Understanding the Law: Protection of Children From Sexual Offences Act, 2012

19 Apr

Purpose of the Act:

This Act is enacted in accordance with the Convention on the Rights of the Child and Article 15 of the Constitution of India. The purpose of the Act, as mentioned in the Preamble, is as follows,

  1. Proper Development of the Child
  2. Protection of Right to Privacy and confidentiality through all stages of a judicial process involving the Child
  3. Consideration of Best Interest and well-being of the Child to ensure healthy physical, emotional, intellectual and social development of the Child
  4. To prevent inducement or coercion of a child to engage in any unlawful sexual activity
  5. To prevent exploitative use of children in prostitution or other unlawful sexual practices
  6. To prevent exploitative use of children in pornographic performances and materials.

Different types of Assault:         

Penetrative Sexual Activity:

  1. Penetration of penis in the vagina, mouth, urethra or anus of the child with himself or with any other person
  2. Insertion of any object or part of the body in the vagina, mouth, urethra or anus of the child with himself or with any other person
  3. Manipulation of any part of the body of the child in order to cause penetration in the vagina, mouth, urethra or anus of the child with himself or with any other person
  4. Applies mouth in the vagina, mouth, urethra or anus of the child with himself or with any other person

Aggravated Penetrative Sexual Assault

It includes commission of Penetrative Sexual Assault (defined above) in following circumstances,

1.By a Police

  • within the limits of police station, or
  • premise at which he is appoint, or
  • in premise of any station house, or
  • in the course of his duties, or
  • where he is known or identified as a police officer

2. By Armed Forces or Security Forces,

  • Within the limits of the area to which the person is deployed, or
  • In any areas under the command of the forces or armed forces, or
  • In the course of his duties, or
  • Where he is known or identified as member of security or armed forces

3. By Public Servant

4. By a person who is on the management or on staff of,

  • Jail,
  • Remand home,
  • Protection home,
  • Observation home,
  • Hospital – Government or Private,
  • Educational institution or Religious Institutions
  • Or other place of custody or care and protection of children
  • Or ownership or management of any institution providing service to the Child

5. By relative of child through blood or adoption or marriage or guardianship or in foster care or having domestic relationship with a parent of the child or by a person living in the same or shared household with the Child

6. By a person in position of trust or authority of Child

7. Gang Penetrative Sexual Assault

8. Using deadly weapons, fire, heated substance or corrosive substance,

9. Causing

  • grievous hurt or causing bodily harm and injury or injury to the sexual organs of the child,
  • physical incapacities to the child or causes the child to become mentally ill as defined in Section 2(b) of  Mental Health Act, 1987
  • impairment of any kind so as to render the child unable to perform regular task temporarily or permanently;
  • pregnancy to a female child
  • Human Immunodeficiency Virus or any other life threatening disease or infection

10. Taking advantage of a child’s mental or physical disability

11. Commission of Penetrative Sexual Assault more than once or repeatedly

12. To a child below 12 years of age

13. Commits knowing that Child is pregnant

14. Commits and attempts to murder

15. In the course of Communal or Sectarian Violence

16. Previously convicted of offence under the Act or any sexual offence

17. Commits and makes the child to strip and parade  naked in public

Sexual Assault: Includes

  1. Touching of vagina, penis, anus or breast of the child
  2. Make the child touch vagina, penis, anus or breast of the child
  3. Any other act with sexual intent which involves physical contact without penetration

Aggravated Sexual Assault:

Includes Sexual Assault under conditions laid down in Aggravated Penetrative Sexual Assault

Sexual Harassment:

Commission of following act with sexual intent:

  1. Utter word or make any sound with the intention that such word or sound shall be heard
  2.  Make any gesture with the intention that the child sees such gesture.
  3. Exhibit any object or part of body with the intention that the child see such gesture or object or part of body.
  4. Make a child exhibit his body or any part of his body so as it is seen by such person or any other person
  5. Show any object to a child in any form or media for pornographic purposes
  6. Repeatedly or constantly follows or watches or contacts a child either directly or through electronic, digital or any other means
  7. Threaten 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 child in a sexual act
  8. Entices a child for pornographic purposes or gives gratification therefor

Other Offences : Use of Child for Pornographic Purpose in any form of media

List of punishment

 

Penetrative Sexual Assault : Imprisonment for not less than seven years and which may extend to imprisonment for life, and shall also be liable to fine

Aggravated Penetrative Sexual Assault: 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

Sexual Assault: Imprisonment for a term which shall not be less than three years but may extend to five years and shall also be liable to fine.

Aggravated Sexual Assault: Imprisonment for a term which shall not be less than five years but may extend to seven years and shall also be liable to fine.

Sexual Harassment: Imprisonment for a term which may extend to three years and shall also be liable to fine.

Use of Child for Pornograhic Purpose:

  • First Offence: Imprisonment for a term which may extend to five years and shall also be liable to fine.
  • Subsequent Conviction: Imprisonment for a term of either description which may extend to seven years and shall also be liable to fine.
  • Person participating in Penetrative Sexual Offence: Imprisonment for a term of either description which shall not be less than 10 years, may extend to imprisonment for life, and shall also be liable to fine.
  • Person participating in Aggravated Penetrative Sexual Offence: Rigorous Imprisonment for life and shall also be liable to fine.
  • Person participating in Sexual Assault: Imprisonment for a term of either description which shall not be less than 6 years, may extend to 8 years, and shall also be liable to fine.
  • Person participating in Aggravated Sexual Assault: Imprisonment for a term of either description which shall not be less than 8 years, may extend to 10 years, and shall also be liable to fine.

Storing Pornographic Material for Commercial Purpose: Imprisonment of either description which may extend to 3 years or with fine or with both.

Abetment of Offence: Punished with punishment provided for that offence.

Attempt to commit any offence: Punished with punishment provided for that offence which may extend to half of imprisonment provided or with fine or both

Failure to report offence: Imprisonment of either description which may extend to 6 months or with fine or both

Failure to report pornographic material: Imprisonment of either description which may extend to 6 months or with fine or both

Failure to report crimes committed by subordinate:Imprisonment for a term which may extend to one year and with fine (NA for a child)

False Complaint with intention to defame:Imprisonment for a term which may extend to 6 months or with fine or with both (NA for a child)

False Complaint against a child: Imprisonment for a term which may extend to one year or with fine or both

Make report or present comment on Child:Imprisonment of either Description which shall be not less than 6 months but may extend to one year or fine or both

Disclose of Identity of Child:Imprisonment of either Description which shall be not less than 6 months but may extend to one year or fine or both – Publisher and author

 

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3 Responses to “Understanding the Law: Protection of Children From Sexual Offences Act, 2012”

  1. theLargestDemocracy.wordpress.com April 20, 2013 at 7:25 AM #

    Reblogged this on The Largest Democracy and commented:
    Protect the women & children of India, push for strong legislation & police protection and judicial efficiency.

    Justice delayed is justice denied.
    http://thelargestdemocracy.wordpress.com/2013/02/10/new-delhi-the-rape-capital-of-india/

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