Adopting Child Directly From Biological Parents Not An Offence U/S 80 Juvenile Justice Act: Karnataka High Court

The Karnataka High Court has said that in the absence of a declaration that a child is

deserted by his biological or adoptive parents or guardians, filing of chargesheet under

section 80 of the Juvenile Justice (Care And Protection Of Children) Act 2015, is without

any substance.

Section 80 provides punishment for adopting any orphan, abandoned or surrendered

child without following the provisions or procedures as provided under the JJ Act.

A single judge bench of Justice Hemant Chandangoudar sitting at Dharwad allowed the

petition filed by two couples and quashed the proceedings initiated against them under

the Act.

The prosecution had alleged that accused No.3 has taken adoption of the daughter who

was born to accused Nos.1 and 2 without following the provisions or procedure

prescribed under the Act thus constituting the offence punishable under Section 80 of

the Act

The Magistrate took cognizance of the offence and issued summons to the petitioners

herein. Following which, the four accused approached the High Court.

The petitioners submitted that the child which is alleged to have been taken in adoption

by accused No.3 is not an orphan, abandoned or surrendered child so as to constitute

the commission of offence punishable under Section 80 of the Act. Hence, the charge

sheet filed against the petitioners – accused is without any substance.

Court Findings:

At the outset, the bench observed that a person is stated to have committed an offence,

if he/she takes a child on adoption who is an orphan, abandoned or surrendered child

without following the provisions or procedures as provided under the Act.

However, in the present case, the child in question was not an abandoned child or orphan

or surrendered child as defined under Sections 2(1), 2(42) and 2(60) of the Act. Thus, in

the absence of any declaration that the child is deserted by his biological or adoptive

parents or guardians, the filing of the charge sheet is also without any substance.

Accordingly it allowed the petition and quashed the proceedings against the petitioners.

Case Title: BANU BEGUM W/O KHAJASAB ALIAS MEHABOOBSAB and Others Versus

State of Karnataka.

Case No: CRIMINAL PETITION NO. 100659 OF 2021

Citation: 2022 LiveLaw (Kar) 154

Date of Order: 07TH DAY OF APRIL, 2022

Appearance: Advocate M B GUNDAWADE for petitioners; Advocate RAMESH CHIGARI for

respondents