Cases under Section 6/7 of the Nari O Shishu Nirjatan Daman Ain 2000

In this article we have discussed about the cases under Section 6/7 of the Nari O Shishu Nirjatan Daman Ain 2000. 

Section 6 of the said act stated as follows:

Punishment for trafficking of child:

i. Whoever fetches from abroad or dispatches or smuggles abroad a child for any illegal or immoral purpose, or sells or purchases or keeps a child in his possession, custody or security for such purpose, he shall be punished with death or rigorous transportation for life and also with fine.
ii. If any person steals a newborn baby from a hospital, child or mother care home, nursing home etc. or from the custody of the guardian of the child, he shall be punished under sub-section (і).

N.B: As per Section 47 of the Manob Pacher Protirud Ain, 2012 the said Section (Section 06 of the Nari O Shishu Nirjatan Daman Ain 2000) has been repealed. Therefore cases under section 06 of the said act are not maintainable. 

Section 07 of the said act stated as follows: 

Punishment for kidnapping a child or a woman:

Whoever kidnaps a child or a woman for the purpose other than of which to commit an offence under section 3 and 6 of the Manob Pacher Protirud Ain 2012, he shall be punished with imprisonment for life or with rigorous imprisonment for either description, which may extend to fourteen years and also with fine.

As per section 2(b) of the said act kidnapping means, to compel a person to go from one place to another place by applying force or upon inducement or enticement or by deceitful means or by intimidation. 

Section 7 of the said act states the punishment of the offence named as Kidnapping. This a cognizable and non bailable offence. However the Court may grant bail to an accused considering the facts and circumstances of the case. 

Attempt to abduct had not been made an offence under the said Act 13 BLT (HCD) 151.