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Section 84: Kidnapping and abduction of child

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

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Act 2015
Section 83 All 112 Sections of Juvenile Justice (Care and Protection of Children) Act, 2015 Section 85

Legal Commentary & Landmark Judgments: Section 84

Section 84 of the Act penalizes the kidnapping and abduction of a child, providing that whoever kidnaps or abducts a child shall be punished with rigorous imprisonment of not less than seven years extending up to ten years, and a fine of not less than one lakh rupees.

  • Aggravated Penal Sanctions for Child Kidnapping: Prescribes a mandatory minimum sentence of seven years rigorous imprisonment extending up to ten years for child kidnapping, superseding lesser general IPC provisions.
  • Broad Exploitative Intent Scope: Covers kidnapping for begging, sexual exploitation, organ harvesting, forced labor, or illegal adoption.
  • Non-Bailable Statutory Character: Treats the offense as a grave, non-bailable felony tried exclusively by the Court of Session.
Key Landmark Precedents:
  • Bachpan Bachao Andolan v. Union of India (2011) 5 SCC 1: Supreme Court mandated that all missing child reports must be registered immediately as FIRs of kidnapping under Section 84, compelling police to initiate interstate tracking within hours.
  • In Re: Exploitation of Children in Orphanages (2017) 7 SCC 578: Supreme Court affirmed that child kidnapping and trafficking cartels must face uncompromising sentencing under the mandatory minimum framework.
  • Sampurna Behura v. Union of India (2018) 4 SCC 433: Affirmed the strict judicial application of Section 84 in child trafficking rescues.
Courtroom Practice & Strategic Litigation Guidance:

In child kidnapping prosecutions, highlight the mandatory minimum seven-year sentence under Section 84 to oppose bail before the Sessions Court; courts have zero statutory discretion to impose sentences below seven years upon conviction.

Section 83 All 112 Sections of Juvenile Justice (Care and Protection of Children) Act, 2015 Section 85