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Since 1st March, 1999
 
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IN THE FACE OF VIOLENCE

Physical abuse shall mean any intentional and unreasonable act or omission in relation to a child, which causes or is likely to cause pain, hurt or grievous hurt including, but not limited to, assault or use of criminal force, starvation or wrongful confinement.

Provided that the act of scolding and minor beating of the child by his parents/ guardian or other elder member of the family or teacher or any other caregiver in the interests of the child himself/herself, which is not of a persistent nature, shall not be deemed to violate the provisions of this section.

Any person who commits physical abuse against a child shall be liable to imprisonment of either description for a term which may extend to five years and fine.

Provided that in case of persistent and continued physical abuse against children, the offender shall be liable to imprisonment of either description for a term which may extend to seven years and fine not less than Rs.10,000/-.

Sale or transfer of a child shall mean sale, abandonment or transfer otherwise of a child by a person having care or custody of the child to any other person for a consideration.

Any person who has sold, transferred or otherwise handed over control of a child to any other person for a consideration shall be punishable with imprisonment for a term which may extend to seven years and/ or with fine.

Provided that nothing will constitute an offence under this section where a parent or guardian is forced to sell or transfer a child to prevent the death of the child from starvation and the competent authorities shall counsel the parents or guardian and extend assistance to enable the parents or guardian to resume custody and care of the child.

Trafficking in children shall mean the recruitment, transportation, transfer, harbouring, or receipt of children, for the purpose of exploitation, by means of violence or threat of violence or other forms of coercion, abduction, fraud, deception, abuse of power or position of vulnerability, giving or receiving of payments or other benefits to the child and/or a person having control over the child, to obtain the consent of the child or the person.

Explanation: Exploitation for the purpose of this act shall include, but not be limited to, forced labour or service, slavery or practices similar to slavery, servitude or any other economically oppressive and exploitative situation, for the profit of the trafficker(s), as well as other illegal activities such as removal of organs, false marriage, clandestine employment and false adoption.

Exception: Exploitation for prostitution or other forms of sexual exploitation shall be covered under the Immoral Traffic (Prevention) Act, 1987, as amended from time to time.

Any trafficker involved in trafficking in children shall be liable to imprisonment of either description for a term of not less than 10 years and fine or imprisonment for life.

Corporal Punishment shall mean any unreasonable/severe punishment inflicted upon the body of a child, including confinement, for the purpose of disciplining the child, by any person in authority in any place imparting formal or informal education or institution for care or custody of the child

Provided that the act of scolding or minor beating of the child by his or her teacher in the interests of the child himself or herself, which is not of persistent or habitual nature, shall not be deemed to violate the provisions of this section. Any person who inflicts corporal punishment on a child shall be punished with imprisonment for a term which may extend to 2 years and/or fine.

Bullying shall mean to deliberately and persistently intimidate, overbear, persecute, humiliate, or demean a child through menacing words or gestures.

Any person responsible for bullying a child shall be punished with imprisonment for a term which may extend to 1 year and/or fine...

Provided that in case of the offence being committed consistently in an educational institution within the knowledge of the teacher(s) and/or the head of the institution, who either condone, willfully ignore or abet such offence, ... such teacher(s) or head of the institution, shall be individually liable to punishment of fine which may not be less than 1 month?s salary.

Economic exploitation of children shall mean financial exploitation of a child and shall include taking away the earnings of a child with the intention of depriving the child permanently of his earnings and shall include inter alia using a child for begging, restraining a child for slavery/practices similar to slavery, debt bondage, forced labour, or using a child for illicit activities such as theft, smuggling.

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