Section 79 JJ Act: Exploitation of a child employee

Section 79 of Juvenile Justice (Care and Protection of Children) Act, 2015: Exploitation of a child employee

Official Bare Act Text

Override / Mandate Mens Rea (Intent) Actus Reus (Conduct) Punishment Limitation Monetary

Notwithstanding anything contained in any law for the time being in force , whoever ostensibly engages a child and keeps him in bondage for the purpose of any employment or withholds his earnings or uses such earning for his own purposes shall be punishable with rigorous imprisonment for a term which may extend to five years and shall also be liable to fine which may extend up to one lakh rupees .

Legal Commentary & Landmark Judgments: Section 79

Section 79 of the Act penalizes the exploitation of a child employee, imposing rigorous imprisonment of up to five years and a fine of one lakh rupees on anyone who keeps a child in bondage, withholds earnings, or uses earnings for their own purposes.

Criminalization of Child Bondage & Wage Theft: Punishes employers who keep child domestic workers, restaurant helpers, or factory hands in conditions of bonded labor or debt servitude.
Sanctions for Withholding or Appropriating Child Wages: Penalizes employers or intermediaries who withhold the child's earnings or divert their wages to third parties.
Protection Against Physical Confinement: Punishes locking up child employees in residences or workplaces with enhanced criminal penalties.

Key Landmark Precedents:

Bandhua Mukti Morcha v. Union of India (1984) 3 SCC 161: Constitution Bench held that keeping children in bondage or withholding wages violates the absolute constitutional prohibition against forced labor under Article 23.
People's Union for Democratic Rights v. Union of India (1982) 3 SCC 235: Supreme Court affirmed that child labor under coercive, underpaid conditions constitutes forced labor requiring immediate state rescue and prosecution.
Bachpan Bachao Andolan v. Union of India (2011) 5 SCC 1: Supreme Court directed strict criminal prosecution under Section 79 against employers exploiting child domestic labor in urban households.

Courtroom Practice & Strategic Litigation Guidance:

In child domestic labor rescues, ensure the police FIR includes Section 79 of the JJ Act alongside the Child Labour (Prohibition and Regulation) Act; Section 79 carries a severe five-year prison term and mandatory fine payable to the child.

Section 79: Exploitation of a child employee

Section 79 of Juvenile Justice (Care and Protection of Children) Act, 2015: Exploitation of a child employee

Legal Commentary & Landmark Judgments: Section 79