Kevin Moses Paul
21 August 2021
As per your query, let me inform you that the 'JJ Act', refers to the Juvenile Justice (Care and Protection of Children) Act, 2015.
This act has been passed by Parliament of India amidst intense controversy, debate as well as protests on many of its provisions by the fraternity of Child Rights.
Section 75 of the Juvenile Justice act deals with - "Punishment for cruelty to child".
This section states that -
Whoever, having the actual charge of, or control over, a child, assaults, abandons, abuses, exposes or wilfully neglects the child or causes or procures the child to be assaulted, abandoned, abused, exposed or neglected in a manner likely to cause such child unnecessary mental or physical suffering, shall be punishable with imprisonment for a term which may extend to three years or with fine of one lakh rupees or with both.
However, there are certain presumptions/situations which are in regard to limitations about section 75 of the act.
These are mentioned below:-
⭕ that in case it is found that such abandonment of the child by the biological parents is due to circumstances beyond their control, it shall be presumed that such abandonment is not wilful and the penal provisions of this section shall not apply in such cases,
⭕further that if such offence is committed by any person employed by or managing an organisation, which is entrusted with the care and protection of the child, he shall be punished with rigorous imprisonment which may extend up to five years, and fine which may extend up to five lakhs rupees, and
⭕on account of the aforesaid cruelty, if the child is physically incapacitated or develops a mental illness or is rendered mentally unfit to perform regular tasks or has risk to life or limb, such person shall be punishable with rigorous imprisonment, not less than three years but which may be extended up to ten years and shall also be liable to fine of five lakhs rupees.
Hope It Helps!
Regards
Kevin M. Paul
