REPORT BY THE SUB-COMMITTEE ON UNCRC 69 Notwithstanding anything contained in any law for Any person who sells or buys a child for any punishment with imprisonment for a term not less the time being in force, whoever ostensibly engages purpose shall be punishable with rigorous than three years and shall also be liable to fine a child and keeps him in bondage for the purpose of imprisonment for a term which may extend to which may extend to one lakh rupees. employment or withholds his earnings or uses such five years and shall also be liable to fine of one earning for his own purposes shall be punishable lakh rupees: Provided that where such offence 106 with rigorous imprisonment for a term which is committed by a person having actual charge (1) Any non-State, self-styled militant group or may extend to five years and shall also be liable of the child, including employees of a hospital outfit declared as such by the Central Government, to fine of one lakh rupees. Explanation.–– For the or nursing home or maternity home, the term of if recruits or uses any child for any purpose, shall purposes of this section, the term “employment” imprisonment shall not be less than three years and be liable for rigorous imprisonment for a term shall also include selling goods and services, and may extend up to seven years. which may extend to seven years and shall also be liable to fine of five lakh rupees. (2) Any adult or an entertainment in public places for economic gain. 105 103 Section 80 of JJ Act, 2015 Section 83 of JJ Act, 2015 Section 82 of JJ Act, 2015 adult group uses children for illegal activities either (1) Any person in-charge of or employed in a child individually or as a gang shall be liable for rigorous If any person or organisation offers or gives or care institution, who subjects a child to corporal imprisonment for a term which may extend to receives, any orphan, abandoned or surrendered punishment with the aim of disciplining the child, seven years and shall also be liable to fine of five child, for the purpose of adoption without following shall be liable, on the first conviction, to a fine of lakh rupees. the provisions or procedures as provided in this Act, ten thousand rupees and for every subsequent such person or organisation shall be punishable offence, shall be liable for imprisonment which may 107 with imprisonment of either description for a term extend to three months or fine or with both. (2) If For the purposes of this Act, the provisions of which may extend upto three years, or with fine a person employed in an institution referred to in sections 359 to 369 of the Indian Penal Code, of one lakh rupees, or with both: Provided in case sub-section (1), is convicted of an offence under shall mutatis mutandis apply to a child or a minor where the offence is committed by a recognised that sub-section, such person shall also be liable for who is under the age of eighteen years and all the adoption agency, in addition to the above dismissal from service, and shall also be debarred provisions shall be construed accordingly. punishment awarded to the persons in-charge of, from working directly with children thereafter. and responsible for the conduct of the day-to-day (3) In case, where any corporal punishment is 108 affairs of the adoption agency, the registration of reported in an institution referred to in sub-section Whoever commits any of the offences referred such agency under section 41 and its recognition (1) and the management of such institution does to in this Chapter on any child who is disabled under section 65 shall also be withdrawn for a not cooperate with any inquiry or comply with as so certified by a medical practitioner, then, minimum period of one year. the orders of the Committee or the Board or court such person shall be liable to twice the penalty or State Government, the person in-charge of the provided for such offence. Explanation.— For the management of the institution shall be liable for purposes of this Act, the term “disability” shall have 104 Section 81 of JJ Act, 2015 Section 84 of JJ Act, 2015 Section 85 of JJ Act, 2015