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 a...
1. In this Act, unless the context otherwise requires, -a. "aggravated penetrative sexual assault" has the same meaning as assigned to it in section...
|Chapter II||Sexual Offences against Children|
|A||Penetrative Sexual Assault and Punishment Therefor|
Penetrative sexual assault
A person is said to commit "penetrative sexual assault" if-a. he penetrates his penis, to any extent, into the vagina, mouth, urethra or anus of a child...
Punishment for penetrative sexual assault
Whoever commits penetrative sexual assault shall be punished with imprisonment of either description for a term which shall not be less than seven years but w...
|B||Aggravated Penetrative Sexual Assault and Punishment Therefor|
Aggravated penetrative sexual assault
a. Whoever, being a police officer, commits penetrative sexual assault on a child- i. within the limits of the police station or pr...
Punishment for aggravated penetrative sexual assault
Whoever, commits aggravated penetrative sexual assault, shall be punished with rigorous imprisonment for a term which shall not be less than ten years but whi...
|C||Sexual Assault and Punishment Therefor|
Whoever, with sexual intent touches the vagina, penis, anus or breast of the child or makes the child touch the vagina, penis, anus or breast of such person o...
Punishment for sexual assault
Whoever, commits sexual assault, shall be punished with imprisonment of either description for a term which shall not be less than three years but which may e...
|D||Aggravated Sexual Assault and Punishment Therefor|
Aggravated sexual assault
a. Whoever, being a police officer, commits sexual assault on a child- i. within the limits of the police station or premises where...
Punishment for aggravated sexual assault
Whoever, commits aggravated sexual assault shall be punished with imprisonment of either description for a term which shall not be less than five years but wh...
|E||Sexual Harassment and Punishment Therefor|
A person is said to commit sexual harassment upon a child when such person with sexual intent,- i. utters any word or makes any sound, or makes ...
Punishment for sexual harassment
Whoever, commits sexual harassment upon a child shall be punished with imprisonment of either description for a term which may extend to three years and shall...
|Chapter III||Using Child for Pornographic Purposes and Punishment Therefor|
Use of child for pornographic purposes
Whoever, uses a child in any form of media (including programme or advertisement telecast by television channels or internet or any other electronic form or p...
Punishment for using child for pornographic purposes
1. Whoever, uses a child or children for pornographic purposes shall be punished with imprisonment of either description which may extend to five years a...
Punishment for storage of pornographic material involving child
Any person, who stores, for commercial purposes any pornographic material in any form involving a child shall be punished with imprisonment of either descript...
|Chapter IV||Abetment of and Attempt to Commit an Offence|
Abetment of an offence
A person abets an offence, who-First.- Instigates any person to do that offence; orSecondly.- Engages with one or more other person or persons in any conspir...
Punishment for abetment
Whoever abets any offence under this Act, if the act abetted is committed in consequence of the abetment, shall be punished with punishment provided for that ...
Punishment for attempt to commit an offence
Whoever attempts to commit any offence punishable under this Act or to cause such an offence to be committed, and in such attempt, does any act towards the co...
|Chapter V||Procedure for Reporting of Casts|
Reporting of offences
1. "Notwithstanding anything contained in the Code of Criminal Procedure, 1973, any person (including the child), who has apprehension that an offence un...
Obligation of media, studio and photographic facilities to report cases
Any personnel of the media or hotel or lodge or hospital or club or studio or photographic facilities, by whatever name called, irrespective of the number of ...
Punishment for failure to report or record a case
1. Any person, who fails to report the commission of an offence under sub-section (1) of section 19 or section 20 or who fails to record such offence und...
Punishment for false complaint or false information
1. Any person, who makes false complaint or provides false information against any person, in respect of an offence committed under sections 3,5,7 and se...
Procedure for media
1. No person shall make any report or present comments on any child from any form of media or studio or photographic facilities without having complete a...
|Chapter VI||Procedures for Recording Statement of the Child|
Recording of statement of a child
1. The statement of the child shall be recorded at the residence of the child or at a place where he usually resides or at the place of his choice and as...
