child labour and revelant sections

CHILD LABOUR (PROHIBITION AND REGULATION) ACT, 1986
(ii) "child' means a person who has not completed his fourteenth year of age;
Penalties.
Section 14. (1) Whoever employs any child or permits any child to work in contravention of the provisions of section 3 shall be punishable with imprisonment for a term which shall not be less than three months but which may extend to one year or with fine which shall not be less than ten thousand rupees but which may extend to twenty thousand rupees or with both.
(2) Whoever, having been convicted of an offence under section 3, commits a like offence afterwards, he shall be punishable with imprisonment for a term which shall not he less than six months but which may extend to two years. (3) Whoever-
(a) fails to give notice as required by section 9; or
(b) fails to maintain a register as required by section 11 or makes any false entry in any such register, or
(c) fails to display a notice containing an abstract of section 3 and this section as required by section 12; or
(d) fails to comply with or contravenes any other provisions of-1his Act or the rules made thereunder,
shall be punishable with simple imprisonment which may extend to one month or with fine which may extend to ten thousand rupees or with both.
Labour Department of the state is the nodal department for securing compliance with the provision of this Act

Section-17 The appropriate Government may appoint Inspectors for the purposes of securing compliance with the provisions of this Act 5nd any Inspector so appointed shall be deemed to be a public servant within the meaning of the Indian Penal Code (45 of 1860).
THE BONDED LABOUR SYSTEM (ABOLITION) ACT, 1976 (g) "bonded labour system" means the system of forced, or partly forced, labour under which a debtor enters, or has, or is presumed to have, entered, into an agreement with the creditor to the effect that,-- (i) in consideration of an advance obtained by him or by any of his lineal ascendants or descendants (whether or not such advance is evidenced by any document) and in consideration of the interest, if any, on such advance, or (ii) in pursuance of any customary or social obligation, or (iii) in pursuance of an obligation devolving on him by succession, or (iv) for any economic consideration received by him or by any of his lineal ascendants or descendants, or

Section- 10. AUTHORITIES WHO MAY BE SPECIFIED FOR IMPLEMENTING THE PROVISIONS OF THIS ACT. - The State Government may confer such powers and impose such duties on a District Magistrate as may be necessary to ensure that the provisions of this Act are properly carried out and the District Magistrate may specify the officer, subordinate to him, who shall exercise all or any of the powers, and perform all or any of the duties, so conferred or imposed and the local limits within which such powers or duties shall be carried out by the officer so specified.

IMPORTANT
People’s Union for Democratic Rights V Union of India 1982 3 SCC 235
the Supreme Court also held that ‘where a person provides labour or service to another for remuneration which is less than the minimum wage, the labour or service provided by him clearly falls within the scope and ambit of forced labour’.

Section- 16.
PUNISHMENT FOR ENFORCEMENT OF BONDED LABOUR. - Whoever, after the commencement of this Act, compels any person to render any bonded labour shall be punishable with imprisonment for a term which may extend to three years and also with fine which may extend to two thousand rupees

Section- 22
COGNIZANCE OF OFFENCES. - Every offence under this Act shall be cognizable and boilable.

Indian Penal Code
Section 370. Buying or disposing of any person as slave
Whoever imports, export, removes, buys, sells or disposes of any person as a slave, or accepts, receives or detains against his will any person as slave, shall be punished with imprisonment of either description for a term which may extend to seven years and shall also be liable to fine.
Non-cognizable and bailable. Trial by Magistrate of first class
Section 371. Habitual dealing in slave
Whoever habitually imports, exports, removes, buys, sells, traffics or deals, shall be punished with imprisonment for life or with imprisonment of either description for a term not exceeding the years, and shall also be liable to fine.
cognizable and non-bailable trial by Court of session
Section 374. Unlawful compulsory labour
Whoever unlawfully compels any person to labour against the will of that person, shall be punished with imprisonment of either description for a term which may extend to one year, or with both.
Cognizable & bailable and trial by Any magistrate


THE JUVENILE JUSTICE (CARE AND PROTECTION OF CHILDREN) ACT, 2000


"juvenile" or "child" means a person who has not completed eighteenth year of age;

Section 26. Exploitation of juvenile or child employee.- Whoever ostensibly procures a juvenile or the child for the purpose of any hazardous employment keeps him in bondage and withholds his earnings or uses such earning for his own purposes shall be punishable with imprisonment for a term which may extend to three years and shall be liable to fine.

Section 27. Special offences.- The offences punishable under sections 23, 24, 25 and 26 shall be cognizable.

Code of Criminal Procedure 1973 , THE FIRST SCHEDULE
II-CLASSIFICATION OF OFFENCES AGAINST - OTHER LAWS
If punishable with death, imprisonment for life, or imprisonment for mote than 7 years. Cognizable. Non-Cognizable. Court of Session

If punishable with imprisonment for 3 years, and upwards but not more than 7 years. Cognizable. Non-Cognizable Magistrate of the first class.

If punishable with imprisonment for less than 3 years or with fine only.
Non-Cognizable
Bailable
Any Magistrate.

Prepared by: Vipin Bhatt