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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.
Introduction
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.
A person who commits kidnapping shall get punishment under Section 363 of IPC with detention of 7 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 Sultan, 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.
Replay
Later, 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 assent.
Rape
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:
Section 376(3) Rape of woman under 16 years of age Rigorous imprisonment of not less than 20 years/life & fine
Section 376-AB Rape of woman under 12 years of age Rigorous imprisonment of not less than 20 years/life & fine, or death
Section 376-DA Gang rape of woman under 16 years of age Imprisonment for life & fine
Section 376-DB Gang rape of woman under 12 years of age Imprisonment for life & fine, or death
Causing Miscarriage
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.
Essential Ingredients
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 this offence.
Miscarriage
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 viable.[2]
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.
Exceptions
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 woman's life.
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 life.
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.
Intention
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.
Replay
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 culpable
homicide.
Conclusion
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.
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Kaushik Sarkar
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