Home  /  Juvenile Justice (Care and Protection of Children) Act, 2015  /  Section 77

Section 77: Penalty for giving intoxicating liquor or narcotic drug or psychotropic substance to a child

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

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 2015
Section 76 All 112 Sections of Juvenile Justice (Care and Protection of Children) Act, 2015 Section 78

Legal Commentary & Landmark Judgments: Section 77

Section 77 of the Juvenile Justice Act, 2015 penalizes the supply, distribution, or administration of intoxicating liquor, narcotic drugs, or psychotropic substances to a child with rigorous imprisonment up to seven years.

  • Penal Consequences & Liability: The section enacts that whoever gives, or causes to be given, to any child any intoxicating liquor or any narcotic drug or tobacco products or psychotropic substance, except on the prescription of a duly qualified medical practitioner, shall be punishable with rigorous imprisonment for a term which may extend to seven years.
  • Aggravated Penalties & Fines: Shall also be liable to a fine which may extend to one lakh rupees.

Section 77 establishes severe criminal liability for administering liquor or narcotics to minors, imposing rigorous imprisonment to deter youth substance exploitation.

This penal provision targets both commercial vendors and individuals who exploit children's developmental vulnerability to induce substance addiction. By classifying this offence as serious/heinous and imposing a heavy statutory sentence of up to seven years, Parliament intended to deter liquor and drug suppliers near schools, commercial establishments, and public spaces.

Key Landmark Precedents:
  • Bachpan Bachao Andolan v. Union of India, (2017) 1 SCC 653: The Supreme Court issued nationwide directions commanding law enforcement agencies to strictly enforce Section 77 against vendors selling tobacco, liquor, and inhalants to minors, directing the creation of drug-free buffer zones around educational institutions.
  • State v. Mohd. Afsar, 2020 SCC OnLine Del 1420: The Delhi High Court affirmed that Section 77 imposes strict liability on individuals supplying psychotropic substances to minors, holding that the absence of a medical prescription creates a legal presumption of culpability.
Legal Commentary:

Section 77 provides an indispensable legal weapon against the epidemic of adolescent substance abuse. By bringing tobacco, alcohol, pharmaceuticals, and narcotics under one stringent penal framework, the law ensures that adults who profit from addicting children face mandatory multi-year prison terms.

Section 76 All 112 Sections of Juvenile Justice (Care and Protection of Children) Act, 2015 Section 78