Act32
Enacted 2012

The Protection of Children from Sexual Offences Act, 2012

In force 47 sections Women and Child Development

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.

Act 32 of 2012 Enacted 19 Jun 2012 In force 14 Nov 2012

Administered by. Ministry of Women and Child Development · Other Acts of 2012

Preamble

THE PROTECTION OF CHILDREN FROM SEXUAL OFFENCES ACT, 2012

ACT NO. 32 OF 2012

[19th June, 2012.] 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 make special provisions for children;

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 securing the best interests of the child;

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:--

What this Act covers

Summary of The Protection of Children from Sexual Offences Act, 2012

Key Definitions:

• Child: An individual who has not completed eighteen years of age.

• Sexual Offences:

• Penetrative Sexual Assault

• Sexual Assault

• Sexual Harassment

• Use of Child for Pornographic Purposes

Special Provisions:

• Special Courts for speedy trials.

• Protection of Child’s Privacy and Confidentiality.

• Best Interests of the Child as a guiding principle.

Aggravated Offences (Enhanced Punishments for):

• Involvement of authorities or family members.

• Occurrence in protected institutions.

• Use of weapons, grievous harm, or disease transmission.

• Exploitation of disability or repeat offences.

• Offences against younger children or during emergencies.

Sections

Type to filter. 47 sections.

  1. 1Short title, extent and commencement
  2. 2Definitions
  3. 3Penetrative sexual assault
  4. 4Punishment for penetrative sexual assault
  5. 5Aggravated penetrative sexual assault
  6. 6Punishment for aggravated penetrative sexual assault
  7. 7Sexual assault
  8. 8Punishment for sexual assault
  9. 9Aggravated sexual assault
  10. 10Punishment for aggravated sexual assault
  11. 11Sexual harassment
  12. 12Punishment for sexual harassment
  13. 13Use of child for pornographic purposes
  14. 14Punishment for using child for pornographic purposes
  15. 15Punishment for storage of pornographic material involving child
  16. 16Abetment of an offence
  17. 17Punishment for abetment
  18. 18Punishment for attempt to commit an offence
  19. 19Reporting of offences
  20. 20Obligation of media, studio and photographic facilities to report cases
  21. 21Punishment for failure to report or record a case
  22. 22Punishment for false complaint or false information
  23. 23Procedure for media
  24. 24Recording of statement of a child
  25. 25Recording of statement of a child by Magistrate
  26. 26Additional provisions regarding statement to be recorded
  27. 27Medical examination of a child
  28. 28Designation of Special Courts
  29. 29Presumption as to certain offences
  30. 30Presumption of culpable mental state
  31. 31Application of Code of Criminal Procedure, 1973 to proceedings before a Special Court
  32. 32Special Public Prosecutors
  33. 33Procedure and powers of Special Court
  34. 34Procedure in case of commission of offence by child and determination of age by Special Court
  35. 35Period for recording of evidence of child and disposal of case
  36. 36Child not to see accused at the time of testifying
  37. 37Trials to be conducted in camera
  38. 38Assistance of an interpreter or expert while recording evidence of child
  39. 39Guidelines for child to take assistance of experts, etc
  40. 40Right of child to take assistance of legal practitioner
  41. 41Provisions of sections 3 to 13 not to apply in certain cases
  42. 42Alternative punishment
  43. 42AAct not in derogation of any other law
  44. 43Public awareness about Act
  45. 44Monitoring of implementation of Act
  46. 45Power to make rules
  47. 46Power to remove difficulties

Schedules

This Act has 1 schedule. A schedule is published as a document of its own; the text is reproduced on its page where it has been read, and the document is mirrored here either way.

Rules made under this Act

9 sets of Rules. India Code publishes Rules as a record and a document rather than as text, so these are indexed here and not reproduced. All Rules.

  • Letter dated 1 mar 20172017
  • Letter dated 11 july 20172017
  • Letter dated 28 feb 20172017
  • Letter dated 6 sep 20172017
  • Letter dated 26 mar 20152015
  • Notification No. 3667 modifies Notification No. 3528 relating to constitution of Children's Court2015
  • Notification No. 7969 Special Court (STs and SCs) for POCSO2014
  • Notification dated 09 Nov 20122012
  • The Protection of Children from Sexual Offences Rules, 20122012

Related Acts

Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Every one of the 47 sections of this Act has its own page. This page is not a substitute for legal advice.