Presumption as to certain offences
Section 29 of the Protection of Children from Sexual Offences Act, 2012 deals with presumption as to certain offences. Where a person is prosecuted for committing or abetting or attempting to commit any offence under sections 3, 5, 7 and section 9 of this Act, the Special Court shall presume, that such person has committed or abetted or attempted to commit the offence, as the case may be unless the contrary is prove The Act came into force on 14 Nov 2012.
Where a person is prosecuted for committing or abetting or attempting to commit any offence under sections 3, 5, 7 and section 9 of this Act, the Special Court shall presume, that such person has committed or abetted or attempted to commit the offence, as the case may be unless the contrary is proved.
Section 29, The Protection of Children from Sexual Offences Act, 2012 (Act 32 of 2012).
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
-
Just Rights for Children Alliance v. S. Harish
Court's Decision & Legal Precedent
POCSO s.15 storage/possession of child sexual abuse material is not confined to the original downloader. Failure to delete/report CSAM, and incriminating viewing/storage, can attract s.15; s.29 presumption may apply once foundational facts are laid. Madras HC quash of the POCSO charge was set aside. Overrules a narrow reading that only the first downloader is liable.
On this section: s.29 presumption can apply once foundational facts of storage/possession are laid.
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Questions about Section 29
What have the courts held on Section 29 of the Protection of Children from Sexual Offences Act?
Just Rights for Children Alliance v. S. Harish (23 Sep 2024) is the leading judgment on this section among those set out below: s.29 presumption can apply once foundational facts of storage/possession are laid.
How do I find court cases under Section 29 of the Protection of Children from Sexual Offences Act?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: Pocso Act 29, section 29 Pocso Act, section 29 of the Protection of Children from Sexual Offences Act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with Just Rights for Children Alliance v. S. Harish (23 Sep 2024).
What should I read with Section 29 of the Protection of Children from Sexual Offences Act, and has it changed?
Its own text turns on section 3 (Penetrative sexual assault), section 5 (Aggravated penetrative sexual assault), section 7 (Sexual assault), section 9 (Aggravated sexual assault), so none of them can safely be read on its own.
When did Section 29 of the Protection of Children from Sexual Offences Act come into force?
Section 29 of the Protection of Children from Sexual Offences Act, cited as Pocso Act 29, came into force on 14 Nov 2012, having been enacted on 19 Jun 2012. It is in force as at the date shown on this page.
Other sections of this Act
- 9. Aggravated sexual assault813 words
- 5. Aggravated penetrative sexual assault811 words
- 33. Procedure and powers of Special Court395 words
- 2. Definitions340 words
- 19. Reporting of offences338 words
- 45. Power to make rules323 words
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. Text as in force on 15 Oct 2026. This page is not a substitute for legal advice.