Bare Act Search Results
Home Bare Acts Phrase: childing Sorted by: old Year: 2012 Page 1 of about 44 results (0.008 seconds)Sign-up to get more results
Unlock complete result pages and premium legal research features.
Start Free TrialProtection 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.....
View Complete Act List Judgments citing this sectionProtection 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).
View Complete Act List Judgments citing this sectionProtection 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.
View Complete Act List Judgments citing this sectionProtection of Children from Sexual Offences Act, 2012, (Central) Section 35
Title: Period for Recording of Evidence of Child and Disposal of Case
State: Central
Year: 2012
(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, if any, shall be recorded by the Special Court. (2) The Special Court shall complete the trial, as far as possible, within a period of one year from the date of taking cognizance of the offence.
View Complete Act List Judgments citing this sectionProtection of Children from Sexual Offences Act, 2012, (Central) Section 36
Title: Child Not to See Accused at the Time of Testifying
State: Central
Year: 2012
(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 time ensuring that the accused is in a position to hear the statement of the child and communicate with his advocate. (2) For the purposes of sub-section (1), the Special Court may record the statement of a child through video conferencing or by utilising single visibility mirrors or curtains or any other device.
View Complete Act List Judgments citing this sectionProtection of Children from Sexual Offences Act, 2012, (Central) Section 37
Title: Trials to Be Conducted in Camera
State: Central
Year: 2012
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: Provided that where the Special Court is of the opinion that the child needs to be examined at a place other than the court, it shall proceed to issue a commission in accordance with the provisions of section 284 of the Code of Criminal Procedure, 1973(2 of 1974).
View Complete Act List Judgments citing this sectionProtection of Children from Sexual Offences Act, 2012, (Central) Section 38
Title: Assistance of an Interpreter or Expert While Recording Evidence of Child
State: Central
Year: 2012
(1) Wherever necessary, the Court may take the assistance of a translator or interpreter having such qualifications, experience and on payment of such fees as may be prescribed, while recording the evidence of the child. (2) If a child has a mental or physical disability, the Special Court may take the assistance of a special educator or any person familiar with the manner of communication of the child or an expert in that field, having such qualifications, experience and on payment of such fees as may be prescribed to record the evidence of the child.
View Complete Act List Judgments citing this sectionProtection of Children from Sexual Offences Act, 2012, (Central) Section 39
Title: Guidelines for Child to Take Assistance of Experts, Etc
State: Central
Year: 2012
Subject to such rules as may be made in this behalf, the State Government shall prepare guidelines for use of non-governmental organisations, professionals and experts or persons having knowledge of psychology, social work, physical health, mental health and child development to be associated with the pre-trial and trial stage to assist the child.
View Complete Act List Judgments citing this sectionProtection of Children from Sexual Offences Act, 2012, (Central) Section 40
Title: Right of Child to Take Assistance of Legal Practitioner
State: Central
Year: 2012
Subject to the proviso to section 301 of the Code of Criminal Procedure, 1973(2 of 1974) the family or the guardian of the child shall be entitled to the assistance of a legal counsel of their choice for any offence under this Act: Provided that if the family or the guardian of the child are unable to afford a legal counsel, the Legal Services Authority shall provide a lawyer to them.
View Complete Act List Judgments citing this sectionProtection of Children from Sexual Offences Act, 2012, (Central) Section 41
Title: Provisions of Sections 3 to 13 Not to Apply in Certain Cases
State: Central
Year: 2012
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 examination or medical treatment is undertaken with the consent of his parents or guardian.
View Complete Act List Judgments citing this section- << Prev.
- Next >>
Sign-up to get more results
Unlock complete result pages and premium legal research features.
Start Free Trial