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Section 76: Employment of child for begging

Juvenile Justice (Care and Protection of Children) Act, 2015 • Official Statutory Text & Practice Guide

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Act 2015
Section 75 All 112 Sections of Juvenile Justice (Care and Protection of Children) Act, 2015 Section 77

Legal Commentary & Landmark Judgments: Section 76

Section 76 of the Act penalizes the employment of a child for begging, prescribing rigorous imprisonment of up to five years and a fine of one lakh rupees, and severe enhanced imprisonment of up to ten years where a child is amputated or maimed for begging.

  • Criminalization of Child Beggary Exploitation: Punishes anyone who employs, uses, or procures a child for the purpose of begging with rigorous imprisonment of up to five years and fine of one lakh rupees.
  • Severe Penalties for Amputating or Maiming Minors: Prescribes rigorous imprisonment of not less than seven years extending up to ten years where an adult amputates, maims, or physically injures a child to facilitate begging.
  • Aggravated Non-Bailable Character: Classifies offenses involving mutilation of children for beggary as grave non-bailable, cognizable crimes tried by the Court of Session.
Key Landmark Precedents:
  • People's Union for Democratic Rights v. Union of India (1982) 3 SCC 235: Supreme Court held that forcing children into begging or exploitative labor violates fundamental constitutional protections against forced labor and slavery under Article 23.
  • Bachpan Bachao Andolan v. Union of India (2011) 5 SCC 1: Supreme Court directed all State police forces to register immediate FIRs under child protection laws against organized gangs forcing children to beg at traffic junctions.
  • Sampurna Behura v. Union of India (2018) 4 SCC 433: Affirmed the strict penal consequences of exploiting children for begging.
Courtroom Practice & Strategic Litigation Guidance:

In bail hearings where the accused is charged under Section 76 with running a child begging syndicate, argue that Section 76(2) imposes a mandatory minimum of seven years imprisonment, rendering the offense grave and non-bailable under the CrPC / BNSS.

Section 75 All 112 Sections of Juvenile Justice (Care and Protection of Children) Act, 2015 Section 77