In India, a child is defined as “someone below the age of 15 years who does not have a parent or legal guardian”.
So, the law states that, “any person above the age or consent of the parents” who is not related to the child by blood, marriage or adoption is considered an adult.
It also states that the law is applicable to “any unmarried person, including parents, grandparents, siblings, adopted children, step-parents, adopted step-children and grandparents”.
In this context, a person is considered to be an adult for the purposes of Section 11 of the Juvenile Justice Act, 1955.
How do you find out if you or your child are an ‘adult’?
The law says that if you and your child do not know or cannot determine the age, or if you do not give informed consent, the age should be determined.
A ‘parent’ is defined in the law as “a person who is at least the age (as determined by the law) of a minor in relation to the person who was the parent at the time of the child’s birth”.
How can I be arrested under Section 11 if I have committed rape?
A child, or any other person, is considered “child” for the purpose of Section 12 of the Child Marriage and Protection Act, 1993.
Under Section 11, any person who has committed rape on a child under 15 years is considered a “child”.
If you and/or your child have committed a rape on someone under 15, then the police can take any action against you.
What happens if I am found guilty under Section 12?
Under Section 12, the court can sentence you to imprisonment for up to three years, or fine you up to Rs 25 lakh.
This is the maximum fine that can be imposed under Section 6 of the Criminal Procedure Code (CPC).
The court can also order that you pay a fine, including a fine for failure to appear in court, in lieu of imprisonment.
Is it possible to register a case under Section 3 of the Indian Penal Code (IPC)?
Yes, it is possible.
Under the provisions of the IPC, the police and court can order that a person be registered under Section 1, Section 3 or Section 4 of the Code.
The person is required to be registered on the basis of a “probable cause” for “any offence under Section 2 or 3 of [the] IPC”.
The process of registering a person under Section 4 or Section 3 is different.
Under Section 4, a police officer can issue a “notice of complaint”, in which the accused is required, in writing, to produce a copy of a copy from his or her Aadhaar card.
The notice of complaint can also specify the circumstances under which the offence is alleged to have been committed.
The police officer will also have to give the accused the information of any other witnesses that he or she has in the case.
The accused can be allowed to take the matter to the courts if he or he is willing.
The accused has to appear before the court within seven days from the date of the notice of notice of alleged offence.
If the accused refuses to appear, the case will be referred to the Central Board of Direct Taxes (CBDT) for investigation.
If the accused fails to appear within the time allowed by the court, the accused will be required to appear on a date and time specified by the CBI.
If this happens, the CBI will refer the matter back to the police.
Where can I find out more about child protection laws in India?
The National Crime Records Bureau (NCRB) website has a list of the relevant sections of the Crimes Act, and a list has been prepared by the Ministry of Home Affairs for the Child Protection Laws.
Here is the list of sections of IPC and the NCRB website:Section 11(1)(a)(i) – “An offence under this section is an offence committed with intent to cause hurt to the modesty of any person.”
Section 11 (2)(a) -“Any person who, by words, sign or act, causes hurt to any modesty of another person shall be punished with imprisonment for a term which may extend to 10 years.”
Section 14 (1)(b) – A person who commits an offence under subsection (1) of this section shall be liable on conviction to imprisonment, fine, or both for a period not exceeding three years or to both.
Section 14A (2) – Any person who fails to take reasonable steps to take prompt steps to prevent any person from causing injury to the integrity of the body, health or morals shall be punishable with imprisonment, a fine not exceeding one lakh/- or both.
The Criminal Procedure Rules (Cr) of India (CR) provide that, if a person commits an act in which a person or a body part of another is injured, then he or they shall be considered guilty of an offence and may be punished by