7-year jail for selling, buying children under Juvenile Justice Act

The Centre has recently enacted the Juvenile Justice (Care and Protection of Children) Act, 2015 that envisages a prison term of seven years for selling or buying children for any purpose. There was no effective provision for such a punishment for it under the Indian Penal Code (IPC) .

Prosecuting officers and the police should be conversant with the content of the new legislation to help curb the menace of sale of children, said Deputy Director of Prosecutions B. Ramakoteswara Rao.

Addressing a meeting of Public Prosecutors, Assistant Public Prosecutors and investigating officers (police) here on Saturday, Mr. Ramakoteswara Rao said a concerted effort was needed to prevent the sale of children, and those buying the hapless children should not be allowed to go unpunished as it had become a serious socio-economic problem of late. Even parents would not be spared from punishment for selling their children.

However, those resorting to the illegal act of selling or buying children could be punished only when the police do their job and prosecuting officers properly interpret the cases properly. Another important legislation that the prosecutors ought to be acquainted with is the amended Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. Several changes have been made when compared to its previous version.

Resource person P. Madhusudhana Rao (Grade-II additional public prosecutor, Machilipatnam) said a doubt that the prosecutors frequently get was whether separate prosecutions could be launched against an accused who was released on bail or bond or proclaimed as an offender, for failure to appear before the court without sufficient reason and violating the conditions of bail / bond.

It was matter of jurisprudence that could be comprehended from past precedents and what the higher courts have said in matters thereof. The Criminal Rules of Practice, 1990, Section 229 of Code of Criminal Procedure and other procedures have to be referred to and duly interpreted in the court of law, he observed.

Other issues that came up for discussion were the procedure to be followed when courts take cognizance of any offence without jurisdiction and number of charge-sheets that can be filed in a single crime.

The new legislation was brought in to fill the loopholes in the Indian Penal Code

- B. Ramakoteswara Rao,Deputy Director of Prosecutions

The new legislation was brought in to fill the loopholes in the Indian Penal Code, says Deputy Director of Prosecutions

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Printable version | Jan 19, 2021 9:47:49 PM |

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