Legal provisions related to child labour

Children are lied to and enticed to be brought for work
By paying some money to the parents as consideration or as advance
Giving away the procured (Trafficked child) to the employer for monetary consideration for the purpose of employment
Employing the child
Not allowing the child to move freely, return home as per his / her will
Not paying wages or paying less than the minimum wage

Children are lied to and enticed to be brought for work

Statute	Offence (Provision)	Section	Classification	Punishment
Indian Penal Code (IPC) 1860	a. Cheating	Section 417 and related	Bailable and non cognizable	Upto 1 year or fine
	b. Abduction
	Abduction for wrongful confinement	Section 365, 367 and related	Non bailable and cognizable	Upto 7 years and fine
	Abduction for slavery	Section 367	Non bailable and cognizable	Upto 10 years or fine
	c. Kidnapping through enticement	Section 363	Cognizable and Bailable (Non-bailable in Delhi)	Upto 7 years and fine
JJ Act 2000	Procurement of a child for hazardous employment	Section 26	Cognizable and Bailable (Non-bailable in Delhi)	Upto 3 years and fine

By paying some money to the parents as consideration or as advance

Statute	Offence (Provision)	Section	Classification	Punishment
Indian Penal Code (IPC) 1860	Buying of a person as a slave	Section 370	Bailable and non cognizable	Upto 7 years and fine
The Bonded Labour System (Abolition) Act, 1976	Punishment for advancement for bonded labour	Section 17	Bailable and cognizable	Upto 3 years and fine

Giving away the procured (Trafficked child) to the employer for monetary consideration for the purpose of employment

Statute	Offence (Provision)	Section	Classification	Punishment
Indian Penal Code (IPC) 1860	Selling a minor for the purposes of Prostitution	Section 372	Non Bailable and cognizable	Upto 10 years and fine

Employing the child

Statute	Offence (Provision)	Section	Classification	Punishment
Child Labour (Prohibition and Regulation Act,1986)	Employing the child in prohibited occupations and processes	3/14	Non-Cognizable and Bailable	up to 2 years and fine up to 20,000(Min.10,000 and max.20,000 as per Supreme court Guidelines
JJ Act,2000	Procurring child/Juvenile for hazardous employment	Section 26	Cognizable and Bailable (Non-Bailable in Delhi)	Upto 3 years and fine

Not allowing the child to move freely, return home as per his / her will

Statute	Offence (Provision)	Section	Classification	Punishment
Indian Penal Code, 1860	Wrongful confinement of a kidnapped or abducted person / child	Section 368	Cognizable and non Bailable	Upto 10 years and fine

Not paying wages or paying less than the minimum wage

Statute	Offence (Provision)	Section	Classification	Punishment
The Bonded Labour System (Abolition) Act	Enforcing forced or bonded labour	Section 16	Cognizable and Bailable	Upto 3 years and fine
Indian Penal Code		Section 373	Bailable and Cognizable	Upto 10 years and fine
Indian Penal Code		Section 374	Bailable and Cognizable	Upto maximum 1 year and fine

In all of the above situations it may also be noted that Section 370 of the Indian Penal Code shall be applied in situations where an Act, Means and End (ie. a form of exploitation) exists as elaborated below.

Statute	Section	Act	Means	End (Exploitation)
Indian Penal Code	370 Whoever for the purpose of exploitation,	Recruits	Using threat	Physical exploitation
		Transports	Using force or any other form of coercion	Sexual exploitation
		Harbours	Abduction	Slavery
		Transfers	Practicing fraud, or deception	Practices similar to slavery
		Receives	Abuse of power	Servitude
			Inducement	Forced removal of organs

Source : SOP to handle trafficking of children for child labour

Last Modified : 9/19/2022

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