it is all about the POCSO rule and how it is to be managed

2. DEFINITIONS
S.2(d)- “Child”
means any person
below the age of
eighteen years.

3. SUBSTANTIVE OFFENCES
S.3- Penetrative
Sexual Assault.
A person is said to
commit “penetrative
sexual assault”
If-
(a) he penetrates his
penis, to any extent,
into the vagina,

4. 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

5. (c) he manipulates any part
of the body of the child so as
to cause penetration into the
vagina, the urethra or anus
of the child or makes the
child to do so with him or
any other person; or
(d) he applies his mouth to
the penis, vagina, anus,
urethra of the child or makes
the child to do so to such
person

6. PUNISHMENT
or any other person.
S.4- Punishment for
such offence is
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.

7. •S.5- Aggravated penetrative
sexual assault.
Whoever, being a police
officer, or a member of the
armed forces or security
forces or being a public
servant or being on the
management or on the staff
of a jail, remand home,
protection home,
observation home, or other
place of custody or care and
protection

8. or being on the
management or staff of a
hospital, whether
government or private, or
being on the management
or staff of an educational
institution or religious
institution commits
penetrative sexual assault
on a child or commits
such assault in gang or
by using deadly

9. weapons, fire, heated
substance or
corrosive substance;
or causes grievous
hurt or bodily injury or
injury to the sexual
organs of the child is
said to commit
aggravated
penetrative sexual
assault.

10. PUNISHMENT
S.6- 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.

11. •S.7- Sexual Assault-
Any act, namely:-
a.Touching with sexual
intent vagina, penis,
anus or breast of the
child or makes the child
touch the vagina.
b.Causing the child to
touch such parts of the
body of the offender or
any other person

12. PUNISHMENT
c. Any other act with
sexual intent involving
physical touch except
penetration.
S.8- Imprisonment for a
term which shall not be
less than three years but
which may extend to five
years, and shall also be
liable to fine.

13. S.9- Aggavated
sexual assault-
Similar to
aggaravating
circumstances
similar to S.5.

14. S.10- Minimum
imprisonment for
five years of either
description which
may extend to 7
years with fine.

15. S.11- Sexual
Harassment- Acts done
by one with sexual
intent, namely:-
1. utters any word,
sound, makes any
gesture, exhibits any
object or part of body
with the intention that
such word shall be
heard, or such gesture
shall be seen by the
child or

16. 2. makes a child exhibit his
body or any part of his body
so as it is seen by such
person or any other person;
or
3. Shows any object to a
child in any form or media
for pornographic purposes
or
4. Repeatedly or constantly
follows or watches or
contacts a child either
directly or through
electronic,digital

17. or any other means
or
5. Threatens to use,
in any form of
media,a real or
fabricated depiction
through electronic,
film or digital or any
other mode,of any
part of the body of
the child or the
involvement of the
child in a sexual act;

18. 6. entices a child for
pornographic
purposes or gives
gratification therefor
Explanation: Any
question which
involves sexual
intent shall be a
question of fact.

19. PUNISHMENT
S.12- Imprisonment
upto 3 years of
either description
and fine.

20. S.13- Using child for
pornographic
purposes-Using
child in media, i.e, in
programmes/
advertisements
telecast in television
channels, internet,
electronic/print
form-
(a) representing
sexual organs of
child

21. (h) Representing
sexual organs of
child
(b) using child in
real/simulated
sexual acts (with or
without penetration)
c. Indecent/obscene
representation of
child

22. PUNISHMENT
S.14- Punishment is
imprisonment upto 5
years of either
description and fine.
Subsequent offence-
7 years
Higher penalties
when associated
with other offence,
e.g- S.3, 5, 7 & 9.

23. O L D L A W N E W L A W
S.20- Obligation of
media, studio, and
photographic
facilities to report
cases
Personnel of
media/hotel/lodge/h
ospital/club or
photographic facility
to respondent to
special juvenile
unit/local police if he
finds any material of

24. O L D L A W N E W L A W
Pornographic/sexual
ly
exploitative/obscene
nature relating to a
child. Punishment is
imprisonment for six
months or fine.
S.41-Nothing in S.3-
13 shall apply to
medical examination
or treatment of child
with consent of
parent or guardian.

