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Posted by on Feb 4, 2014 in POSCO 2012 |

Protection of Children from Sexual Offences Act, 2012 (Part 2)

Here we will continue with discussion of provisions of Protection of Children from Sexual Offences Act, 2012. For previous part of Act CLICK ME.

Pornographic Use (Section 13-15)

  • Any person uses a child in any form of media for purposes of sexual gratification which includes depiction of sexual organs of child, usage of child in sexual acts and obscene representation of a child shall be guilty of offence of using child for Pornographic purposes.
  • The person uses a child for pornographic purposes shall be liable for punishment of imprisonment up to 5yrs & fine and for subsequent conviction up to 7yrs & fine.
  • The punishment for compounding of offences are as follows:-
    • Pornographic Use + Penetrative Sexual Assault = 10 yrs – life imprisonment +fine.
    • Pornographic Use + Aggravated Penetrative Sexual Assault = Rigorous life imprisonment +fine.
    • Pornographic Use + Sexual Assault = 6–8 yrs + fine.
    • Pornographic Use + Aggravated Sexual Assault = 8–10 yrs + fine.
    • Any person who stores any pornographic material in any form involving a child for commercial purpose shall be liable for punishment up to 3yrs or fine or both.

Abetment of & Attempt to Commit an Offence (Section 16-18)

  • Any person who instigate and helps other persons for doing an offence in any way such as financially or physically or mentally or by abuse of power/position etc. or shall be liable for same punishment as provided for that particular offence.
  • Any person who attempts to commit any offence under this act shall be liable for punishment up to 1/2 of Life Imprisonment or fine or both.

Reporting of Cases

  • Any person (including child) who has knowledge of an offence committed or apprehension of likely to be committed shall provide such information to local police or special juvenile police unit and police shall report to special court within 24 hrs if satisfied.
  • Any personnel of media or studio or hotel or hospital or club has knowledge about any material which is related to sexual exploitation of child in any medium shall report to local police as early as possible.
  • Any of above person above fails to report the commission of an offence under this act shall be liable for punishment of imprisonment up to 6months or fine or both.
  • If any person make any false complaint against a person in respect of sexual offence with solely reasons to humiliate or threaten him shall be punished with imprisonment of 6months or fine or both and for any false reporting of an offence against a child intentionally led to punishment of 1yr or fine or both.

Special Courts (Section 28-38)

  • The State govt shall designate a Session court as Special Court in each district with consultation with Chief Justice of High Court for trial of offences under this act. Also Special Public Prosecutor shall be appointed who has been practising as an advocate for not less than 7yrs.
  • The Special court may take cognizance of offence under this act if committed or not on basis of complaint or police report of such facts.
  • The Special court shall ensure that
    • Dignity of child shall be maintained or no aggressive questioning during trial;
    • Identity of child shall not disclosed during investigation or trial;
    • The child is not called frequently or repeatedly to testify;
    • The atmosphere of court shall be friendly in nature by allowing family member to attend trial.
    • The Special court shall complete trial as far as possible within 1yr from date of taking cognizance of offence and ensure that child shall not see to accused at any time during trial.

Miscellaneous (Section 39-46)

  • The Sexual offences provisions are not applicable in case of medical treatment of child with consent of parents or guardian as case may be.
  • If any offence committed by any child then trial of child shall be in accordance with provisions of Juvenile Justice Act, 2000.
  • The Central and state govt shall take all necessary measures for publicity of act through media to make general public aware about provisions of this act. Also govt shall provide periodic training to officers for better implementation of act.
  • The National Commission for Protection of Child Rights shall monitor implementation of this act in manner as may be prescribed.
  • The Central govt has power to make rules for carrying out provisions of this act.
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