FIR Online, download legal format. IPC, CPC, CrPC, IP, NI, CP Act

The Protection of Children from Sexual Offences Act, 2012

(Updated up to POCSO amendment Act 2019)

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:-

 

CHAPTER I PRELIMINARY

Section 1. Short title, extent and commencement.

(1) This Act may be called the Protection of Children from Sexual Offences Act, 2012.

(2) It extends to the whole of India, except the State of Jammu and Kashmir.

(3) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint.

 

 

Section 2 Definitions

CHAPTER II SEXUAL OFFENCES AGAINST CHILDREN
A. PENETRATIVE SEXUAL ASSAULT AND PUNISHMENT THEREFOR

Section 3 Penetrative sexual assault Section 4 Punishment for penetrative sexual assault

 

B. AGGRAVATED PENETRATIVE SEXUAL ASSAULT AND PUNISHMENT THEREFOR

Section 5 Aggravated penetrative sexual assault, Section 6 Punishment for aggravated penetrative sexual assault

 

C. SEXUAL ASSAULT AND PUNISHMENT THEREFOR

Section 7 Sexual assault Section 8 Punishment for sexual assault

 

D. AGGRAVATED SEXUAL ASSAULT AND PUNISHMENT THEREFOR

Section 9 Aggravated sexual assault Section 10 Punishment for aggravated sexual assault

 

E. SEXUAL HARASSMENT AND PUNISHMENT THEREFOR

Section 11 Sexual harassment 12 Punishment for sexual harassment

 

CHAPTER III USING CHILD FOR PORNOGRAPHIC PURPOSES AND PUNISHMENT THEREFOR

Section 13 Use of child for pornographic purposes

Section 14 Punishment for using child for pornographic purposes, Section 15 Punishment for storage of pornographic material involving child

 

CHAPTER IV ABETMENT OF AND ATTEMPT TO COMMIT AN OFFENCE

Section 16 Abetment of an offence

Section 17 Punishment for abetment, Section 18 Punishment for attempt to commit an offence

 

CHAPTER V PROCEDURE FOR REPORTING OF CASES

Section 19 Reporting of offences, Section 20 Obligation of media, studio and photographic facilities to report cases

Section 21 Punishment for failure to report or record a case, Section 22 Punishment for false complaint or false information

 

CHAPTER VI PROCEDURES FOR RECORDING STATEMENT OF THE CHILD

Section 23 Procedure for media Section 24 Recording of statement of a child

Section 25 Recording of statement of a child by Magistrate

Section 26 Additional provisions regarding statement to be recorded

Section 27 Medical examination of a child

 

CHAPTER VII SPECIAL COURTS

Section 28 Designation of Special Courts

Section 29 Presumption as to certain offences

Section 30 Presumption of culpable mental state

Section 31 Application of Code of Criminal Procedure, 1973 to proceedings before a Special Court

Section 32 Special Public Prosecutors

 

CHAPTER VIII PROCEDURE AND POWERS OF SPECIAL COURTS AND RECORDING OF EVIDENCE

Section 33 Procedure and powers of Special Court

Section 34 Procedure in case of commission of offence by child and determination of age by Special Court

Section 35 Period for recording of evidence of child and disposal of case

Section 36 Child not to see accused at the time of testifying

Section 37 Trials to be conducted in camera

Section 38 Assistance of an interpreter or expert while recording evidence of child

 

CHAPTER IX MISCELLANEOUS

Section 39 Guidelines for child to take assistance of experts, etc

Section 40 Right of child to take assistance of legal practitioner

Section 41 Provisions of sections 3 to 13 not to apply in certain cases

Section 42 Alternate punishment

Section 43 Public awareness about Act

Section 44 Monitoring of implementation of Act

Section 45 Power to make rules

Section 46 Power to remove difficulties

 

Home    About Us     Privacy Policy     Disclaimer      Sitemap