Crimes against children

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Crimes against children

  1. 1. CHAPTER-6 CRIME AGAINST CHILDREN There is no separate children’ and `other crimes’, therefore,classification of offences against incidents of crimes against children during 2001children. Generally, the offences and later years may not be comparable with thecommitted against children or the figures of year 2000 and before.crimes in which children are thevictims are considered as Crime The cases in which theagainst Children. Indian penal code children are victimised and abusedand the various protective and can be categorised under two broadpreventive `Special and Local Laws sections:specifically mention the offences 1) Crimes committed againstwherein children are victims. The age Children which are punishableof child varies as per the definition under Indian Penal Codegiven in the concerned Acts and (IPC).Sections but age of child has beendefined to be below 18 years as per 2) Crimes committed againstJuvenile Justice Act, 2000. Such Children which are punishableoffences are construed as Crimes under Special and Local LawsAgainst Children for the purpose of (SLL).analysis in this chapter. Specific Sections/Acts under It is also to be borne in mind above two categories are as follows:that the offences that are analysed inthis chapter do not form an exclusive 1. Crimes againstblock of offences that are reported in children punishablethe country. They are included in the under the Indian PenalIPC/SLL cases already discussed in Code (IPC) are:other relevant chapters. The offencesmentioned in this chapter have been a) Murder (302 IPC)culled out from various reported b) Foeticides (Crime against acrimes in the country wherein the foetus) Section 315 & 316victims of the offences were children. IPC. c) Infanticides (Crime against The data on crimes against newborn child) (0 to 1 year)children is compiled through the Section 315 IPC.revised annual returns w.e.f. year d) Abetment to Suicide2001. Cumulative totals of crime (abetment by other personsstatistics available on monthly basis for commitment of suicide bywere used for this analysis till 2000. children) Section 305 IPC.The revised annual returns haveadditional heads like `murder of 89
  2. 2. INCIDENCE OF CRIME AGAINST CHILDREN DURING 2011 (All India 33098) Incidence (No.of Cases)
  3. 3. e) Exposure & Abandonment j) Rape (Section 376 IPC) (Crime against children by parents or others to expose 2. Crime against children or to leave them with the punishable under intention of abandonment): ‘Special and Local Section 317 IPC. Laws’ are:f) Kidnapping & Abduction: a) Immoral Traffic Prevention Act, 1956 (where minors are i) Kidnapping for abused in prostitution). exporting (Section 360 IPC). b) Child Labour (Prevention & ii) Kidnapping from lawful Regulation) Act, 1986. guardianship (Section 361 IPC). iii) Kidnapping for ransom (Section 364 A ). Crime Incidence iv) Kidnapping for camel (Incidence…33,098) racing etc. (Section 363 IPC). A total of 33,098 cases of crimes v) Kidnapping for against Children were reported in the country begging (Section 363- during 2011 as compared to 26,694 cases A IPC). during 2010, suggesting an increase of 24.0%. vi) Kidnapping to compel Among IPC crimes, number of cases for marriage (Section under Procuration of Minor Girls 366 IPC). increased from 679 in 2010 to 862 in vii) Kidnapping for slavery 2011, registering an increase of etc. (Section 367 IPC). 27.0% over 2010. Cases of viii) Kidnapping child for Kidnapping & Abduction increased stealing from its by 34.2% during the year (from person (under 10 10,670 in 2010 to 15,284 in 2011). years of age only) Uttar Pradesh (5,500), Madhya (Section 369 IPC). Pradesh (4,383), Delhi (4,250), Maharashtra (3,362), Bihar(2,233)g) Procuration of minor girls (for and Andhra Pradesh(2,213) have inducement to force or seduce accounted for 16.6%, 13.2%, 12.8%, 6.7% and 6.7% of total crimes to illicit intercourse) ( Section respectively against children at the 366-A IPC). National level.h) Selling of girls for prostitution (Section 372 IPC).i) Buying of girls for prostitution (Section 373 IPC). 91
  4. 4. RATE OF CRIME AGAINST CHILDREN DURING 2011 (All India 2.7)Note:Rate of Crime against Children means number of crimes against children per one lakh population.
