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Section 83: Use of child by militant groups or other adults

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

Statutory Regulation
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Competent Court / Tribunal
Act 2015
Section 82 All 112 Sections of Juvenile Justice (Care and Protection of Children) Act, 2015 Section 84

Legal Commentary & Landmark Judgments: Section 83

Section 83 of the Act penalizes the use of a child by militant groups or other adults for illegal activities, imposing rigorous imprisonment of up to seven years and a fine of up to five lakh rupees on anyone recruiting, using, or arming children for insurgent, terrorist, or criminal activities.

  • Criminalization of Child Soldier Recruitment & Gang Deployment: Punishes adults and militant commanders who recruit, indoctrinate, arm, or deploy minors in armed conflicts, violent riots, or criminal gangs.
  • Severe Penal Sanctions (Up to Seven Years): Imposes rigorous imprisonment of up to seven years and a mandatory fine of up to five lakh rupees, reflecting extreme national security and child welfare concerns.
  • Treating Children as Victims of Coercion: Directs that children recruited by militant groups shall be treated primarily as victims of crime entitled to comprehensive rehabilitation under Section 39.
Key Landmark Precedents:
  • Sampurna Behura v. Union of India (2018) 4 SCC 433: Supreme Court highlighted that children coerced into militant or criminal syndicates are victims of systemic exploitation entitled to psychological de-radicalization and state rehabilitation.
  • People's Union for Democratic Rights v. Union of India (1982) 3 SCC 235: Affirmed that using vulnerable children for illegal adult enterprises constitutes unconstitutional forced labor.
  • Bachpan Bachao Andolan v. Union of India (2011) 5 SCC 1: Affirmed the strict penal consequences of weaponizing minors in violent criminal activities.
Courtroom Practice & Strategic Litigation Guidance:

When representing a youth captured in an insurgent zone or gang raid, file an application before the JJB under Section 83 asserting that the minor was a victim of adult coercion; move for transfer to an accredited de-radicalization fit facility rather than penal detention.

Section 82 All 112 Sections of Juvenile Justice (Care and Protection of Children) Act, 2015 Section 84