This document summarizes the Protection of Children from Sexual Offences Act, 2012 passed in India to protect children from sexual abuse and offenses. It notes that the Act defines a child as under 18 years old and covers male and female children equally. The Act classifies and penalizes various types of sexual offenses against children, including penetrative sexual assault, aggravated penetrative sexual assault, sexual assault, aggravated sexual assault, and use of a child for pornographic purposes. It also outlines reporting procedures to protect child victims and prohibits detaining a child in a police station at night.

2. Child sexual abuse or child
molestation is a form of child
abuse in which an adult or
older adolescent uses a child
for sexual stimulation.
Forms of child sexual abuse
include asking or pressuring a
child to engage in sexual
activities.

5. According to Ministry of Child and Women
Development, Government of India survey 2007
53% of children in
India are victims of
sexual abuse in India
which means 1 out of
every two children
has been a victim of
sexual abuse at least
once.

6. 21
%
32
%
Severe forms of
sexual abuse:-
Assault, rape and sadomy
Nude photography of children
Touching or fonding a child
Forcing a child to exhibit his
her body parts
Less severe forms of
sexual abuse:-
Forcing kiss
Sexual advances
Exposure to pornographic
material

7.  Existing laws (IPC, IT Act, 2000
and JJ Act, 2000) not enough
to address sexual offences
 No specific provisions or laws for
dealing with sexual abuse
of male children.

8.  Provide protection to all children from the
offences of sexual assault, sexual harassment
and pornography
 Child defined as any person below the age of
18 years

9.  The Protection of Children from
Sexual Offences Act, 2012 came
into force on 14 November 2012.
 The Act was passed in the Indian
Parliament in May 2012.
 The Act under its ambit defines
child as a person below the age-group
of 18 and is gender
neutral.

10.  All children whether
male or female
below the age of
eighteen come
under this Act.
 It extends to the
whole of India,
except the State of
Jammu and
Kashmir.

11.  Penetrative Sexual Assault (Section
3)
 Aggravated Penetrative Sexual
Assault (Section 5)
 Sexual Assault (Section 7)
 Aggravated Sexual Assault (Section 9)
 Sexual Harassment of the Child
(Section 11)
 Use of Child for Pornographic
Purposes (Section 13)

12.  Penetrating penis to any extent into the
vagina, mouth, urethra or anus of a child
or makes the child to do so with him or
any other person.
 he inserts, to any extent, any object or a
part of the body, not being the penis into
the vagina, mouth, urethra or anus of a
child or makes the child to do so with him
or any other person.
 manipulates any part of the body of the
child so as to cause penetration into the
vagina, mouth, urethra or anus of a child
or makes the child to do so with him or
any other person.
 applies his mouth into the vagina, mouth,
urethra or anus of a child or makes the
child to do so with him or any other
person.

13. Penetrative sexual assault by:-
 Police Officer
 Member of the armed forces or
security forces
 Public servant
 Management or on the staff of
place of custody
 Management or staff of a hospital,
whether Government or private
 Management or staff of a hospital,
whether Government or private

14.  Gang assault
 When offence causes grievous
hurt
 When offence causes physical or
mental disability
 When offence is committed
taking advantage of child’s
mental or physical disability
 When offence is committed
more than once

15.  Whoever, with sexual intent touches the
vagina, penis, anus or breast of the child
 Or makes the child touch the vagina, penis,
anus or breast of such person
 Or any other person, or does any other act
with sexual intent which involves physical
contact without penetration is said to
commit sexual assault

16.  When child is below 12 years of age
 When offender is a relative of the child
 When attempt is also made to murder the
child
 When offence is committed and child is made
to strip and/ or pared naked in public

17.  When committed by a person who has been
previously convicted of having committed
such an offence, either under this law or any
other law
 When offence is committed in course of
communal or sectarian violence

18. A person is said to commit sexual
harassment upon a child when such
person with sexual intent :—
 Entices a child for pornographic
purposes or gives gratification there
for.
 Makes a child exhibit his body or
any part of his body so as it is seen
by such person or any other person
 Shows any object to a child in any
form or media for pornographic
purposes

19. Whoever, uses a child in any
form of media for the purposes
of sexual gratification, which
includes—
 Representation of the sexual
organs of a child;
 Usage of a child engaged in
real or simulated sexual acts
(with or without penetration);
 The indecent or obscene
representation of a child

20.  Penetrative Sexual Assault 7 years to
imprisonment for life (Section 4)
 Aggravated Penetrative Sexual Assault 10
years to imprisonment for life (Section 6)
 Sexual Assault 3 years to 5 years (Section 8)
 Aggravated Sexual Assault 5 years to 7 years
(Section 10)
 Sexual Harassment of the Child 3 years
(Section 12 )

21.  Use of Child for Pornographic purposes 5
years and in case of subsequent conviction, 7
years (Section 14 (2))
If along with pornographic acts offence also
committed under
 Section 3: 10 years to life imprisonment
(Section 14 (2))
 Section 5: Life imprisonment (Section 14 (3)
)
 Section 7: 6 years to 8 years (Section 14 (4))
 Section 9: 8 years to 10 years (Section 14
(5))

22.  Punishment for storing
pornographic material involving
a child, for commercial
purposes – 3 years (Section 15)
 Burden of proof shifted on
accused in case of serious
offences (Section 3, 5, 7 and 9)

23. Any person (including the
child), who has apprehension
that an offence under this Act
is likely to be committed or
has knowledge that such an
offence has been committed,
he shall provide such
information to:-
(a)the Special Juvenile Police
Unit; or
(b)the local police.

24. The statement of the child shall be recorded at the
residence of the child.
 The police officer while recording the statement of the
child shall not be in uniform.
 The police officer making the investigation, shall, while
examining the child, ensure that at no point of time the
child come in the contact in any way with the accused.
 No child shall be detained in the police station in the
night for any reason.
 The police officer shall ensure that the identity of the
child is protected from the public media, unless
otherwise directed by the Special Court in the interest
of the child

25. ANY QUERY