Protection of Children from Sexual Offences Act

1.  It was implemented on 19th June,2012.
OBJECTIVES-
 To protect children from offences of sexual assault,
sexual harassment and pornography
To provide for establishment of Special Courts for
trial of such offences

2.  Penetrative sexual assault: Under the Act, a person commits “penetrative
sexual assault” if he:
(i) penetrates his penis into the vagina, mouth, urethra or anus of a child, or
(ii) makes a child do the same, or
(iii) inserts any other object into the child’s body, or
(iv) applies his mouth to a child’s body parts.
 Aggravated penetrative sexual assault: These include cases when
(i) a police officer, a member of the armed forces, or a public servant
commits penetrative sexual assault on a child.
(ii) where the offender is a relative of the child, or custodian of an institution
(iii) if the assault injures the sexual organs of the child or the child becomes
pregnant/incapacitated/disabled

3.  Aggravated sexual assault: Under the Act, “sexual assault”
includes actions where a person touches the vagina, penis, anus
breast of a child with sexual intent without penetration.
 “Aggravated sexual assault” includes cases where the offender is
relative of the child, or if the assault injures the sexual organs of
the child, among others.
 Pornographic purposes: A person is guilty of using a child for
pornographic purposes if he uses a child in any form of media for
the purpose of sexual gratification.
 The Act also penalizes persons who use children for
purposes resulting in sexual assault.

4. The Amendment Bill was introduced for the following objectives:
1.To stop the rampant sexual abuse of children.
2.To provide more stringent punishment, including death penalty, for
aggravated sexual offences against children.
3.To protect the interests of children who are vulnerable in times of distress,
as well ensure their safety and dignity.
4.To look into the sexual assault of both minor boys and girls; being gender
neutral.
6.To provide for stringent punishment for storing and distributing pornographic
material and life imprisonment, for using children for pornographic purposes.

5. POINTS POCSO ACT 2012 POCSO (AMENDMENT) ACT 2019
1.Punishment for penetrative
sexual assault
Minimum-7 yrs
Maximum- life imprisonment
With Fine
Minimum*-10 yrs imprisonment
*child<16 yrs- 20yrs
Maximum- life imprisonment
With Fine
2.Aggravated penetrative
sexual assault
As mentioned Added-i) death of the child
ii) Natural calamity or similar situations along with sectarian or communal
violence
3.Punishment for Aggravated
penetrative sexual assault
Minimum-10 yrs. rigorous
imprisonment
Maximum- life imprisonment
With Fine
Minimum-20 yrs. rigorous imprisonment
Maximum- life imprisonment or DEATH
With just and reasonable Fine to the victim for medical and rehabilitation
expenses
4. Aggravated sexual assault As mentioned Added-i) Natural calamity or similar situations along with sectarian or
communal violence
ii) administrating or help in administering any hormone or any chemical
substance, to a child for the purpose of attaining early sexual maturity.
5.Use of child for
purposes
Maximum: 5 yrs.
Imprisonment
Minimum: 5 years
For repeated offence: Minimum 7 yrs. Imprisonment