Question Discussion & Solution

The correct answer is Domestic violence.

• It is an Act of the Parliament of India enacted to protect women from domestic violence.
• It was brought into force by the Indian government on 26 October 2006.
• The Act provides for the first time in Indian law a definition of domestic violence, with this definition being broad and including not only physical violence, but also other forms of violence such as emotional/verbal, sexual, and economic abuse.
• It is a civil law meant primarily for protection orders and not meant to be enforced criminally.
• In October 2016, the Supreme Court has made a verdict to delete the words “adult male” before the word ‘person’ in Section 2(q) of the Act making it gender-neutral.

Important Points

• Salient features of Protection of Women from Domestic Violence Act 2005:
  • Includes physical and mental ill-treatment.
  • Primarily meant for the protection of wife or female live-in partners.
  • Law also extends to sisters, widows, or mothers.
  • Harassment in the form of dowry demands also included in this law.
  • Gives women the right to secure housing.
  • The court can also issue protection orders that prevent the abuser to harass the women by acts at her workplace.
  • The act proposes the appointment of protection officers and NGOs.
  • A breach of a protection order is a non-bailable offence. 

The correct answer is Juvenile Justice (Care and Protection of Children) Act, 2015.

• Juvenile Justice (Care and Protection of Children) Act, 2015:
  • An Act to consolidate and amend the law relating to children alleged and found to be in conflict with law and children in need of care and protection by catering to their basic needs through proper care, protection, development, treatment, social re-integration, by adopting a child-friendly approach in the adjudication and disposal of matters in the best interest of children and for their rehabilitation through processes provided, and institutions and bodies established, hereinunder and for matters connected therewith or incidental thereto.

Key Points

• The act is in force from 15^th January 2016.
• The main aim of the act is to consolidate and amend the law relating to children alleged and found to be in conflict with law and children in need of care and protection.
• Ministry of women and child development is the nodal authority for the implementation of this act.

Additional Information

• The Juvenile Justice (Care and Protection of Children) Act was enacted for the first time in 1986 and got enforced nationwide in the year 2000.
• This act was also amended in 2006 and 2011.
• But the act underwent major changes in 2015 and thus it was renamed as The Juvenile Justice (Care and Protection of Children) Act, 2015.

The correct answer is a Punishment of ten years and a fine.

Important Points

• Section 367 of IPC:
  • ​Whoever kidnaps or abducts any person in order that such person may be subjected, or be so disposed of as to be put in danger of being subjected to grievous hurt, or slavery, or to unnatural lust of any person, or knowing it to be likely that such person will be so subjected or disposed of, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.
  • It is a cognizable offence, Non-bailable which is triable by the court of session.

• The offense done under 363 A is Cognizable and Non-bailable.

• ​Non-Bailable offense - Getting bail is not the right of the accused. It is the discretion of the court to grant bail.
• Cognizable offense - A police Officer may arrest the accused without a warrant.
• Non-Compoundable offense - Parties associated with the case cannot settle the case out of court and decide not to prosecute

The correct answer is Cognizable and Non-bailable.

• ​The offence under The Child Marriage Restraint Act 1929 is Cognizable and Non-bailable.

• IPC Sections	Offence/Crime	Nature of offence and punishment
  Laws Protecting Women & Children -The Child Marriage Restraint Act 1929	"Child" means a person who, if a male, has not completed twenty-one years of age, and if a female, has not completed eighteen years of age ; "Child marriage" means a marriage in which either the bride or bridegroom is a child,	Offences under this Act are punishable with up to 3 years of imprisonment coupled with a Fine. All offences under this Act are cognizable, non-bailable and triable by a First Class Magistrate.

  
  Note:

• Non-Bailable offence - Getting bail is not the right of the accused. It is the discretion of the court to grant bail.
  • Cognizable offence - A police Officer may arrest the accused without a warrant.
  • Non-Compoundable offence - Parties associated with the case cannot settle the case out of court and decide not to prosecute