Indore Institute Of Law

(Affiliated to DAVV and BCI)

B.A.L.LB. IV-Sem

Crash Course-2018

Offence against child

Synopsis

Q.1. Definition and concepts of term child and Juvenile and causes of offence against Child.

Ans. 1. Introductions

2. Definition of Child

In terms of law

In terms of Juvenile Justice Act

3. In different Acts( Labour Law, I.P.C., Factory Act, Bidi & Cigarette Act ,Contract
Act, Indian Majority Act)

4. Difference between Child and Juvenile

5. Types of Offences against child

6. Causes of Offence against child

7. Statistics related offence against child

8. Important Cases

9. Conclusions

10. Suggestions

Q.2 Describe the International convention for protection of Child.

Ans. 1. Introduction

2. Definition of Child

3. The Convention on the Rights of the Child, ratified in 1989(Art.1-54)

4. The Declaration of the Rights of the Child(Geneva Declaration) 1924

5.Declaration of the Rights of the Child 1959 (Principles1-9)

6. Important Cases

7. Conclusion

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 8. Suggestions

Q.3 What is Child Abuse in India?

Ans. 1. Introduction

2. Definition

The World Health Organization (WHO)

3. Types of Abuse
 Physical Abuse;
 Sexual Abuse;
 Emotional and psychological abuse;
 Neglect
4. Effects of Abuse

 Emotional
 Physical
 Psychological
5. Preventions of child from Abuse

 The right to Nationality and Name

 Right to Nutrition
 Right to health and care
 Right to education
 Right to Protection
 Right to recreation
 Right to Expression
6. Steps taken to protect the Child abuse.

7. Relevant Cases

8. Conclusion

9. Suggestions

Q.4 What do you understand by Child labour and forced labour

Ans. 1. Introduction

2. Definition of child labour

3. Definition of Forced Labour

4. Causes of child labour

5. Standards adopted by the International Labour Organization (ILO).

6. Effective abolition of child labour

 Minimum Age of work
 Hazardous work
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  Light work

7. Exceptions of child labour

8. Measures taken toabolition of child labour

9. Consequences of child labour

10. The Juvenile Justice (Care and Protection) of Children Act of 2015

11. The Right of Children to Free and Compulsory Education Act of 2009

12. Statistics

13. Important Cases

14. Prohibition of child labour in differentActs

 In Indian Constitution
 In Labour Law
15. Non-governmental organisations

16. Conclusion

17. Suggestions

Q.5 What do you understand by Abetment of suicide of child.

Ans. 1. Introduction

2. Concept of abetment S.305

3. Key ingredients of abetments of suicide

4. Causes of suicide in children and adolescents

 Personal
 Family
 Other factors
5. Preventing child suicide

6. Characteristics of children committing suicide

7. Responsibility

 Teachers And
 Parents
 Physician
8. Statistics

9. Conclusion

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 10. Suggestion

Q.6 Sale of obscene objects to young is an punishable offence Describe.

Ans. 1. Introduction

2. Concept of obscene objects

3. Ingredients of Obscene objects

4. Section relevant to obscene objects in I.P.C. 1960

• 292, IPC: Sale etc., of obscene books etc.
• Sectuon292A.IPC Printing, etc., of grossly indecent or scurrilous matter or
matter intended for blackmail
• Section 293 IPC: Sale etc., of obscene objects to young person
• Section 294 IPC: Obscene acts and songs

5. Exceptional Cases of sale of Obscene objects

6. Punishment for sale of Obscene objects

7. Important Cases

8. Conclusion

9. Suggestions

Q. 7 Explain Kidnapping and Abduction of a child.

Ans. 1. Introduction

2. Concept of Kidnapping

3. Concept of Abduction

4 Ingredient of Abduction

5. Ingredient of Kidnapping

5. Kidnapping from India-S.360 I.P.C .-1960

6. Kidnapping from Lawful guardian S.361 I.P.C.-1960

7. Abduction S.362 I.P.C.-1960

8. Section 363 I.P.C. Punishment for kidnapping

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 9. Section 363-A I.P.C. Kidnapping or maiming a minor for purposes of begging