  5. 5. Crime Against Children – State-wise FIGURE 6.1distribution during 2011 / 2010 MAHARASHTRA ANDHRA PRADESH 10.2%/12.2% 6.7% / 6.8% [9.3%] [7.0%] DELHI 12.8%/13.6% BIHAR [1.4%] 6.7% / 6.9% [8.6%] CHHATTISGARH 5.4%/5.5% [2.1%] RAJASTHAN MADHYA PRADESH 4.5%/4.9% 13.2%/18.4% [5.7%] [6.0%] KERALA 4.4%/2.2% [2.8%] UTTAR PRADESH 16.6%/8.7% WEST BENGAL [16.5%] 4.4% / 3.3% [7.5%]Percntage of Crime w.r.t to All India for 2011 GUJARATPercentage of Crime w.r.t. to All India for 2010 3.4% / 3.8%Percentage of Population w.r.t. to All India for 2011 OTHER STATES [5.0%] 11.7%/13.7% [28.2%]
  6. 6. Crime Against Children FIGURE 6.2Crime head-wise Percentage Distribution during 2011 Exposure And Murder (Other than Abandonment Infanticide) 2.1% 4.4% Other Crimes 25.8% Rape 21.5% Kidnapping & Abduction 46.2%
  7. 7. Crime Rate 2010. All 63 cases were reported(Rate…2.7) Uttar Pradesh and Madhya Pradesh accounted for 13 cases each of the The crime rate has marginally 63 cases reported at National level.increased from 2.3 in 2010 to 2.7 in2011. The rate was highest in Delhi Rape (Sec. 376 IPC)(25.4) followed by A & N Islands (Incidence…7,112(20.3), Chandigarh & Chhattisgarh Rate…0.6)(7.0 each), Madhya Pradesh (6.0)and Goa (5.1) as compared to the A total of 7,112 cases of childNational average of 2.7. rape were reported in the country during 2011 as compared to 5,484 inCrime head-wise Analysis 2010 accounting for an increase of 29.7% during the year 2011. Madhya The State/UT-wise and crime Pradesh has reported the highest number ofhead-wise incidents of crimes are cases (1,262) followed by Uttar Pradesh (1088)presented in Table-6.2. and Maharashtra (818). These three StatesMurder (Including Infanticides) altogether accounted for 44.5% of the total(Sec. 302 IPC and 315 IPC) child rape cases reported in the country.(Incidence…1514 Rate…0.1) Kidnapping & Abduction (Sec. 363 to 373 IPC) A total of 1514 cases of (Incidence…15,282Murder of children (including Rate…1.3)infanticides) were reported in thecountry against 1,508 cases in 2010 A total of 15,282 cases ofresulting in an increase of 0.4% in Kidnapping & Abduction of children2011 over 2010. Uttar Pradesh has were reported during the year 2011reported the highest number of such as compared to 10,670 cases in thecases (326) accounting for 22.9% of previous year accounting for athe total cases reported in the significant increase of 43.2%. Uttarcountry. Arunachal Pradesh, Pradesh (3,739) followed by Delhi (23,528) hasMizoram, Daman & Diu, accounted for 24.5% and 23.1% respectively ofLakshadweep and Puducherry did the total cases reported in the country. The ratenot report any case of child murder of crime was also highest in Uttar Pradeshduring the year 2011. (24.5) followed by Delhi (23.1) as compared to the National average of 1.3.Infanticide (Sec. 315 IPC)(Incidence…63 Foeticide (Sec. 315 & 316 IPC)Rate…Negligible) (Incidence…132 Rate....... Negligible) A total of 63 Infanticide caseswere reported in the country during A total of 132 cases of Foeticide werethe 2011. The incidents deceased in reported in the country during 2011 asthe year 2011 (63 cases) from 100 compared to 111 cases in the year 2010cases in the year 2010. The indicating a rise of 18.9% in these cases.decrease amounted to 37.0% over Madhya Pradesh, Chhattisgarh, 95
