Section 82 JJ Act: Corporal punishment

Section 82 of Juvenile Justice (Care and Protection of Children) Act, 2015: Corporal punishment

Official Bare Act Text

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

(1) Any person in-charge of or employed in a child care institution, who subjects a child to corporal punishment with the aim of disciplining the child, shall be liable, on the first conviction, to a fine of ten thousand rupees and for every subsequent offence, shall be liable for imprisonment which may extend to three months or fine or with both.

(2) If a person employed in an institution referred to in sub-section (1) is convicted of an offence under that sub-section, such person shall also be liable for dismissal from service, and shall also be debarred from working directly with children thereafter.

Legal Commentary & Landmark Judgments: Section 82

Section 82 of the Act strictly penalizes corporal punishment in child care institutions, imposing financial fines and potential imprisonment on any person in charge of or employed in an institution who subjects a child to corporal punishment.

Absolute Statutory Prohibition on Corporal Punishment: Prohibits any physical beating, hitting, solitary confinement, or psychological humiliation of children residing in child care institutions.
Financial Fines & Escalation for Subsequent Convictions: Imposes a fine of ten thousand rupees for the first offense, and imprisonment of up to three months or fine, or both, for subsequent convictions.
Mandatory Dismissal & Professional Disqualification: Provides that conviction under this section shall result in immediate dismissal from employment and lifelong disqualification from working with children.

Key Landmark Precedents:

In Re: Exploitation of Children in Orphanages in State of Tamil Nadu (2017) 7 SCC 578: Supreme Court affirmed that corporal punishment in childcare institutions is an assault on human dignity violating Article 21, directing zero tolerance across all shelter homes.
Sampurna Behura v. Union of India (2018) 4 SCC 433: Supreme Court mandated that all CCIs display bilingual notices prohibiting corporal punishment and maintain child grievance lockboxes.
Sheela Barse v. Union of India (1986) 3 SCC 596: Affirmed that juvenile custodial care must be therapeutic, strictly prohibiting physical punishment by wardens.

Courtroom Practice & Strategic Litigation Guidance:

Child care institutions must maintain an anti-corporal punishment policy signed by all caretakers upon hiring; any report of physical abuse by a warden must be reported to the CWC within twenty-four hours to avoid institutional complicity under Section 82.

Section 82: Corporal punishment

Section 82 of Juvenile Justice (Care and Protection of Children) Act, 2015: Corporal punishment

Legal Commentary & Landmark Judgments: Section 82