Delhi Police Act, 1978 | Chapter X

Section 106 of the Delhi Police Act, 1978: Taking Pledge from Child

Section 106 restricts taking property as a pawn or security from a child who does not appear to be over fourteen years old. It also addresses buying property from such a child without the owner's knowledge and consent.

Text of Section 106 - Taking pledge from child

Whoever takes from any child, not appearing to be above the age of fourteen years, any article whatsoever as a pawn, pledge or security for any sum of money lent, advanced or delivered to such child or without the knowledge and consent of the owner of the article buys from such child any article whatsoever, shall, on conviction, be punished with fine which may extend to one hundred rupees.

Meaning and scope of Section 106

The provision protects children and owners of property against transactions in which articles are pledged or sold through young children. It describes two kinds of prohibited conduct:

Accepting an article as security: taking an article from a child who does not appear to be above fourteen years of age as a pawn, pledge or security for money lent, advanced or delivered to the child.
Buying an article without the owner's consent: purchasing an article from such a child without the knowledge and consent of the article's owner.

The statutory wording uses the child's apparent age, not merely a documentary statement of age. Whether the facts satisfy the provision is determined from the evidence in the particular case.

Important legal expressions explained

Pawn, pledge or security

An article handed over to secure repayment of money. Section 106 covers the receipt of an article as security for a sum lent, advanced or delivered to the child.

Knowledge and consent of the owner

The second limb concerns a purchase made without the owner's knowledge and consent. A child possessing an article is not necessarily its owner or authorised seller.

On conviction

The penalty described in Section 106 follows conviction for the prohibited conduct; an allegation alone does not establish guilt.

Punishment under Section 106

The published text of Section 106 in the official India Code version of the Delhi Police Act, 1978 provides for a fine extending to Rs. 100 on conviction. The provision itself does not prescribe imprisonment.

Legislative status: A Delhi Police (Amendment) Bill, 2010 proposed increasing the fine to Rs. 1,000. A bill is not an enacted amendment. The Rs. 100 amount is retained here because it appears in the published Act text; consult the latest applicable gazette notifications before relying on a penalty amount in proceedings.

Practical illustration

Suppose a person accepts a watch from a child who appears to be thirteen as security for money advanced to the child. That transaction may fall within the first limb of Section 106. Similarly, purchasing an article from such a child without its owner's knowledge and consent may attract the second limb. The legal outcome depends on proof of the relevant facts.

Official legal sources

Frequently asked questions

What does Section 106 prohibit?

It prohibits taking an article as a pawn or security from a child who does not appear to be above fourteen, and buying an article from such a child without the owner's knowledge and consent.

What is the fine under Section 106?

The official published Act text states a fine of up to Rs. 100 on conviction, subject to verification of any later amendments applicable to the case.

Does Section 106 apply to every purchase from a minor?

No. The provision specifies a child who does not appear to be above fourteen and, for a purchase, the absence of the owner's knowledge and consent.

Last reviewed: 19 October 2026. This article is for general legal information, not individual legal advice.