The Protection of Children from Sexual Offences Act, 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

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.

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