or other life-threatening diseases.
• Death: Causing the death of the child.

Section 10 : Punishment for aggravated sexual assault

• Imprisonment : 5 years which may be extended upto 7 years
• And shall also be liable to fine 

Section 11 : Sexual harassment

A person is said to commit sexual harassment upon a child when such person with sexual intent

• utters any word or sound, makes a gesture, or displays any object or body part with the intention that the child will hear or see it; or
• makes a child exhibit his body/any part of his body so as it is seen by such person or any other person; or
• shows any object to a child in any form or media for pornographic purposes;
• repeatedly or constantly follows, watches or contacts a child either directly or through electronic, digital or any other means; or
• threatens to use any form of media—real or fabricated—such as electronic, film, digital, or any other method, to depict any part of the child’s body or to suggest the child’s involvement in a sexual act; or
• entices a child for pornographic purposes or gives gratification
• Explanation.—Any question which involves “sexual intent” shall be a question of fact.

Section 12 :Punishment for sexual harassment

• Imprisonment :  3 years
• and shall also be liable to fine.

Section 14 : Punishment for using child for pornographic purposes

• First conviction : imprisonment for 5 years and shall also be liable to fine 
• Subsequent conviction : imprisonment for 7 years and also be liable to fine.

Section 15 : Punishment for storage of pornographic material involving a child.

• A person who stores or possesses child pornography and fails to delete, destroy, or report it to the designated authority, intending to share it, shall be fined a minimum of 5 thousand rupees. For a second offence, the fine shall be not less than 10 thousand rupees.
• A person who stores or possesses child pornography for transmission, propagation, display, or distribution, except for reporting or court evidence, shall face imprisonment for up to three years, or a fine, or both.
• For possessing child pornography for commercial purposes:
  • First conviction: Imprisonment of 3 to 5 years, or a fine, or both.
  • Subsequent convictions: Imprisonment of 5 to 7 years and a fine.

Section 22 : Punishment for false complaints or false information

• False complaint Against a person, with the intention of insulting, defaming, threatening, or harming their reputation: Imprisonment for 6 months, or a fine, or both.
• No penalty for a child making false complaints.
• For making false complaints against a child when the accuser is not a child: Imprisonment for 1 year, or a fine, or both.

Section 24 : Recording of statement of a child

• Recorded at the residence of the child
• By a woman police officer not below the rank of sub-inspector
• While recording the statement, police officer shall not be in uniform.
• The police officer shall ensure that child shouldn’t  come in the contact in any way with the accused.
• No child shall be detained in the police station in the night for any reason.
• The police officer shall ensure that the identity of the child is protected from the public media

Section 28 : Designation of Special Courts

For the purposes of providing a speedy trial, the State Government shall in consultation with the Chief Justice of the High Court, designate for each district, a Court of Session to be a Special Court to try the offences under the Act:

Section 32: Special Public Prosecutors

• Appointment: By the State Government 
• Eligibility: Only advocates with at least seven years of practice

Section 33: Procedure and powers of Special Court

• Cognizance of Offence: Can directly take cognizance based on a complaint or police report.
• Questioning: Lawyers provide questions to the court, which then asks the child.
• Breaks: Allows breaks for the child as needed.
• Friendly Environment: Permits a trusted person to accompany the child.
• No Repeated Testimonies: The child won’t be called repeatedly to testify.
• Respect and Protection: No aggressive questioning or character attacks allowed.
• Identity Confidentiality: Ensures the child’s identity remains confidential.

Section 35 : Period for recording of evidence of child and disposal of case.

• shall be recorded within a period of 30 days of the Special Court taking cognizance of the offence
• The Special Court shall complete the trial, as far as possible, within a period of 1 year from the date of taking cognizance of the offence.

The Child Labour (Prohibition and Regulation) Act, 1986

Objectives: 

• Prohibit child labour in certain occupations
• Regulate working conditions
• Ensure child rights

Factories Act of 1948: The act prohibits the employment of children below 14 years in any factory.

Mines Act of 1952: This act prohibits the employment of children below 18 years in any mine.

Section 2 : Definitions

• Child – Means a person who has not completed his fourteenth year of age; 
• Adolescent – Means a person who has completed his fourteenth year of age but has not completed his eighteenth year;
• Establishment – Includes a shop, commercial establishment, workshop, farm, residential hotel, restaurant, eating house, theatre or other place of public amusement or entertainment; 
• Occupier – In relation to an establishment or a workshop, means the person who has the ultimate control over the affairs of the establishment or workshop; 
• Family – In relation to an occupier, means the individual, the wife/husband of such individual, and their children, brother or sister of such individual;
• Week – Means a period of seven days beginning at midnight on Saturday night or such other night as may be approved in writing for a particular area by the Inspector; 
• Workshop – Means any premises wherein any industrial process is carried on, but does not include any premises to which the provisions of section 67 of the Factories Act, 1948(means it excludes factories defined under factories act)

Section 3 :Prohibition of employment of children in certain occupations and processes for eg.