25. PROCEDURE OF INVESTIGATION, TRIAL ETC.
•S.19-Reporting of
offences- (i) Anyone
including child may
report even
apprehension of
offence to
(a)Special juvenile
police unit
(b)Local police
(ii) Must be given an
entry number and
recorded in writing.

26. Read over to the
informant, if child, in
such language
which he
understands.
Entered in a book
maintained by the
unit.
(iii) Child, if in need
of care & protection
be forward to shelter
home within 24
hours of report after

27. •(iv) Report the matter
within 24 hours to child
welfare and special court
or Court of sessions.
(v) No civil or criminal
liability to a person for
giving information in good
faith. However,
information given with
intention to harm
reputation of any person
or

28. victimise a child is
punishable under
Section 22

29. S.23- Procedure for
media-(1)
No reporting in
media relating to
information which
may affect
reputation of child
or disclose his
identity. Punishment
is imprisonment for
1 year or fine or
both.

30. RECORDING OF STATEMENT OF CHILD
(SS 24 25 26)
1.Recording at
residence by police
who is not in
uniform.
2. Accused must not
come in contact with
child during
recording.
3. In presence of
parents or person of
trust & confidence

31. 4. Child not be kept
in police station at
night.
5. Police shall
ensure protection of
identity of child from
media.
6. Magistrate shall
record statement
under S.164 Crpc in
the actual words of
the child, as far as
practicable

32. 7. Translators and
special educators.
8. Audio-visual
recording to be
made, wherever
possible.

33. MEDICAL EXAMINATION OF VICTIM
•S.27- Medical
examination of a
child.
1.To be conducted
in terms of S.164A
CrPc
2.By a woman
doctor, if victim is a
girl.
3.In presence of
parents or person of
trust of victim or a
woman
representation of

34. TRIAL BY SPECIAL COURT (SS 28, 31-38)
1. Court of
sessions of the
district- to be
notified as
special court.
2. Will try other
offences to be
tried with
offences under
the act including
S.67B of the
Information
Technology Act
2000.
3. Special Court

35. 4. Would take
cognizance directly
upon a complaint or
police report.
5. Questions to the
child to be put
through court. Not
required to
repeatedly testify in
court. No aggressive
questions or
character
assasination of

36. 6.Frequent breaks to
be given
7. Child friendly
atmosphere to be
ensured- by
presence of parents
or person of trust.
8. Identity of child
not to be disclosed.
9. Trial as in a
sessions trial
offence
10. Juvenility to be

37. by special court &
proceeding shall not
be invalid for
erroneous
determination.
11. Evidence of child
to be recorded
within 30 days of
cognizance and trial
to be completed in a
year, as far as
possible.
12. Assistance of

38. to be taken
wherever possible.
13. Child not to be
exposed to accused
while deposing.
Videoconferencing,
single visibility
mirrors or curtains
may be used.
14. Trial shall be in
camera.
Commissions under
S.284 CrPc may be

39. 15. Legal assistance
to child through
legal services
authority.
16. Special Public
prosecutors to be
appointed of not
less than 7 years of
experience.

40. STATUTORY PRESUMPTIONS (SS 29, 30)
•S.29- Presumption
as to certain
offences
Persons prosecuted
under the act shall
be presumed guilty
unless proved
innocent by special
court.
•S.30- Presumption
of culpable mental
state
Persons charged

41. Offences which
require the
existence of such
mental state, it shall
be presumed unless
proved otherwise by
the guilty.

42. RESTITUTION, COMPENSATION, ALTERNATIVE
PUNISHMENT
•Government shall
prepare guidelines for
use of NGO
professional experts
having knowledge of
psychology, social
work, physical and
mental health at
pretrial and trial stage
to assist a child.
•If an act/omission is
an offence under this
Act and any other law,
greater punishment as
prescribed under this
Act or any other law
shall be awarded
upon recording

43. •In addition to
punishment, Special
Court shall direct in
appropriate cases
compensation to the
child for any physical or
mental trauma and
immediate rehabilitation.
•Central and State
Governments shall take
steps for public
awareness of the
provisions of the Act.
•National Commission
for Protection of Child
Rights and State
Commissions shall
monitor the
implementation of the
Act.