Code: Section 75 of The Juvenile Justice (Care and Protection of Children) Act, 2015
Whoever, having the actual charge of, or control over, a child, assaults, abandons, abuses, exposes or wilfully neglects the child or causes or procures the child to be assaulted, abandoned, abused, exposed or neglected in a manner likely to cause such child unnecessary mental or physical suffering, shall be punishable with imprisonment for a term which may extend to three years or with fine of one lakh rupees or with both:
Provided that in case it is found that such abandonment of the child by the biological parents is due to circumstances beyond their control, it shall be presumed that such abandonment is not wilful and the penal provisions of this section shall not apply in such cases:
Provided further that if such offence is committed by any person employed by or managing an organisation, which is entrusted with the care and protection of the child, he shall be punished with rigorous imprisonment which may extend up to five years, and fine which may extend up to five lakh rupees:
Provided also that on account of the aforesaid cruelty, if the child is physically incapacitated or develops a mental illness or is rendered mentally unfit to perform regular tasks or has risk to life or limb, such person shall be punishable with rigorous imprisonment, not less than three years but which may be extended up to ten years and shall also be liable to fine of five lakh rupees.
Explanation of Section 75 JJ Act
Section 75 of the Juvenile Justice Act addresses one of the most serious offenses against children—cruelty by those responsible for their care. This section makes it a criminal offense for any person who has actual charge or control over a child to mistreat them in any way that causes mental or physical suffering.
Cruelty under this law includes assault, abandonment, exposure to harm, abuse, or willful neglect. The aim is to ensure that children, especially those under someone’s care or protection, are shielded from all forms of violence and mistreatment.
The law also makes certain distinctions:
- If biological parents abandon a child due to circumstances beyond their control (e.g. poverty, illness), the law will presume the act was not willful and exempt them from punishment.
- If a caregiver, employee, or manager of a child care institution commits the offense, stricter punishment applies.
- If the cruelty results in long-term harm, mental illness, or life-threatening injury, the offender faces even harsher penalties.
Key Highlights:
- Cruelty includes abuse, assault, neglect, abandonment, or exposure that causes suffering.
- Regular offenders may face up to 3 years of imprisonment or ₹1 lakh fine.
- Offenders from care organizations can face up to 5 years in prison and ₹5 lakh fine.
- If the child suffers serious harm, minimum 3 years’ rigorous imprisonment (up to 10 years) and ₹5 lakh fine is mandatory.
- Compassionate circumstances for abandonment by parents are considered.
Illustration
Example 1: A school warden physically punishes a child repeatedly for small mistakes, causing emotional trauma. Since the warden is part of a caregiving institution, they can face up to 5 years of rigorous imprisonment and a fine up to ₹5 lakh.
Example 2: A father leaves his child unattended on a railway platform due to extreme poverty and lack of support. If authorities find the father’s act was due to circumstances beyond his control, he may not be penalized under this section.
Example 3: A caretaker in a shelter home brutally assaults a child, leading to mental illness and loss of mobility. In this case, the offender will face at least 3 years’ rigorous imprisonment, which may go up to 10 years, and a fine of ₹5 lakh.
Common Questions & Answers on Section 75 JJ Act
1. What constitutes cruelty under Section 75?
Any act such as assault, abandonment, neglect, abuse, or exposure to danger that causes unnecessary mental or physical suffering to a child.
2. Can biological parents be punished for abandoning a child?
Yes, but only if the abandonment is found to be willful. If it occurred due to unavoidable circumstances, the penal provision does not apply.
3. What happens if a staff member in a children’s home is cruel to a child?
They face enhanced punishment: up to 5 years of rigorous imprisonment and a fine of up to ₹5 lakh.
4. What if the cruelty causes serious injury or mental illness?
In such extreme cases, the offender will be punished with not less than 3 years’ rigorous imprisonment (which may extend to 10 years) and a fine of ₹5 lakh.
5. Why does this section have stricter penalties for institutional caregivers?
Because institutions have a greater duty of care. When they fail, the impact on the child can be long-term and devastating.
Conclusion
Section 75 of the Juvenile Justice Act ensures strict punishment for anyone who mistreats or harms a child under their care. The law recognizes that children must be protected not only at home but especially in places meant for their safety—like schools, shelters, and care institutions. It balances compassion for parents in distress with zero tolerance for cruelty.
For more detailed and simplified legal content, visit ApniLaw.