• Work in mines, in firecrackers and fireworks having temporary licence, Beedi manufacturing processes, Employment of children in dhabas, leather manufacturing processes etc.
  • Exceptions :
    • Family Help: A child can help in family business (not hazardous) after school or during holidays.
    • Entertainment Work: For e.g., ads, TV shows, films with specific safety measures, except for circus acts. This work should not interfere with their schooling.

Section 5 : Technical Advisory Committee

• Objectives: Advise the Central Government for the purpose of addition of occupations and processes to the Schedule
• Formation: By the Central Government
• Composition: A Chairman and up to 10 members

Section 7 : Hours and period of work

• Maximum Working Hours : Adolescents cannot work more hours than those prescribed for the type of establishment they work in.
• Daily Work Period : Adolescents cannot work for more than 3 continuous hours without a one-hour rest break.
• Total Work Spread : The entire work period, including breaks, cannot exceed 6 hours in a day.
• Restricted Working Hours : Adolescents cannot work between 7 p.m. and 8 a.m.
• No Overtime : Adolescents are not allowed to work overtime.
• Single Employment Rule : Adolescents cannot work in more than one establishment in a single day.

Section 8 : Weekly holidays

• Weekly Holiday: One full day off per week.

Section 9 : Notice to Inspector

• This section requires employers to inform local authorities if they have adolescents working in their establishment. 
• For Existing Employees: If adolescents were already working in the establishment when this law started, the employer has 30 days to inform the local Inspector. The information should include:
  • The name and location of the workplace,
  • The name of the manager,
  • The address for official communications, and
  • The type of work done there.
• For New Employees: If the employer hires a new adolescent after the law started, they also have 30 days to inform the Inspector with the same details.

Section 11 : Maintenance of register

• This section requires employers to keep a register with details about each adolescent working in their establishment which will be available for inspection by an Inspector during working hours. It must include:
  • Name and Date of Birth
  • Working Hours and Rest Breaks
  • Type of Work
  • Other Required Details

Section 13 : Health and safety

• This section empowers the government to set health and safety rules for adolescents working in establishments
• Ensuring cleanliness, proper waste disposal, ventilation, temperature control, dust management, and appropriate humidity levels-(Basic Conditions)
• Adequate lighting, safe drinking water, toilets, urinals, and spittoons -(Facilities)
• Fencing machinery, precautions around moving machinery, restrictions on using dangerous machines, and power cutoff devices-(Machine Safety)
• Safe floors, stairs, pits, and secure machinery and buildings-(Building Safety)
• Managing excessive weights, eye protection, handling explosive or flammable materials, fire safety, and maintenance-(Additional Safety)

Section 14 : Penalties.

• On Employing child:
  • Penalty: Anyone who employs a child illegally faces 6 months to 2 years in jail, a fine of ₹20,000 to ₹50,000, or both.
  • Parents/Guardians: They won’t be punished unless they permit the child to work commercially, breaking the law.
• Employing Adolescents in contravention of the law:
  • Penalty: Those who hire adolescents against the law face similar penalties (6 months to 2 years in jail, or a fine of ₹20,000 to ₹50,000, or both).
  • Parents/Guardians: Not punished unless they knowingly allow illegal work.
• First Offense Exemption: Parents or guardians are exempt from punishment for the first offense under these laws.
• Repeated Offenses:
  • For Employers: Repeat offenders face 1 to 3 years in jail.
  • For Parents/Guardians: Repeat offenses by parents or guardians may lead to a fine of up to ₹10,000.
• Other Violations: For non-compliance with other rules in the Act, offenders may get up to 1 month in jail, a fine of up to ₹10,000, or both.

Section 14B : Child and Adolescent Labour Rehabilitation Fund.

• Fund Creation – Fines collected from employers who illegally hire children or adolescents
• Government Contribution : adds ₹15,000 to the fund
• Usage of Fund : will be given to the child or adolescent

Constitutional Provisions Prohibiting the Employment of Children

• Article 21A
• Article 24: Prohibition of employment of children in factories etc. 
• Article 39(e)- The state shall direct its policy towards securing the health and strength of workers
• Article 39(f)- Children are given opportunities and facilities to develop in a healthy manner
• Article 45: Early childhood care and education

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