10. Section 364 in The Indian Penal Code – Kidnapping or abducting in order to murder

11. Section 364-A I.P.C. – Kidnapping for ransom, etc

12. Section 365 in The Indian Penal Code – Kidnapping or abducting with intent secretly and
wrongfully to confine person

13. Section 366 in The Indian Penal Code – Kidnapping, abducting or inducing woman to
compel her marriage, etc

14. Section 366-A in The Indian Penal Code – Procuration of minor girl.

15. Section 366-B in The Indian Penal Code – Importation of girl from foreign country

16. Section 367 in The Indian Penal Code – Kidnapping or abducting in order to subject
person to grievous hurt, slavery, etc.

17. Section 368 in The Indian Penal Code – Wrongfully concealing or keeping in
confinement, kidnapped or abducted person

18. Difference between Abduction and Kidnapping

19. Important Cases

20. Conclusion

Q. 8. Child marriage is a social evil explain .

Ans. 1. Introduction

2. Major Reasons for prevalence of Child Marriage in India

 Economic
 Educational
 Cultural
 Patriarchal
 Illiteracy
3. Child Marriage Restrain Act or Sarda Act of 1929

4. Child Marriage Restrain (Amendment) Act of 1978

5. The Prohibition of Child Marriage Act, 2006

6. Marriage Prohibition Officer

7. Consequences of child marriage

Mother Mortality

Child Mortality

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 8. Statistics

9. Prevention programmes in India ( CEDAW)

10. Conclusion.

Q. 9. Custody of child during matrimonial Suit.

Ans 1. Introduction

2. Concept of custody

3. According to Dharmashastra

4. Kinds of Custody

1. Physical custody of child

2. Legal custody of child 

3. Joint custody of child 

5. Guardians and Wards Act, 1890

6. Kinds of guardian

7. Natural guardians are of three types

 Father
 Mother
 Husband
8. Child Custody Under Hindu Law 1956

9. Hindu Marriage Act, 1955

10. In different personal Laws

11. Disqualification for custody

12 Important Cases

13. Conclusion

Q. 10. Obligation to Supply Necessaries to Children

Ans. 1. Introduction

2. Concept of obligation to supply

3. Concept of necessaries

4. Responsibility to provide basic needs for children

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 5. Provision in Criminal Procedure Code,1973

(S.125-128)

S.125-Who is Responsible

S. 126-Procedure

S.127. Alteration in allowance

s.128-Enforcement of order of maintenance

6. In Hindu Law

7. In Muslim Law

8. In other personal laws

7. Important Cases

8. Conclusion

Q. 11. What is Child Abandonment?

Ans 1. Introduction

2. Concept of Abandonment

3. Conditions of child abandonment occurs

4. In the criminal context,

5. Abandonment and Exposure of an Infant: S.315 I.P.C.-

6. Concealment of Birth of a Child under section 318 of Indian Penal Code

7. Effects of Abandonment

8. Important Cases

9. Conclusion.

Q. 12 Protection of a minor in different Laws

Ans. 1. Introduction

2. Concept of protection

3.. Protection of Child and Juveniles

4. Under the provisions of constitution (fundamental rights and directive principles)

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 5. Under I.P.C.1860.

6. Under CrPC, 1973. (S127-128)

7. Under Contract Act, 1872

(S.10, S.11 , S.12, S.68, S.69. S.70. S.71, S.72,)

8. S.115- Under Evidence Act, 1872

S.118- under Evidence Act

9. Under Juvenile Justice Act, 2000 restraint Act)

10. In Transfer of Property Law, 1882

11. Conclusion

Q. 13. Protection of child in Indian Penal Code-1960

Ans. 1. Introduction

2. S.82- Act of a child under seven yr. of age-

3. S.83. Act of a child above seven and under twelve of immature understanding

4. S.359-369 of the IPC-Offences of Kidnapping and abduction

5. 315. Act done with intent to prevent child being born alive or to cause it to die after
birth.

