This document summarizes the Protection of Children from Sexual Offences Act 2012, which was enacted in India on June 19, 2012 to protect children from sexual abuse and exploitation. The key goals of the act are to prevent unlawful sexual activities with children, child prostitution, and using children in pornographic performances. The act defines a child as under 18 years old and outlines specific sexual offenses against children and their punishments. It also establishes special courts to handle cases and has procedures to protect children's privacy during legal proceedings, including recording their statements in a child-friendly manner. The act aims to ensure children's healthy development and meet international standards for child rights.
1. PROTECTION OF CHILDRENPROTECTION OF CHILDREN
FROM SEXUAL OFFENCESFROM SEXUAL OFFENCES
ACT.2012ACT.2012
» Prepared By
» Mahesh S. Lone
» Chief Judicial Magistrate, Bhandara
» Maharashtra (India)
2. Object
Published in official gazette on 20 june 2012Published in official gazette on 20 june 2012
Being signatory to the child right convention adopted by UN 1992 -to secure best interests of the child.Being signatory to the child right convention adopted by UN 1992 -to secure best interests of the child.
To maintain privacy-confidentiality of child during judicial process.To maintain privacy-confidentiality of child during judicial process.
Enacted on 19 June 2012.Enacted on 19 June 2012.
Ensure healthy physical,emotional,intellectual &social development.Ensure healthy physical,emotional,intellectual &social development.
To prevent 1) inducing or coercing child in unlawful sexual activity.2)exploitative use of child inTo prevent 1) inducing or coercing child in unlawful sexual activity.2)exploitative use of child in
prostitution.3)exploitative use of child in pornographic performances.prostitution.3)exploitative use of child in pornographic performances.
So as to meet these standard principles Act came in existence.So as to meet these standard principles Act came in existence.
3. Act consists of 46 sections
Sec 2 defines various terms used in act.
Child here is defined child means a person below
the age of 18 years.
Domestic relationship -same meaning as given in
PWDA 2005.
Sexual assault,sexual harassment,shared
household.-lives or has lived.
Special court,special prosecutor.
4. Chap.2 sexual offences against
children. Sec 3 to 18.
Penetrative assault.-shall not be less than seven
years -may extend to imprisonment for life and shall
also be liable to fine.(sec 3,4)
Aggravated penetrative assault (sec5,6) -shall not be
less than 10 years and shall also be liable to fine
Sexual assault-(sec.7&8)-shall not be less than 3
years &may extend to 5 years & fine.
Aggravated sexual assault sec. 9 and 10-shall not
be less than 5 yrs. But may extend to7 yrs & fine.
Sexual harassment -may extend to 3 years and
fine.sec,sec.11 ,12.
5. Chap.III Using child for pornograpic
purposes.(sec.13 -15)
Using child for pornograpic purposes
Punishment for such offence.-for life
Chap.IV abetment & attempt to commit offence.
For abetment and attempt- punishment
pescribed for offence abetted.
6. Procedure for reporting such cases
Report to spl.juvenile police unit.
Simple language
Within 24 hrs matter must be reported by SPJU to
spl.court ,CWC.
Obligation on media to report the cases to SPJU.
Punishment on failure to report or record.
Punishment on false information or false complaint.
Obligation on media to not to disclose identity -
7. Procedure for recording the
statements of child.
Recording of statement of child.
Recording of statement of child under sec.164
crpc.
8. Special courts.sec 28 to 32
Designated court-a court of session to be
DC
Till such court is established the special
court alredy working as spl . child's court.
Presumption as to certain offences and
culpable state of mind.
Save otherwise provided in this act ,cr.p.c
shall be appicable.
9. Procedure and powers of special
courts.
Spl.court to take cognizance.on police report or onSpl.court to take cognizance.on police report or on
complaint.complaint.
Child friendly atmosphere.Child friendly atmosphere.
No aggressive question to child.No aggressive question to child.
Can be accompanied family member or on whom sheCan be accompanied family member or on whom she
reposes faith.reposes faith.
Age determination by spl.court.Age determination by spl.court.
Within one year from taking cognizance matter has to beWithin one year from taking cognizance matter has to be
disposed.disposed.
Child not see accused during trialChild not see accused during trial
Incamera. Assistance of interpreter .Incamera. Assistance of interpreter .
10. Lets take care of child who is future of ourLets take care of child who is future of our
nation.nation.
THANKS FOR PATIENT HEARING.