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Protection of Children from Sexual Offences Act, 2012, (Central) Complete Act

Title: the Protection of Children from Sexual Offences Act, 2012

State: Central

Year: 2012

..... Chapter I - PRELIMINARY Section 1 - Short title, extent and commencement Section 2 - Definitions Chapter II - SEXUAL OFFENCES AGAINST CHILDREN Section 3 to 4 - A. Section 3 - Penetrative sexual assault Section 4 - Punishment for penetrative sexual assault Section 5 to 6 - B. Section 5 - Aggravated penetrative sexual assault Section 6 - Punishment for aggravated penetrative sexual assault Section 7 to 8 - C. Section 7 - Sexual assault Section 8 - Punishment for sexual assault Section 9 to 10 - D. Section 9 - Aggravated sexual assault Section 10 - Punishment for aggravated sexual assault Section 11 to 12 - E. Section 11 - Sexual harassment Section 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 -.....

Protection of Children from Sexual Offences Act, 2012, (Central) Preamble

Title: the Protection of Children from Sexual Offences Act, 2012

State: Central

Year: 2012

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.....

The Protection of Children from Sexual Offences Act, 2012 Complete Act

State: Central

Year: 2012

.....over another person, for the purpose of any offence under this Act, is said to aid the doing of that act. 17. 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 offence. Explanation. " An act or offence is said to be committed in consequence of abatement, when it is committed in consequence of the instigation, or in pursuance of the conspiracy or with the aid, which constitutes the abetment. 18. 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 commission of the offence, shall be punished with imprisonment of any description provided for the offence, for a term which may extend to one-half of the imprisonment for life or, as the case may be, one-half of the longest term of imprisonment provided for that offence or with fine or with both. CHAPTER V PROCEDURE FOR REPORTING OF CASES 19. (1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973, any person (including the child), who has apprehension that an offence under this Act is likely to.....

Protection of Children from Sexual Offences Act, 2012, (Central) Section 5

Title: Aggravated Penetrative Sexual Assault

State: Central

Year: 2012

.....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.....

Protection of Children from Sexual Offences Act, 2012, (Central) Section 9

Title: Aggravated Sexual Assault

State: Central

Year: 2012

.....assault on a child, which-- (i) physically incapacitates the child or causes the child to become mentally ill as defined under clause (l) 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) 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 sexual assault on the child; or (l) whoever commits sexual assault on the child more than once or repeatedly; or (m) whoever commits 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 domestic relationship with a parent of the child, or who is living in the same or shared household with the child, commits sexual assault on such child; or (o) whoever, being in the ownership or management or.....

Protection of Children from Sexual Offences Act, 2012, (Central) Section 19

Title: Reporting of Offences

State: Central

Year: 2012

.....in writing; (b) be read over to the informant; (c) shall be entered in a book to be kept by the Police Unit (3) Where the report under sub-section (1) is given by a child the same shall be recorded under sub-section (2) in a simple language so that the child understands contents being recorded. (4) In case contents, are being recorded in the language not understood by the child or wherever it is deemed necessary, a translator or an interpreter, having such qualifications, experience and on payment of such fees as may be prescribed, shall be provided to the child if he fails to understand the same. (5) Where the Special Juvenile Police Unit or local police is satisfied that the child against whom an offence has been committed is in need of care and protection, then, it shall, after recording the reasons in writing, make immediate arrangement to give him such care and protection (including admitting the child into shelter home or to the nearest hospital) within twenty-four hours of the report, as may be prescribed. (6) The Special Juvenile Police Unit or local police shall, without unnecessary delay but within a period of twenty-four hours, report the matter to the.....

Protection of Children from Sexual Offences Act, 2012, (Central) Section 44

Title: Monitoring of Implementation of Act

State: Central

Year: 2012

(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 Child Rights constituted under section 17, of the Commissions for Protection of Child Rights Act, 2005(4 of 2006), shall, in addition to the functions assigned to them under that Act, also monitor the implementation of the provisions of this Act in such manner as may be prescribed. (2) The National Commission or, as me case may be, the State Commission, referred to in sub-section (1), shall, while inquiring into any matter relating to any offence under this Act, have the same powers as are vested in it under the Commissions for Protection of Child Rights Act, 2005(4 of 2006). (3) The National Commission or, as the case may be, the State Commission, referred to in sub-section (1), shall, also include, its activities under this section, in the annual report referred to in section 16 of the Commissions for Protection of Child Rights Act, 2005(4 of 2006).

Protection of Children from Sexual Offences Act, 2012, (Central) Section 2

Title: Definitions

State: Central

Year: 2012

.....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.

Protection of Children from Sexual Offences Act, 2012, (Central) Section 34

Title: Procedure in Case of Commission of Offence by Child and Determination of Age by Special Court

State: Central

Year: 2012

(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 Protection of Children) Act, 2000(56 of 2000). (2) If any question arises in any proceeding before the Special Court whether a person is a child or not, such question shall be determined by the Special Court after satisfying itself about the age of such person and it shall record in writing its reasons for such determination. (3) No order made by the Special Court shall be deemed to be invalid merely by any subsequent proof that the age of a person as determined by it under sub-section (2) was not the correct age of that person.

Protection of Children from Sexual Offences Act, 2012, (Central) Schedule

Title: Schedule

State: Central

Year: 2012

.....Act, 1968 (47 of 1968); (f) The Central Industrial Security Force Act, 1968 (50 of 1968); (g) The Central Reserve Police Force Act, 1949 (66 of 1949); (h) The Coast Guard Act, 1978 (30 of 1978); (i) The Delhi Special Police Establishment Act, 1946 (25 of 1946); (j) The Indo-Tibetan Border Police Force Act, 1992 (35 of 1992); (k) The Navy Act, 1957 (62 of 1957); (l) The National Investigation Agency Act, 2008 (34 of 2008); (m) The National Security Guard Act, 1986 (47 of 1986); (n) The Railway Protection Force Act, 1957 (23 of 1957); (o) The Sashastra Seema Bal Act, 2007 (53 of 2007); (p) The Special Protection Group Act, 1988 (34 of 1988); (q) The Territorial Army Act, 1948 (56 of 1948); (r) The State police forces (including armed constabulary) constituted under the State laws to aid the civil powers of the State and empowered to employ force during internal disturbances or otherwise including armed forces as defined in clause (a) of section 2 of the Armed Forces (Special Powers)Act, 1958 (28 of 1958).