If you are stuck in such a situation, here is what to do.

A situation has arisen where Mr. Alok Verma, the owner of a trading company in the city of Janakpuri, finds himself in a difficult legal position. Out of sympathy, he employed a minor girl, Anjali, who had run away from her village and was in desperate need of financial support to survive. Mr. Verma’s company employs over twenty other staff members, all of whom are of legal working age. Recently, the local police located Anjali after she had been missing for a couple of months. During their inquiry, she disclosed that she was working at Mr. Verma’s establishment. Subsequently, the police contacted Mr. Verma, accusing him of employing a minor. The officers are now demanding a significant bribe to drop the matter, threatening to register a formal case against him if he fails to comply. This is an entirely new and distressing experience for Mr. Verma and his family, who are now seeking guidance on how to navigate this crisis.

Advice in such cases

Facing such a situation can be intimidating, but it is crucial to act calmly and strategically. Here are the immediate steps you should consider:

• Never pay a bribe. Giving a bribe is also an offence and encourages corruption. It does not guarantee that the case will be closed, and the officers may demand more money later.
• Do not panic or admit guilt to the police, especially under duress. Your words can be used against you.
• Preserve any evidence of the police demanding a bribe, such as call recordings or messages, if possible. However, do not attempt this if it puts you at risk.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

Applicable Sections of Law

Understanding the relevant laws is essential. The case involves two separate issues: the alleged employment of a minor and the demand for a bribe by public servants.

• The Child and Adolescent Labour (Prohibition and Regulation) Act, 1986: This is the primary law governing child labour in India. Section 3 of the Act prohibits the employment of children (persons below 14 years of age) in any occupation and of adolescents (14 to 18 years) in hazardous occupations. Section 14 prescribes penalties, including imprisonment which may extend to two years, or a fine up to fifty thousand rupees, or both.
• The Juvenile Justice (Care and Protection of Children) Act, 2015: Section 79 of this Act makes exploiting a child employee a punishable offence.
• Bharatiya Nyaya Sanhita, 2023 (BNS): The demand for a bribe by a police officer is a serious criminal offence. Section 199 of the BNS deals with public servants obtaining a valuable thing, without consideration, from a person concerned in any proceeding or business transacted by such public servant. Complaining against the officers is a valid legal recourse.

If you are the complainant

If your family member is being accused and pressured by the police, you are the complainant in the matter of the bribe demand. Here is what you should do:

• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.
• Through your lawyer, you can file a formal complaint against the police officers demanding the bribe with a senior police official, such as the Superintendent of Police (SP) or the Commissioner of Police.
• You can also approach the state’s Anti-Corruption Bureau (ACB) or Vigilance Department to lay a trap to catch the officers red-handed.
• For the child labour allegation, your lawyer will help you prepare a defence. While employing a minor is an offence, the circumstances (providing shelter and aid out of compassion) can be presented to the court to argue for a lenient view during sentencing.

If you are the victim

In this scenario, the primary victim is the child who was employed. If you are a third party wanting to help the child, or if you are in a position to ensure her welfare, these are the steps:

• The first priority is the child’s well-being. The police are mandated to produce the child before the Child Welfare Committee (CWC) within 24 hours. The CWC is the final authority to decide the child’s custody, care, and rehabilitation.
• Ensure the child is not intimidated or coached by anyone. Her statement is crucial.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think. An advocate can liaise with the CWC to ensure the child’s rights are protected and she receives proper care and rehabilitation.

How the police behave in such cases

Police conduct can vary significantly. In situations like this, some officers might see it as an opportunity to extort money from the employer, knowing they are scared of the legal consequences. They may use threats and intimidation to create pressure. They might delay producing the child before the CWC. However, it is important to remember that not all officers are corrupt. An honest officer will follow due process, register an FIR under the appropriate laws, inform the Labour Department, and ensure the child is handed over to the CWC for care and protection. Approaching senior officers or the ACB is the correct way to deal with corrupt officials.

FAQs people normally have

Is it a crime even if the intention was to help the child financially?
Yes. The law prohibits the employment of children below 14 years regardless of the employer’s intention. Good intentions or the child’s consent are not valid legal defences to the charge itself, but they may be considered by the court as mitigating factors when deciding the quantum of punishment.

What will happen to the child now?
The police must present the child before the Child Welfare Committee (CWC). The CWC will then take steps for her rehabilitation, which may include sending her to a children’s home, restoring her to her parents if it is in her best interest, and ensuring she is enrolled in school.

Can the police arrest my father immediately?
Offences under the Child and Adolescent Labour Act are cognizable, meaning the police can arrest without a warrant. However, whether they make an immediate arrest depends on the specifics of the case and the discretion of the investigating officer. Having a lawyer at this stage is crucial to seek anticipatory bail if needed.

What evidence is required?

To fight the case effectively, different types of evidence will be needed:

• Against the police for demanding a bribe: Any audio or video recording of the demand, a pre-planned trap by the ACB, or witness testimony.
• In the child labour case: The statement of the child is the most critical piece of evidence. Other evidence includes employment records (or lack thereof), attendance registers, salary payment proof, and statements from other employees confirming that no other minors were employed and that the girl was being helped out of charity. CCTV footage, if available, can also be useful.

How long will the investigation take?

The timeline can vary. An investigation by the Anti-Corruption Bureau into a bribe demand can be relatively quick, especially if a trap is laid. The investigation and subsequent court trial for the child labour case can be a lengthy process, often taking several months to a few years to conclude, depending on the court’s schedule and the complexity of the case.

Advocate Sudhir Rao, Supreme Court of India