THE PROTECTION
OF CHILDREN
FROM SEXUAL
OFFENCES ACT,
2012
Child Sexual Abuse
Child sexual abuse or child molestation is a
form of child abuse in which an adult or
older adolescent ...
Statistics
Indian Statistics
According to Ministry of Child and Women Development,
Government of India survey 2007

53% of children i...
Severe forms of sexual abuse:-

21%

32%

Assault, rape and sadomy
Nude photography of children
Touching or fonding a c...
The Protection of Children from Sexual
Offences Act, 2012
 The Protection of Children from Sexual
Offences Act, 2012 came...
Who come under this Act?
All children whether male
or female below the age
of eighteen come under
this Act.
It extends t...
Types of sexual offences against
children
 Penetrative sexual assault
 Aggravated penetrative sexual
assault
 Sexual as...
Sexual assault and
punishment
therefor
Penetrative Sexual Assault
 Penetrating penis to any extent into the vagina, mouth,
urethra or anus of a child or makes t...
Punishment for penetrative sexual
assault
Whoever commits penetrative
sexual assault shall be punished
with imprisonment o...
Aggravated penetrative sexual
assault
Penetrative sexual assault by:-

 Police Officer
 Member of the armed forces or se...
Other punishable aggravated
sexual assault
After committing penetrative sexual assault
 Stripping and parading a child in...
Whosoever commits sexual assault
on child: Below the age of 12 years
 Knowing that the child is pregnant

 Has previous...
Whosoever commits sexual assault on
child: Causing grievous hurt or
causing Bodily harm and
injury or injury to the sexua...
Punishment for penetrative sexual
assault
Whoever, commits aggravated
sexual assault shall be punished
with imprisonment o...
Sexual harassment
and punishment
therefor
Sexual harassment
A person is said to commit sexual harassment upon a
child when such person with sexual intent :—
 Entic...
Punishment for sexual assault
Whoever commits sexual
harassment upon a child
shall be punished with
imprisonment
of
either...
USING CHILD FOR
PORNOGRAPHIC
PURPOSES AND
PUNISHMENT THEREFOR
Pornographic purposes
Whoever, uses a child in any form of
media for the purposes of sexual
gratification, which includes—...
Punishment for using children for
pornographic purposes
Whoever, uses a child or
children
for
pornographic
purposes shall ...
ABETMENT OF AND
ATTEMPT TO COMMIT
AN OFFENCE
A person abets an offence, who—
— Instigates any person to do that
offence
— Engages with one or more other
person or pers...
Punishment for abetment
 Whoever abets any offence under this Act,
if the act abetted is committed in
consequence of the ...
Procedure for reporting a case
Any person (including the child),
who has apprehension that an
offence under this Act is li...
Procedures for recording the
statement of the child
The statement of the child shall be recorded at the residence of the
c...
The protection of children from sexual offences Act,2012
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The protection of children from sexual offences Act,2012

  1. 1. THE PROTECTION OF CHILDREN FROM SEXUAL OFFENCES ACT, 2012
  2. 2. Child Sexual Abuse 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 (regardless of the outcome), indecent exposure (of the genitals, female nipples, etc.) to a child with intent to gratify their own sexual desires or to intimidate or groom the child, physical sexual contact with a child, or using a child to produce child pornography.
  3. 3. Statistics
  4. 4. Indian Statistics 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.
  5. 5. Severe forms of sexual abuse:- 21% 32% 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
  6. 6. The Protection of Children from Sexual Offences Act, 2012  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 and have a clear definition for all types of sexual abuses like sexual harassment, penetrative or nonpenetrative sexual abuse, and pornography.
  7. 7. Who come under this Act? 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.
  8. 8. Types of sexual offences against children  Penetrative sexual assault  Aggravated penetrative sexual assault  Sexual assault  Aggravated sexual assault  Sexual harassment  Using child for pornographic purposes
  9. 9. Sexual assault and punishment therefor
  10. 10. Penetrative Sexual Assault  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.
  11. 11. Punishment for penetrative sexual assault Whoever commits penetrative sexual assault shall be punished with 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.
  12. 12. Aggravated penetrative sexual assault 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
  13. 13. Other punishable aggravated sexual assault After committing penetrative sexual assault  Stripping and parading a child in public  Attempting to murder that child Penetrative sexual assault which: Physically incapacitates the child or mentally ill  Inflicts the child with Human Immunodeficiency  More than once or repeatedly
  14. 14. Whosoever commits sexual assault on child: Below the age of 12 years  Knowing that the child is pregnant  Has previous record of any kind of sexual assault  Taking advantage of physical and mental illness of child  Being a relative of the child through blood or adoption or marriage or guardianship or in foster care, or having domestic relationship with a parent of the child, or who is living in the same or shared household with the child.  In the course of communal or sectarian violence  Being in a position of trust or authority of a child, commits sexual assault on the child in an institution or home of the child or anywhere else  Being in the ownership or management or staff, of any institution providing services to the child, commits sexual assault on the child in such institution
  15. 15. Whosoever commits sexual assault on child: Causing grievous hurt or causing Bodily harm and injury or injury to the sexual organs of the child  Using deadly weapons, fire, heated substance or corrosive substance  Commits gang sexual assault on a child
  16. 16. Punishment for penetrative sexual assault Whoever, commits aggravated sexual assault shall be punished with imprisonment of either description for a term which shall not be less than five years but which may extend to seven years, and shall also be liable to fine.
  17. 17. Sexual harassment and punishment therefor
  18. 18. Sexual harassment 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 therefor  Entices a child for pornographic purposes or gives gratification therefor  Makes a child exhibit his body or any part of his body so as it is seen by such person or any other person  Utters any word or makes any sound, or makes any gesture or exhibits any object or part of body with the intention that such word or sound shall be heard, or such gesture or object or part of body shall be seen by the child  Shows any object to a child in any form or media for pornographic purposes  Shows any object to a child in any form or media for pornographic purposes
  19. 19. Punishment for sexual assault Whoever commits sexual harassment upon a child shall be punished with imprisonment of either description for a term which may extend to three years and shall also be liable to fine.
  20. 20. USING CHILD FOR PORNOGRAPHIC PURPOSES AND PUNISHMENT THEREFOR
  21. 21. Pornographic purposes 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
  22. 22. Punishment for using children for pornographic purposes Whoever, uses a child or children for pornographic purposes shall be punished with imprisonment of either description which may vary from minimum of five years to life imprisonment depending upon the nature of case and shall also be liable to pay fine.
  23. 23. ABETMENT OF AND ATTEMPT TO COMMIT AN OFFENCE
  24. 24. A person abets an offence, who— — Instigates any person to do that offence — Engages with one or more other person or persons in any conspiracy for the doing of that offence, if an act or illegal omission takes place in pursuance of that conspiracy, and in order to the doing of that offence —Intentionally aids, by any act or illegal omission, the doing of that offence
  25. 25. Punishment for abetment  Whoever abets any offence under this Act, if the act abetted is committed in consequence of the abetment, shall be punished with punishment provided for that offence.  Whoever attempts to commit any offence punishable under this Act or to cause such an offence to be committed, and in such attempt, does any act towards the commission of the offence, shall be punished with imprisonment of any description provided for the offence, for a term which may extend to one-half of the imprisonment for life or, as the case may be, one-half of the longest term of imprisonment provided for that offence or with fine or with both.
  26. 26. Procedure for reporting a case 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.
  27. 27. Procedures for recording the statement of the child The statement of the child shall be recorded at the residence of the child or at a place where he usually resides or at the place of his choice and as far as practicable by a woman police officer not below the rank of sub-inspector.  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

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