68 NATIONAL HUMAN RIGHTS COMMISSION is not released on bail or in special homes or place presumed that such abandonment is not wilful under sub-section (1), shall be punishable with of safety or fit facility or with a fit person, if placed and the penal provisions of this section shall not the same punishment as provided for in sub- there by the order of the Board. (3) The children apply in such cases: Provided further that if such section (1) and such person shall be considered in need of care and protection who are not placed offence is committed by any person employed by to be unfit under sub-clause (v) of clause (14) of in families for any reason may be placed in an or managing an organisation, which is entrusted section 2: Provided that the said child, shall not institution registered for such children under with the care and protection of the child, he shall be considered a child in conflict with law under this Act or with a fit person or a fit facility, on a be punished with rigorous imprisonment which any circumstances, and shall be removed from the temporary or long-term basis, and the process may extend up to five years, and fine which may charge or control of such guardian or custodian and of rehabilitation and social integration shall be extend up to five lakhs rupees: Provided also that produced before the Committee for appropriate undertaken wherever the child is so placed. (4) on account of the aforesaid cruelty, if the child rehabilitation. The Children in need of care and protection who is physically incapacitated or develops a mental are leaving institutional care or children in conflict illness or is rendered mentally unfit to perform 100 with law leaving special homes or place of safety on regular tasks or has risk to life or limb, such person Whoever gives, or causes to be given, to any child attaining eighteen years of age, may be provided shall be punishable with rigorous imprisonment, any intoxicating liquor or any narcotic drug or financial support as specified in section 46, to help not less than three years but which may be tobacco products or psychotropic substance, them to re-integrate into the mainstream of the extended up to ten years and shall also be liable to except on the order of a duly qualified medical society. fine of five lakhs rupees. practitioner, shall be punishable with rigorous 98 Section 75 of JJ Act, 2015 99 Section 76 of JJ Act, 2015 Section 77 of JJ Act, 2015 imprisonment for a term which may extend to seven years and shall also be liable to a fine which . Whoever, having the actual charge of, or control (1) Whoever employs or uses any child for the over, a child, assaults, abandons, abuses, exposes purpose of begging or causes any child to beg or wilfully neglects the child or causes or procures shall be punishable with imprisonment for a term the child to be assaulted, abandoned, abused, which may extend to five years and shall also be 101 exposed or neglected in a manner likely to cause liable to fine of one lakh rupees: Provided that, if Whoever uses a child, for vending, peddling, such child unnecessary mental or physical for the purpose of begging, the person amputates carrying, supplying or smuggling any intoxicating suffering, shall be punishable with imprisonment or maims the child, he shall be punishable with liquor, narcotic drug or psychotropic substance, for a term which may extend to three years or with rigorous imprisonment for a term not less than shall be liable for rigorous imprisonment for a term fine of one lakh rupees or with both: Provided seven years which may extend up to ten years, and which may extend to seven years and shall also be that in case it is found that such abandonment shall also be liable to fine of five lakh rupees. (2) liable to a fine up to one lakh rupees. of the child by the biological parents is due to Whoever, having the actual charge of, or control circumstances beyond their control, it shall be over the child, abets the commission of an offence may extend up to one lakh rupees. 102 Section 78 of JJ Act, 2015 Section 79 of JJ Act, 2015

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