Code: Section 84 – Juvenile Justice Act
“For the purposes of this Act, the provisions of sections 359 to 369 of the Indian Penal Code (45 of 1860), shall mutatis mutandis apply to a child or a minor who is under the age of eighteen years and all the provisions shall be construed accordingly.”
Explanation of Section 84 – Juvenile Justice Act
Section 84 of the Juvenile Justice (Care and Protection of Children) Act ensures that the penal provisions related to kidnapping and abduction (Sections 359 to 369 of the Indian Penal Code, 1860) are directly applicable to children under 18 years of age. The term “mutatis mutandis” means that necessary adjustments should be made to apply the provisions without altering their legal essence.
This section reinforces that any offense involving the kidnapping or abduction of a child or minor must be treated with the seriousness prescribed under the Indian Penal Code (IPC). It ensures enhanced protection for minors by directly referencing existing stringent legal provisions.
Key Takeaways:
- Applies IPC Sections 359–369 to minors under 18.
- Ensures that children are afforded the same legal protections as adults against kidnapping and abduction.
- Recognizes and incorporates the gravity of such offenses under existing criminal law into juvenile protection legislation.
Illustration
Example 1: Kidnapping of a 16-Year-Old Girl
A person abducts a 16-year-old girl from her lawful guardian without consent. Although the crime falls under IPC Section 361 (Kidnapping from lawful guardianship), because the victim is a minor under 18, Section 84 of the Juvenile Justice Act ensures the offender is prosecuted as per IPC provisions, reinforcing stronger protection for the child.
Example 2: Child Abduction for Exploitation
An organized group kidnaps children for forced labor. The act falls under IPC Section 363A (Kidnapping for purposes of begging). Section 84 ensures these cases are pursued using the full strength of the IPC with applicability tailored for children.
Common Questions and Answers on Section 84
1. Why is Section 84 necessary if the IPC already covers kidnapping and abduction?
Answer: Section 84 is necessary to explicitly ensure that IPC provisions apply directly and appropriately to children under 18 within the juvenile justice framework. It strengthens child protection under a dedicated child welfare law.
2. What does “mutatis mutandis” mean in this context?
Answer: It means “with necessary changes having been made.” In this context, it ensures IPC Sections 359–369 are adapted to apply to children under 18 without changing the legal essence of those provisions.
3. Are the penalties under the IPC directly imposed in cases involving children?
Answer: Yes. With Section 84 invoking IPC provisions, penalties such as imprisonment and fines outlined under IPC Sections 359–369 apply in cases of child kidnapping or abduction.
4. Can a child be tried for kidnapping another child under this section?
Answer: If the offender is a juvenile, they would be dealt with under the Juvenile Justice Act’s rehabilitative framework. However, the offense is still recognized under IPC provisions via Section 84.
Conclusion
Section 84 of the Juvenile Justice (Care and Protection of Children) Act acts as a legal bridge between the child welfare framework and criminal law. By incorporating IPC Sections 359–369 into the juvenile justice domain, it ensures children enjoy comprehensive protection against kidnapping and abduction. This section exemplifies the law’s commitment to safeguarding minors with the full force of the penal code.
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