THE PROTECTION OF CHILDREN FROM SEXUAL OFFENCES ACT, 2012 [Act No. 32 of 2012] [19th June, 2012] PREAMBLE 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.....
View Complete Act List Judgments citing this sectionChapter I PRELIMINARY
View Complete Act List Judgments citing this section.....household" means a household where the person charged with the offence lives or has lived at any time in a domestic relationship with the child; (l) "Special Court" means a court designated as such under section 28; (m) "Special Public Prosecutor" means a Public Prosecutor appointed under section 32. (2) The words and expressions used herein and not defined but defined in the Indian Penal Code(45 of 1860), the Code of Criminal Procedure, 1973(2 of 1974), the Juvenile Justice (Care and Protection of Children) Act, 2000(56 of 2000) and the Information Technology Act, 2000(21 of 2000) shall have the meanings respectively assigned to them in the said Codes or the Acts.
View Complete Act List Judgments citing this sectionChapter II SEXUAL OFFENCES AGAINST CHILDREN
View Complete Act List Judgments citing this sectionSection 3 to 4 A.
View Complete Act List Judgments citing this sectionA 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 or makes the child to do so with him or any other person; or (b) he inserts, to any extent, any object or a part of the body, not being the penis, into the vagina, the urethra or anus of the child or makes the child to do so with him or any other person; or (c) he manipulates any part of the body of the child so as to cause penetration into the vagina, urethra, anus or any part of body of the child or makes the child to do so with him or any other person; or (d) he applies his mourn to the penis, vagina, anus, urethra of the child or makes the child to do so to such person or any other person.
View Complete Act List Judgments citing this sectionWhoever commits penetrative sexual assault shall be punished with imprisonment of either description for a term which shall not be less than seven years but which may extend to imprisonment for life, and shall also be liable to fine.
View Complete Act List Judgments citing this sectionSection 5 to 6 B.
View Complete Act List Judgments citing this section.....assault on a child, which-- (i) physically incapacitates the child or causes the child to become mentally ill as defined under clause (b) of section 2 of the Mental Health Act, 1987(14 of 1987) or causes impairment of any kind so as to render the child unable to perform regular tasks, temporarily or permanently; or (ii) in the case of female child, makes the child pregnant as a consequence of sexual assault; (iii) inflicts the child with Human Immunodeficiency Virus or any other life threatening disease or infection which may either temporarily or permanently impair the child by rendering him physically incapacitated, or mentally ill to perform regular tasks; or (k) whoever, taking advantage of a child's mental or physical disability, commits penetrative sexual assault on the child; or (l) whoever commits penetrative sexual assault on the child more than once or repeatedly; or (m) whoever commits penetrative sexual assault on a child below twelve years; or (n) whoever being a relative of the child through blood or adoption or marriage or guardianship or in foster care or having a domestic relationship with a parent of the child or who is living in the same or.....
View Complete Act List Judgments citing this sectionWhoever, commits aggravated penetrative sexual assault, shall be punished with rigorous imprisonment for a term which shall not be less than ten years but which may extend to imprisonment for life and shall also be liable to fine.
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