6. 316. Causing death of quick unborn child by act amounting to culpable homicide

7. S. 372 Sexual offences against children

8. S.376 offence of rape

9. National Policy and Scheme for Children

10. Conclusion

Q. 14. Protection of child in Indian Constitution

Ans. 1. Introduction

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 2. PROTECTION OF CHILD AND JUVENILE UNDER THE PROVISION OF
CONSTITUTION (FUNDAMENTAL RIGHTS AND DIRECTIVE-PRINCIPLES

3. ARTICLE.14 Equality before law

4. Article 15 Prohibition of discrimination on grounds of religion, race, caste, sex or

place of birth-

5. Article 21- Protection of life and personal liberty-

6. Article 21-A Right to education

7. Article 23 Prohibition of traffic in human beings and forced labour

8. Article-24 Prohibition of employment of children in factories, etc

9. Article-39 & 39-fCertain principles of policy to be followed by the State

10. Article 41 Right to work, to education and to public assistance in certain case-

11. Article-45 Provision for early childhood care and education to children below
the age of 6yr-

12. Article-51A Fundamental duties

13, Leading Cases

14. Conclusion

Q. 15. Explain the powers and provisions/ procedures of Juvenile Justice Board.

Ans. 1. Introduction

2. Meaning of Juvenile Board

3, Difference Between Juvenile Justice System & Adult Criminal Justice System

4. Juvenile Justice Court Under the JJ Act, 1986

5. under the JJ Act, 2000

6. Juvenile Court

7. procedure and organization of the juvenile court system

8. Kinds of Juvenile Cases

9. Legal Help Understanding the Juvenile Court Procedure

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 10. Constitution of Juvenile Justice Board

11. Qualification and disqualification of Board members.

12. Powers, functions and responsibilities of the Board

13. Orders regarding a child not found to be in conflict with law.

14. Orders regarding child found to be in conflict with law.

15. Important Cases

16. Conclusion.

Q.16 What do you understand by Juvenile Delinquency.

Ans. 1. Introduction

2. Meaning of Delinquency
3. The legal definition of Juvenile Delinquency
4. the law on Juvenile Delinquency declared variety of acts
5. Factors Involve
Peer Pressure
Insecurity
Lack of Parental guidance
Media Exposure
Psychiatric Illness
6. Causes of Juvenile Behaviour
a. External Causes
Atmosphere at Home
• Neighborhood
• Teacher’s Behaviour
b. Theoretical Causes
• Rational choice
• Social disorganization
• Strain and Stress
• Bad Company
• Male Phenomenon
c. Internal Causes
7. Consequences of delinquency
8. Protection/Prevention
9. Relevant Cases
10. Conclusion

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Q. 17. Discuss the provisions relating to treatment and rehabilitation of juvenile under
Juvenile Justice Act, 2000.(legislation of J.J. Act)

Ans. 1. Introduction

2. Concept of Rehabilitation

3. S.39. Process of rehabilitation and social reintegration.

4. S.40. Restoration of child in need of care and protection.

5. S.41. Registration of child care institutions

6. S.42. Penalty for non-registration of child care institutions

7. S.43. Open shelter

8. S.44. Foster care.

9. S.45. Sponsorship

10. S.47. Observation homes

11 S.48. Special homes.

12. S.49. Place of safety

13. S.50. Children’s Home

14. S.53. Rehabilitation and reintegration services in institutions registered under

this Act and management thereof.

15. S.54. Inspection of institutions registered under this Act

16. S.99. Reports to be treated as confidential

17 Conclusion

18 Suggestions

HOD.

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