NATIONAL LEGISLATIONS with reference to Child Welfare (India)

· Immoral Trafficking (Prevention) Act 1956

· Articles 14, 19, 21, 21A, 23 and 24 of the Indian Constitution

Ø Article 14- Right to Equality: The State shall not deny to any person equality
before the law or the equal protection of the laws within the territory of India.

Ø Article19 – Right to Freedom: All citizens shall have the right

(a) to freedom of speech and expression;
(b) to assemble peaceably and without arms;
(c) to form associations or unions;
(d) to move freely throughout the territory of India;
(e) to reside and settle in any part of the territory of India

Ø Article 21- Right to Life and Personal Liberty: No person shall be deprived
of his life or personal liberty

Ø Article 21A- Right to Education: The State shall provide free and
compulsory education to all children of the age of six to fourteen years in such
manner as the state may, by law, determine

Ø Article 23- Right against Exploitation: Traffic in human beings and begar
and other similar forms of forced labour are prohibited and any contravention
an offence punishable in accordance with law.

Ø Article 24- Prohibition of Employment of Children in factories, etc. - No

child below the age of fourteen years shall be employed to work in any factory
or mine or engaged in any other hazardous employment.

· IPC 340,342, 343, 344, 346, 361, 362, 366, 366A, 36B, 367, 368, 270, 371, 372, 373,
374, 376, 377 and 506.

Ø Indian Penal Code

Cognizable/
Section Section Provision Non-Cognizable Explanation

To limit a person
from movement by
Wrongful restricting him at
340 confinement one place

Imprisonment for a
Punishment term of up to 1 year,
for wrongful a fine of Rs. 1000 or Bailable,
342 confinement both Cognizable

Wrongful
confinement Imprisonment for a
for 3 or more term of up to 2 Bailable,
343 days years, a fine or both Cognizable

Wrongful Imprisonment for a Bailable,

344 confinement term of up to 3 Cognizable
 for 10 or years, and a fine
more days

Imprisonment for a
term of up to 2
years and any
punishment he is Confine a person in
Wrongful liable to for such a way that anyone
confinement wrongful Bailable, interested can not
346 in secret confinement Cognizable discover

Taking or enticing of
Kidnapping a minor (male under children are made
from lawful 16 years or female false promises as
361 guardianship under 18 years) allurement

Compel by force or
by deceitful means,
to take a person to living and working
another place is conditions are never
362 Abduction abduction as promised

Kidnapping,
abducting or
inducing Imprisonment for a Kidnap or abduct a
woman to term of up to 10 woman to marry or
compel her years and shall also Non Bailable, to force or seduce to
366 marriage, etc be liable to a fine Cognizable illicit intercourse

Imprisonment for a Procure a girl of

term of up to 10 under 18 years to
Procuration of years and shall also Non Bailable, force or seduce to
366A minor girl be liable to a fine Cognizable illicit intercourse

Import a girl into

India from other
Importation Imprisonment for a country to force or
of girl from term of up to 10 seduce to illicit
foreign years and shall also Non Bailable, intercourse with
366B country be liable to a fine Cognizable another person

In trafficking, all
Kidnap or abducts in movement is either
Kidnapping or order to cause through force or
abducting in grievous hurt or deceit. The victim
order to slavery or unnatural almost never gets
subject lust of a person; minimum wage, thus
person to Imprisoned for a maybe termed
grievous hurt, term of up to 10 Non-bailable, forced labour (PUDR
367 slavery, etc years and fine cognizable case)

Wrongfully
concealing or
keeping in Concealing the
confinement, information about a
kidnapped or Same punishment kidnapped or
abducted as for kidnapping or Non-bailable, abducted person is
368 person abduction cognizable punishable

To import, export,
remove, buy, sell or
dispose of any
person as a slave, or
Buying or Imprisonment for a accept, receive or
disposing of term of up to 7 detain against his
any person as years and shall also Bailable, will any person as a
370 a slave be liable to a fine Non-Cognizable slave

Habitual Imprisonment for a Habitually import,

dealing in term of up to 10 Non Bailable, export, remove, buy,
371 slaves years and shall also Cognizable sell, traffic or deal in
 be liable to a fine slaves

sells, lets to hire a

Selling minor person under 18
for purposes Imprisonment for a years for prostitution
of term of up to 10 or illicit intercourse
prostitution, years and shall also Non Bailable, for unlawful or
372 etc be liable to a fine Cognizable immoral purpose

buys, hires or
obtains possession
Buying minor of a person under 18
for purposes Imprisonment for a years for prostitution
of term of up to 10 or illicit intercourse
prostitution, years and shall also Non Bailable, for unlawful or
373 etc be liable to a fine Cognizable immoral purpose

Rape of a woman
not his wife-
imprisonment for
Min-7 years, Max-
life term; or up to
10 years and a fine;

Rape of wife or a girl

under 12 years-
Punishment imprisonment for 2
376 for rape years or fine or both

Imprisonment for Voluntarily have

life term; or for a carnal intercourse
term of 10 years against the order of
Unnatural and shall also be Non Bailable, nature with a man,
377 offences liable to a fine Cognizable woman or animal

Unlawfully compel a
person to labour
against the will of
the person;
Unlawful imprisonment of a
compulsory max of 1 year or Bailable,
374 labour fine or both Cognizable

Criminal intimidation
is to threatens
a person with injury
to his person,
reputation or
property or to the
person or property
of whom the person
Punishment A term which may is interested, with
for criminal extend to 2 years, Non-cognizable, the intent to cause
506 intimidation or fine or with both bailable alarm

· Bonded Labour (Abolition) Act 1976

· Child Labour (Prohibition and Regulation) Act 1986
· Juvenile Justice Act 2000
· PCSOB 2011