- A Single Bench of the Hon'ble Karnataka HC held that a person has not committed an offense u/s 80 if a child has been taken by adoption is not an orphan, abandoned, or surrendered child.
- In the instant case, Banu Begum w/o Khajasab @ Mehboobsab and ors v State of Karnataka, accused no. 1 gave birth to twin babies. Accused No.3 and Accused No. 4 were married and issueless and had expressed their intend to adopt Accused No. 1’s daughter. A deed of adoption of Rs. 20 stamp paper was executed.
- The learned Magistrate took cognizance of the offence punishable u/s 80 of Juvenile Justice ( Care and Protection of Children) Act, 2015 and issued summons to the petitioners.
- The counsel for petitioner alleged that child taken by adoption was not an orphan, abandoned or surrendered child and hence did not constitute commission of offence punishable u/s 80 of the Act.
- Whereas, the learned High Court Government Pleader submitted that the accused took the child in adoption without proper following the procedure given in the Act and hence had committed an offence u/s 80 of the Act.
- The Hon’ble Karnataka HC held that though the accused took the child in adoption without following the prescribed procedure in the Act but the child taken in adoption was not an orphaned, abandoned or surrendered child. Hence, the accused has not committed any offence u/s 80 and declared the case was without any substance and dismissed proceeding against the petitioners.
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