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Protection of Children from Sexual Offences Act, 2012

Contents

 

Sections

Particulars

Chapter I

Preliminary

1

Short title, extent and commencement

2

Definitions

Chapter II

Sexual Offences against Children

A

Penetrative Sexual Assault and Punishment Therefor

3

Penetrative sexual assault

4

Punishment for penetrative sexual assault

B

Aggravated Penetrative Sexual Assault and Punishment Therefor

5

Aggravated penetrative sexual assault

6

Punishment for aggravated penetrative sexual assault

C

Sexual Assault and Punishment Therefor

7

Sexual assault

8

Punishment for sexual assault

D

Aggravated Sexual Assault and Punishment Therefor

9

Aggravated sexual assault

10

Punishment for aggravated sexual assault

E

Sexual Harassment and Punishment Therefor

11

Sexual harassment

12

Punishment for sexual harassment

Chapter III

Using Child for Pornographic Purposes and Punishment Therefor

13

Use of child for pornographic purposes

14

Punishment for using child for pornographic purposes

15

Punishment for storage of pornographic material involving child

Chapter IV

Abetment of and Attempt to Commit an Offence

16

Abetment of an offence

17

Punishment for abetment

18

Punishment for attempt to commit an offence

Chapter V

Procedure for Reporting of Casts

19

Reporting of offences

20

Obligation of media, studio and photographic facilities to report cases

21

Punishment for failure to report or record a case

22

Punishment for false complaint or false information

23

Procedure for media

Chapter VI

Procedures for Recording Statement of the Child

24

Recording of statement of a child

25

Recording of statement of a child by Magistrate

26

Additional provisions regarding statement to be recorded

27

Medical examination of a child

Chapter VII

Special Courts

28

Designation of Special Courts

29

Presumption as to certain offences

30

Presumption of culpable mental state

31

Application of Code of Criminal Procedure, 1973 to proceedings before a Special Court

32

Special Public Prosecutors

Chapter VIII

Procedure and Powers of Special Courts and Recording of Evidence

33

Procedure and powers of Special Court

34

Procedure in case of commission of offence by child and determination of age by Special Court

35

Period for recording of evidence of child and disposal of case

36

Child not to see accused at the time of testifying

37

Trials to be conducted in camera

38

Assistance of an interpreter or expert while recording evidence of child

Chapter IX

Miscellaneous

39

Guidelines for child to take assistance of experts, etc.

40

Right of child to take assistance of legal practitioner

41

Provisions of sections 3 to 13 not to apply in certain cases

42

Alternative punishment

43

Public awareness about Act

44

Monitoring of implementation of Act

45

Power to make rules

46

Power to remove difficulties

Schedule I

The Schedule

An Act to protect children from offences of sexual assault, sexual harassment and pornography and provide for establishment of Special Courts for trial of such offences and for matters connected therewith or incidental thereto. WHEREAS clause (3) of article 15 of the Constitution, inter alia, empowers the State to

AND WHEREAS, the Government of India has acceded on the 11th December, 1992 to the Convention on the Rights of the Child, adopted by the General Assembly of the United Nations, which has prescribed a set of standards to be followed by all State parties in

AND WHEREAS it is necessary for the proper development of the child that his or her right to privacy and confidentiality be protected and respected by every person by all means and through all stages of a judicial process involving the child;

AND WHEREAS it is imperative that the law operates in a manner that the best interest and well being of the child are regarded as being of paramount importance at every stage, to ensure the healthy physical, emotional, intellectual and social development of the child;

AND WHEREAS the State parties to the Convention on the Rights of the Child are required to undertake all appropriate national, bilateral and multilateral measures to prevent- a. the inducement or coercion of a child to engage in any unlawful sexual activity; b. the exploitative use of children in prostitution or other unlawful sexual practices; c. the exploitative use of children in pornographic performances and materials;

AND WHEREAS sexual exploitation and sexual abuse of children are heinous crimes and need to be effectively addressed.

BE it enacted by Parliament in the Sixty-third Year of the Republic of India as follows:-



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