Whoever, having the actual charge of, or control over, a child, assaults, abandons, abuses, exposes or wilfully neglects the child or causes or procures the child to be assaulted, abandoned, abused, exposed or neglected in a manner likely to cause such child unnecessary mental or physical suffering, shall be punishable with imprisonment for a term which may extend to three years or with fine of one lakh rupees or with both :
Provided that in case it is found that such abandonment of the child by the biological parents is due to circumstances beyond their control, then, such abandonment will not constitute an offence under this section:
Provided further that if such offence is committed by any person employed by or managing an organisation, which is entrusted with the care and protection of the child, he shall be punished with rigorous imprisonment which may extend up to five years, and fine which may extend up to five lakh rupees.
Legal Commentary & Landmark Judgments: Section 75
Section 75 of the Juvenile Justice Act, 2015 creates a stringent, specialized penal provision punishing physical assault, abandonment, neglect, mental cruelty, and institutional abuse inflicted upon a child.
Section 75 provides stringent penal sanctions against child cruelty and institutional neglect, holding caregivers and custodians to the highest standards of child protection.
Section 75 significantly expands the scope of criminal cruelty beyond traditional penal codes. By penalizing 'unnecessary mental suffering' and imposing severe aggravated sentences on institutional caretakers, the statute pierces the veil of institutional immunity and holds abusive guardians strictly liable.