Recording of statement of a child by Magistrate
1. If the statement of the child is being recorded under section 164 of the Code of Criminal Procedure, 1973 (herein referred to as the Code), the Magist...
Additional provisions regarding statement to be recorded
1. The Magistrate or the police officer, as the case may be, shall record the statement as spoken by the child in die presence of the parents of the chil...
Medical examination of a child
1. The medical examination of a child in respect of whom any offence has been committed under this Act, shall, notwithstanding that a First Information ...
|Chapter VII||Special Courts|
Designation of Special Courts
1. For the purposes of providing a speedy trial, the State Government shall in consultation with the Chief Justice of the High Court, by notification in ...
Presumption as to certain offences
Where a person is prosecuted for committing or abetting or attenuating to commit any offence under sections 3,5,7 and section 9 of this Act, the Special Court...
Presumption of culpable mental state
1. In any prosecution for any offence under this Act which requires a culpable mental state on the part of the accused, the Special Court shall presume t...
Application of Code of Criminal Procedure, 1973 to proceedings before a Special Court
Save as otherwise provided in this Act, the provisions of the Code of Criminal Procedure, 1973 (including the provisions as to bail and bonds) shall apply to ...
Special Public Prosecutors
1. The State Government shall, by notification in the Official Gazette, appoint a Special Public Prosecutor for every Special Court for conducting cases ...
|Chapter VIII||Procedure and Powers of Special Courts and Recording of Evidence|
Procedure and powers of Special Court
1. A Special Court may take cognizance of any offence, without the accused being committed to it for trial, upon receiving a complaint of facts which con...
Procedure in case of commission of offence by child and determination of age by Special Court
1. Where any offence under this Act is committed by a child, such child shall be dealt with under the provisions of the Juvenile Justice (Care and Protec...
Period for recording of evidence of child and disposal of case
1. The evidence of the child shall be recorded within a period of thirty days of the Special Court taking cognizance of the offence and reasons for delay...
Child not to see accused at the time of testifying
.- 1. The Special Court shall ensure that the child is not exposed in any way to the accused at the time of recording of the evidence, while at the same ...
Trials to be conducted in camera
The Special Court shall try cases in camera and in the presence of the parents of the child or any other person in whom the child has trust or confidence:Prov...
Assistance of an interpreter or expert while recording evidence of child
1. Wherever necessary, the Court may take the assistance of a translator or interpreter having such qualifications, experience and on payment of such fee...
Guidelines for child to take assistance of experts, etc.
Subject to such rules as may be made in this behalf, the State Government shall prepare guidelines for use of non-governmental organisations, professionals an...
Right of child to take assistance of legal practitioner
Subject to the proviso to section 301 of the Code of Criminal Procedure, 1973 the family or the guardian of the child shall be entitled to the assistance of a...
Provisions of sections 3 to 13 not to apply in certain cases
The provisions of sections 3 to 13 (both inclusive) shall not apply in case of medical examination or medical treatment of a child when such medical examinati...
Where an act or omission constitute an offence punishable under this Act and also under any other law for the time being in force, then, notwithstanding anyth...
Public awareness about Act
The Central Government and every State Government, shall take all measures to ensure that-a. the provisions of this Act are given wide publicity through ...
Monitoring of implementation of Act
1. The National Commission for Protection of Child Rights constituted under section 3, or as the case may be, the State Commission for Protection of Chil...
Power to make rules
1. The Central Government may, by notification in the Official Gazette, make rules for carrying out the purposes of this Act.2. In particular, and ...
Power to remove difficulties
1. If any difficulty arises in giving effect to the provisions of this Act, the Central Government may, by order published in the Official Gazette, make ...
[See section 2(c)]a. The Air Force Act, 1950 (45 of 1950);b. The Army Act, 1950 (46 of 1950);c. The Assam Rifles Act, 2006 (47 of 2006);d. ...