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Posted by on Feb 4, 2014 in POSCO 2012 |

Protection of Children from Sexual Offences Act, 2012 (Part1)

The Protection of Children from sexual offences Act seeks to protect children from offences of Sexual Assault, harassment and pornography. The UN convention on Rights of Child (1992) ratified by India requires state parties to take appropriate measures to stop sexual exploitation of children or use of children in prostitution or pornography. Also Article 15, 39 of constitution empowers state to make special provisions for children against exploitation or sexual abuse etc.

Sexual Offences against Children

The ‘Child’ is defined as every person below age of 18 yrs.

Penetrative Sexual Assault (Section 3-4)

  • Any person said to commit “Penetrative Sexual Assault” if
    • He penetrates his penis into vagina, mouth, urethra or anus of child or makes child to do so with him or any other person;
    • He inserts any object into vagina, urethra or anus of child or makes child to do so;
    • Applies his mouth to vagina, penis, anus, urethra of child;
    • He uses any part of body to cause penetration into vagina, urethra, anus or any part of body of child or makes child to do so.
    • Any person who commits Penetrative Sexual Assault shall be liable for punishment of imprisonment not < 7yrs which may extend to life imprisonment and liable for fine as may be determined.

Aggravated Penetrative Sexual Assault (Section 5-6)

  • The person being a member of police or armed/security forces commits a penetrative sexual assault on a child where person deployed or within area under his duty or where he known as member of police or armed forces etc,
  • Whoever commits gang penetrative sexual assault on a child,
  • Whoever in staff of a govt/private hospital or education/religious institution or jail/protection home commits penetrative sexual assault on a child in that respective premises,
  •  Whoever commits penetrative sexual assault which causes any physical/mental incapability to child or makes the child pregnant or cause of infection of HIV/any virus threaten to life,
  • Whoever commits penetrative sexual assault on a child and who has been previously convicted for any sexual offence,
  • Whoever commits penetrative sexual assault on a child
    • using deadly weapon/fire/coercive substance,
    • by taking advantage of child disability,
    • of age of below 12 yrs,
    •  more than once or repeatedly,
    • Being a relative through blood or adoption or marriage or guardianship or neighbour/friend,
    • And attempt to murder the child,

is said to be committed Aggravated Penetrative Sexual Assault.

  • Any person who commits Aggravated Penetrative Sexual Assault shall be liable for rigorous punishment of imprisonment not < 10yrs which may extend to life imprisonment and also liable for fine.

Sexual Assault (Section 7-8)

  • Any person with sexual intent touches penis, vagina, anus, breast of a child or makes physical contact to child with sexual intent without penetration or make child to do so is said to commit Sexual Assault.
  • Any person who commits Sexual Assault shall be liable for punishment of imprisonment not < 3yrs which may extend to 5yrs and also liable for fine.

Aggravated Sexual Assault (Section 9-10)

  • The person being a member of police or armed/security forces commits sexual assault on a child where person deployed or within area under his duty or where he known as member of police or armed forces,
  • Whoever commits gang sexual assault on a child,
  • Whoever in staff of a govt/private hospital or education/religious institution or jail/protection home commits sexual assault on a child in that respective premises,
  •  Whoever commits sexual assault which causes any physical/mental incapability to child or makes the child pregnant or cause of infection of HIV/any virus threaten to life,
  • Whoever commits sexual assault on a child
    • using deadly weapon/fire/coercive substance,
    • by taking advantage of child disability,
    • of age of below 12 yrs,
    •  more than once or repeatedly,
    • Being a relative through blood or adoption or marriage or guardianship or neighbour/friend,
    • And attempt to murder the child,
    • Whoever commits sexual assault on a child and who has been previously convicted for any sexual offence,

is said to commit Aggravated Sexual Assault.

  • Any person who commits Sexual Assault shall be liable for punishment of imprisonment not < 5yrs which may extend to 7yrs and also liable for fine.

Sexual Harassment (Section 11-12)

  • Any person with sexual intent
    • Makes any sound or gesture or exhibit any object or part of body so that child shall be heard or such gesture or exhibition shall be seen by child;
    • Makes a child to exhibit his body or make gesture as it is seen by himself or other person;
    • Constantly follows or watches child either directly or through digital or any other means;
    • Shows any object to child in any form or entice child for pornographic purposes;

is said to commit Sexual Harassment on a child.

  • Any person who commits Sexual Harassment on a child shall be liable for punishment of imprisonment up to 3yrs and fine.
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