  8. 8. Table-6 (A) Crimes against Children in the country and % variation in 2011 over 2010 Sl. Crime Head YEAR % Variation in No. 2009 2010 2011 2011 over 2010 (1) (2) (3) (4) (5) (6) 1. Murder 1,488 1,408 1,451 3 2. Infanticide 63 100 63 -37 3. Rape 5,368 5,484 7112 30 4. Kidnapping & Abduction 8,945 10,670 15284 43 5. Foeticide 123 111 132 19 6. Abetment of Suicide 46 56 61 9 7. Exposure & Abandonment 857 725 700 -3 8. Procuration of Minor Girls 237 679 862 27 9. Buying of Girls for Prostitution 32 78 27 -65 10. Selling of Girls for Prostitution 57 130 113 -13 11. Other Crimes (including Prohibition of 6,985 7,253 7293 1 Child Marriage Act 2006) Total 24,201 26,694 33,098 24Punjab, Rajasthan and Uttar Pradesh a decline of 3.4% during the yearhave reported 38 cases, 21 cases, 2011. Maharashtra (27.0%) has15 cases, 13 cases and 12 cases reported the highest number of suchrespectively of such crime. cases (189), followed by Gujarat (15.0%) (105 cases) of the total cases reported in the countryAbetment to Suicide (Sec. 305IPC)(Incidence…61) Procuration of Minor Girls (Sec. 366A IPC) 61 cases of Abetment to (Incidence…862)Suicide by children were reportedduring the year 2011 as compared to 862 cases were reported in56 cases in the year 2010 denoting the year 2011 as compared to 679an increase of 8.9% during the year such cases in the year 2010,2011. accounting for 27.0% increase overExposure & Abandonment (Sec.317 IPC)(Incidence…700 Rate…0.1) A total of 700 cases werereported during 2011 as comparedto 725 cases during 2010 showing 96
  9. 9. FIGURE 6.3 Crime Head Wise Incidence of Crime against Children During 2007-2011 35000 30000 25000 20000Incidence 15000 10000 5000 0 2007 2008 2009 2010 2011 Other Crimes Year Prohibition of Child Marriage Act Selling of Girls for Prostitution Buying of Girls for Prostitution Procuration of Minor Girls Exposure & Abandonment Abetment of Suicide Foeticide Kidnapping & Abduction Rape Infanticide Murder
  10. 10. 2010. West Bengal has reported 298 sheeting rate of 78.8% for the IPCsuch cases indicating a share of crimes and 93.4% for SLL crimes.34.6% at National level followed by The lowest chargesheet rate wasBihar (183), Assam (142) and found in cases of ‘Foeticide’ (26.1%).Andhra Pradesh (106). An increasing The details are presented in Table-trend was observed in these cases 6.5.during the last three years. Detailsare given at Table 6(A). The conviction rate at the National level for these crimes stood at 34.6%. The conviction rate for ‘Infanticide’ (otherBuying/Selling of girls for than Murder) was highest at 46.9%Prostitution (Sec. 373/372 IPC) followed by cases under ‘Murder’(Incidence…27/113) (45.5%). The complete State/UT- wise and crime head-wise details are 27 cases of ‘Buying of girls’ presented in Table-6.3 to Table-6.8.and 113 cases of ‘Selling of girls’ forProstitution were reported in thecountry during the year 2011 against78 and 130 such cases respectively Disposal of Persons Arrestedin the year 2010. Maharashtra (20 by Police & Courtscases) has accounted for 74.0% oftotal 27 cases of ‘Buying of Girls for The details of disposal of arrestedProstitution and West Bengal has persons for committing crimesaccounted for 77.0% (87 cases out of against children are presented in113 cases) of the total cases of Table-6.9 to Table-6.12. 31,002‘Selling of Girls for Prostitution (71.5%) persons out of 43,383reported in the country. persons arrested for these crimes were charge-sheeted by the police and correspondingly, only 6,643 persons were convicted representingDisposal of crimes by Police 33.6% conviction rate& Courts of persons arrested, which is marginally lower than conviction rate The general trend of disposal (case-wise) for crimes committedof IPC and SLL crimes by Police & against children(34.6%).Courts has already been discussedin detail in Chapter-4. The averagecharge-sheeting rate for all thecrimes against children (IPC & SLL)was 82.5% in 2011, which was thesame in 2010 as well. The highest *****chargesheet rate was observed incases under ‘Buying of Girls forProstitution’ (100%) followed by‘Rape’ (97.3%) in comparison to theprevailing National level charge- 98

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