What will happen if a child sexually harasses another child?

If it is a child who has committed a crime under this law, he or she will be dealt with under the Juvenile Justice (Care and Protection of Children) Act, 2015 (“JJ Act”). Section 2(13) of the JJ Act defines “child in conflict with law” as a child below eighteen years of age who is accused of or who has committed an offence. The child should not have reached eighteen years of age on the date of commission of such offence.

If there is uncertainty whether a person is a child, section 94 of the JJ Act gives the Juvenile Justice Board the power to determine the person’s age. However, it is important to note that under section 82 of the Indian Penal Code, 1860 a child under the age of 7 years cannot be punished for crimes under this law or any other law.