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Section 78: Using a child for vending, peddling, carrying, supplying or smuggling any intoxicating liquor, narcotic drug or psychotropic substance

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

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Act 2015
Section 77 All 112 Sections of Juvenile Justice (Care and Protection of Children) Act, 2015 Section 79

Legal Commentary & Landmark Judgments: Section 78

Section 78 of the Act penalizes using a child for vending, peddling, carrying, supplying, or smuggling intoxicating liquor, narcotic drugs, or psychotropic substances, imposing rigorous imprisonment of up to seven years and a fine of up to one lakh rupees.

  • Severe Sanctions for Weaponizing Children in Drug Trade: Punishes adults who use, employ, or coerce minors to sell, transport, or smuggle alcohol, narcotics, or psychotropic substances with rigorous imprisonment up to seven years.
  • Comprehensive Commercial & Smuggling Scope: Covers street peddling, border smuggling, bar service, and drug delivery via courier arrangements using minors.
  • Cognizable & Non-Bailable Character: Treats the offense as an aggravated non-bailable crime operating concurrently with the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985.
Key Landmark Precedents:
  • Mohd. Muslim v. State (NCT of Delhi) (2023) SCC OnLine SC 352: Supreme Court highlighted that using vulnerable youths as couriers in the drug trade is a grave menace requiring uncompromising penal enforcement against adult instigators.
  • Bachpan Bachao Andolan v. Union of India (2011) 5 SCC 1: Supreme Court directed police forces to crack down on narcotics cartels exploiting street children as drug delivery couriers.
  • Sampurna Behura v. Union of India (2018) 4 SCC 433: Affirmed that adults exploiting children for illicit trafficking face severe statutory penalties under Chapter IX.
Courtroom Practice & Strategic Litigation Guidance:

Where a minor is apprehended with commercial quantities of narcotics, immediately assert that the child was an exploited victim under Section 78; move the JJB to treat the child as a victim in need of care, while directing police to register a Section 78 FIR against the adult supplier.

Section 77 All 112 Sections of Juvenile Justice (Care and Protection of Children) Act, 2015 Section 79