Introduction

The common and basic around the world is a crime against children. As the children have lack of physical power and don't have knowledge of good or bad compared to adult.

Since time immemorial, due to their inherent natural weakness, children have been the victims of criminal offences alongside women. The crimes which are committed against children are not restricted to any specific gender or age. This is usually because of their incapability to appreciate the nature of the offences committed against them and their consequences, thereby making them a soft target of the offender. In other words, due to the inherent innocence and maturity which are usually directly related to a childrens age make them an offenders favourite victim.

Now we will proceed further and learn about various juvenile offences, their impact upon the childrens mind, legislations already existing for combatting them, and the possible measures for preventing and dealing with these juvenile offences.

1.Definition of child

According to World Health Organizations.[i] A child whose age is 19 year old or below. However, the people who fall into age 10-19 year are known to be adolescent.

2.Adolescent

2.1 The transitional period between childhood and adulthood is known as adolescence.

2.2 The individuals of this age group are known as adolescents or teenagers.

2.3 The age of adolescence between 13 to 19 years is called teenage.

2 4 During this period of puberty, individuals attains sexual maturity.

3.Offences and punishment against child

Let's discuss some of the general Offences and punishment against child in society.;

3.1 Cruelty

Cruelty is an act or omission which inflict the child physically or mentally. Without considering of age, gender, mental capacity, etc.

In Indian Society, people have very less information about child Cruelty. Even the Indian Society has a impression that unless the parent or guardian will not give physical punishment, the child will never be capable of being disciplined in life. Not only parents, even the educational institutions have the same mind set. Therefore Cruelty towards the child is very common and the society have accepted it.

Punishment for Cruelty

According to Section 75 of Juvenile Justice Act; anyone holding actual charge of or control over a child:

3.1.(a)Assault[ii]

3.1.(b)Abuses[iii]

3.1.(c)Wilful negligence of such child or procures the child to be treated in these manners,[iv]

Thereby, these unnecessary mental or physical suffering to child, shall be punished with imprisonment for term extended to three years or fine of Rupees one Lakh or both.

In case,the offense committed by any employee or child protection organization, such employee shall be punished with rigorous imprisonment extended to five years and Fine of Rupees five Lakh.

3.2 Employment of child for begging

In modern society we have seen many children which are begging in bus stop, railway station, etc.

As there are many racket are going on which trained the orphan or below poverty line children the art of begging, stealing, etc.

Employment of children as beggar has raised a problem on global scale.

Punishment for Employment of child for begging

According to Section 76 of Juvenile Justice Act; anybody who employ a child for begging purpose. He shall be punished with imprisonment for term extended to five years and Fine of Rupees one Lakh.

Also, if the person cut anybody part of a child for begging purpose, he shall be punished with rigorous imprisonment for a term seven years to extended ten years with Fine of Rupees five Lakh.

According to Section 85 of Juvenile Justice Act; anyone committed offense on any disabled child, then such person shall have the double penalty for such offense.

3.3 Intoxicating a child

Racket leaders tend to intoxicate a child like cigarettes, alcohol, drugs, etc.

Also Racket leaders tend to intoxicate a child, so that it becomes easier to control them and the child don't run away or protest.

Punishment for giving Intoxicating child

According to Section 77 of the Juvenile Justice Act; anybody providing availability of any Intoxicating liquor, or narcotics drugs, tobacco products, etc is being giving to child without any prescription. He shall be punished with rigorous imprisonment for a term seven years with Fine of Rupees seven Lakh.

3.3 Illegal adoption

The children are kidnapped and sold to adoption agency which result Illegal adoption of these children.

Punishment for Illegal adoption

According to Section 80 of Juvenile Justice Act; if any person or organization for the purpose of adoption:

3.3.(a)Offers

3.3.(b)Receives,

any orphan, surrendered child to adopt the provision of Juvenile Justice Act. He shall be punished with rigorous imprisonment for a term three years or Fine of Rupees one Lakh.

If offense is committed by any recognized agency, he shall be punished with same above punishment. Also the authority registration under Section 65 of Juvenile Justice Act shall be withdraw for minimum one year period.

3.4 Sale and Procurement

The problem of Sale and Procurement have emerge a problematic issue.

Children are kidnapped and sold to human trafficking Racket and used for many purpose which involves:

3.4.(a)Employment of child for begging

3.4.(b)Force them in child prostitution

3.4.(c)Hire them as house keepers

3.4.(d)Force them towards Illegal marriage or forceful relationship.

Punishment for Selling and Procuring

According to Section 81 of Juvenile Justice Act; any person selling or buying a child for any purpose, shall be punishable with rigorous imprisonment for a term five years with Fine of Rupees one Lakh.

If offense is committed to the person who is the real custodian of a child, including:

3.4.(e)Employee of hospital

3.4.(f)Employee of Nursing Home

3.4.(g)Employee of Maternity Home,

he shall be punished for a term three years and extended seven years.

Procuring Minor Girl: According to Section 372 of Indian Penal Code;whoever induces a minor girl by any means below 18 years. Girl send to the place where she will be acknowledged that she will be seduced with unlawful relationships with another person, he shall be punished for a term of ten years with Fine.

Buying of minor for prostitution: According to Section 373 of Indian Penal Code; this provision deals with those person who buy or hire person with intention or knowledge for purpose of prostitution, unlawful intercourse, etc. He shall be punished for a term ten years with Fine.

