B. SUDHEENDRA KUMAR, J.

1. The petitioner is the first accused in C.P. No. 67 of 2016 on the files of the court of the Judicial Magistrate of First Class-I, Kannur.

2. The prosecution allegation is that on 29-6-2016, a minor child aged 14 years was found engaged in the domestic work in the house of the petitioner by the Child Line people. The matter was reported to the police. The police came to the spot and questioned the victim. Thereafter, the crime was registered. After completing the investigation, final report was filed before the Court under Sections 75 and 79 of the Juvenile Justice (Care and Protection of Children) Act, 2015, (for short "the Act").

3. In this Crl.M.C., the prayer of the petitioner is to quash the final report and further proceedings against the petitioner in the above said case.

4. Heard both sides.

5. The learned counsel for the petitioner has argued that since there is no allegation that the minor victim girl was employed by the petitioner in bondage, the offence under Section 79 of the Act is not attracted.

6. In this connection, it will be beneficial to read Section 79 of the Act, which is extracted hereunder:-

"Exploitation of a child employee: Notwithstanding anything contained in any law for the time being in force, whoever ostensibly engages a child and keeps him in bondage for the purpose of employment or withholds his earnings or uses such earning for his own purposes shall be punishable with rigorous imprisonment for a term which may extend to five years and shall also be liable to fine of one lakh rupees.

Explanation:- For the purposes of this section, the term "employment" shall also include selling goods and services, and entertainment in public places for economic gain".

7. A reading of Section 79 of the Act makes it clear that in order to attract Section 79 of the Act, the accused has to engage a child and keeps him in bondage for the purpose of employment or withhold his earnings or use such earning for the purpose of the accused.

8. The term bondage is not defined in the Act.

In Chambers 20th Century Dictionary, (New Edition), "bondage" means "captivity" or "slavery" (the state of being a slave). In Merriam -Webster's Advanced Learner's English Dictionary, "bondage" means "Slavery". In Oxford Advanced Learner's Dictionary - 95th Edition, the meaning of the word "bondage" is the state of being a slave or prisoner and the synonym of the word "bondage" is "Slavery".

9. Section 2(61) of the Act provides that all words and expressions used but not defined in this Act and defined in other Acts shall have the meanings respectively assigned to them in those Acts.

10. The learned counsel for the parties or the learned Public Prosecutor could not bring to the notice of this Court with regard to the definition of bondage in any other Act.

11. The term "bonded labour" is defined in Section 2 (e) of the Bonded Labour System (Abolition) Act, 1976, which provides that "bonded labour" means any labour or service rendered under the bonded labour system. Section 2 (g) of the Act provides that "Bonded labour system" means the system of forced, or partly forced, labour under which a debtor enters, or has, or is presumed to have, entered, into an agreement with the creditor to the effect that, -

(i) in consideration of an advance obtained by him or by any of his lineal ascendants or descendants (whether or not such advance is evidenced by any document) and in consideration of the interest, if any, due on such advance, or

(ii) in pursuance of any customary or social obligation, or

(iii) in pursuance of an obligation devolving on him by succession, or

(iv) for any economic consideration received by him or by any of his lineal ascendants or descendants, or

(v) by reason of his birth in any particular caste or community, - he would

(1) render, by himself or through any member of his family, or any person depended on him, labour or service to the creditor, or for the benefit of the creditor, for a specified period or for