3.5 Kidnapping and Abduction

Although we refer Kidnapping and Abduction as a same purpose. But there is a thin differentiate between two. The Kidnapping refer that removal of a child for his legal guardianship, whereas Abduction refers to the forceful carrying away of an adult person.

Punishment for Kidnapping and Abduction

According to Section 84 of Juvenile Justice Act and Section 359 of Indian Penal Code, both deals with descriptions of Kidnapping with forms of punishment.

3.5.(a)Kidnapping: According to Section 359;Kidnapping of two types:(1)Kidnapping in India: According to Section 360 of Indian Penal Code; means Kidnapping a person below 18 years of age, within India boundaries. Without consent of person authorized on behalf. (2)Kidnapping from lawful guardianship: According to Section 361 of Indian Penal Code;refer to taking a minor under age of 16 year in male and 18 year in female, or unsound mind. Without keeping knowledge of a parent or guardian. According to Section 363 of Indian Penal Code; act provide punishment for seven years can either be simple or rigorous imprisonment with Fine also.

3.5.(b)Kidnapping or injury any body part of a minor for purpose of begging: According to Section 363A;the provision says that if a person take the child except lawful guardian, for the purpose of begging, this prove that child is presumed to kidnapped.He shall be punishable with simple or rigorous imprisonment for a term of ten years and Fine.

3.5.(c) Kidnapping or abducting for murder: According to Section 364 of Indian Penal Code; person kidnap or abduct the other person with the motive of murder or place the person in such manner to put the person in danger. He shall be punished with life imprisonment,or simple or rigorous imprisonment for a term ten years with Fine.

3.5.(d) Kidnapping for ransom: According to Section 364A of Indian Penal Code; provides that person kidnap or abduct a child, for the purpose of money. With this intention, the child not go away, they create a environment of fear, so that the child do not go away. Due to this, if child causing reasonable appreciation of death or hurt during ransom. He shall be punished with life imprisonment or death with Fine.

3.5.(e)Kidnapping with intention of secret and wrongful confinement: According to Section 365, a person kidnap another person with intention of wrongful cause the forced to stay with person. He shall be punished with simple or rigorous imprisonment for a term seven years with Fine.

3.6 Offenses related to causing miscarriage, injury to unborn child, exposing infant, concealment of birth

Section 312 to Section 318 of Indian Penal Code deals with offense and Punishment related to unborn child, exposing infant, concealment of birth. The Offenses are:

3.6.(a)Causing miscarriage of woman with wrongful intention.

3.6.(b)Causing miscarriage of a woman without her consent.

3.6.(c)Causing miscarriage of a woman, which result in death of these woman.

3.6.(d)Causing death of quick unborn child and act as Culpable Homicide.

3.6.(e)Causing concealment of birth of the child by dispose the dead body of the newborn baby.

3.7 Sexual Assault of Minor

The aim to provide a framework to protect child from offense like Sexual Assault, Harassment and Pornography.

3.7.(a)Penetrative Sexual Assault: Inserting the penis body part in vagina and asking the child to do the same.

3.7.(b)Sexual Assault: When a person touch a child sexually or force the child to touch them back.

3.7.(c)Sexual Harassment: When a person repeatedly stalking, making Sexual gesture by noise, etc.

3.7.(d)Child Pornography,[v]

The provision where Indian Penal Code, deals only with rape of minor. However the POSCO (Protection of Children from Sexual Offences) deals with the rape of both boys and girls in the age of minor.

4.Things to do to prevent Child Abuse

4.1.(a)The parent must give time to the children, so that they don't get attracted to wrong things.

4.1.(b)Parents must examine the behavior of the child. As the Abuse is not just physical, but it can be mental.

4.1.(c)Knowledge your child about the abuse it can be physical or sexual.

4.1.(d)Give knowledge your child about the sign of good touch and bad touch. Also gave strength to the child so that they can stop, if they feel any kind of bad touch.

5.Conclusion

Children are considered as the future generations. But due to increase of crime in children, which not only harm the future of children but also harm the future of society.

Violence against children are not limited only in India, but this a threat to the whole world.

The incident will happen for a period, but the impact of the period of child can result in child mental or physical health.

Crimes against children can be reduced just by spreading social and legal awareness among the youth.

6.Citation

[i] Convention on the Rights of Child, Article 1 For the purposes of the present Convention, a child means every human being below the age of eighteen years unless under the law applicable to the child, majority is attained earlier.

[ii] In Indian Penal Code Section 375, Whoever makes any gesture, or any preparation intending or knowing it to be likely that such gesture or preparation will cause any person present to apprehend that he who makes that gesture or preparation is about to use criminal force to that person, is said to commit an assault.

[iii] Abuse is an action that intentionally causes harm or injures another person. This can refer to physical abuse, psychological abuse, mental abuse, or child abuse.

[iv]Willful negligence, describes negligent acts where the defendant disregards the risks of their actions and is aware (or should be aware) of the possible impacts. Defendants in these cases are often deliberately dismissive of another persons safety, health, or welfare.

[v]Child Pornography refer to any representation, whether visual, audio, written combination thereof, by electronic, mechanical, etc of child engage or involving in real or simulated explicit Sexual activities.