THE PROTECTION OF CHILDREN FROM SEXUAL OFFENCES BILL, 2012

AS PASSED BY THE RAJYA SABHA
ON 10TH MAY, 2012
Bill No. XIV-C of 2011
THE PROTECTION OF CHILDREN FROM SEXUAL OFFENCES
BILL, 2012
—————
ARRANGEMENT OF CLAUSES
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CHAPTER I
PRELIMINARY
CLAUSES
1. Short title, extent and commencement.
2. Definitions.
CHAPTER II
SEXUAL OFFENCES AGAINST CHILDREN
A.—PENETRATIVE SEXUAL ASSAULT AND PUNISHMENT THEREFOR
3. Penetrative sexual assault.
4. Punishment for penetrative sexual assault.
B.—AGGRAVATED PENETRATIVE SEXUAL ASSAULT AND PUNISHMENT THEREFOR
5. Aggravated penetrative sexual assault.
6. Punishment for aggravated penetrative sexual assault.
C.—SEXUAL ASSAULT AND PUNISHMENT THEREFOR
7. Sexual assault.
8. Punishment for sexual assault.
D.—AGGRAVATED SEXUAL ASSAULT AND PUNISHMENT THEREFOR
9. Aggravated sexual assault.
10. Punishment for aggravated sexual assault.
E.—SEXUAL HARASSMENT AND PUNISHMENT THEREFOR
11. Sexual harassment.
12. Punishment for sexual harassment.
CHAPTER III
USING CHILD FOR PORNOGRAPHIC PURPOSES AND PUNISHMENT THEREFOR
13. Use of child for pornographic purposes.
14. Punishment for using child for pornographic purposes.
15. Punishment for storage of pornographic material involving child.
CHAPTER IV
ABETMENT OF AND ATTEMPT TO COMMIT AN OFFENCE
16. Abetment of an offence.
17. Punishment for abetment.
18. Punishment for attempt to commit an offence.CHAPTER V
PROCEDURE FOR REPORTING OF CASES
19. Reporting of offences.
20. Obligation of media, studio and photographic facilities to report cases.
21. Punishment for failure to report or record a case.
22. Punishment for false complaint or false information.
23. Procedure for media.
CHAPTER VI

PROCEDURES FOR RECORDING STATEMENT OF THE CHILD
24. Recording of statement of a child.
25. Recording of statement of a child by Magistrate.
26. Additional provisions regarding statement to be recorded.
27. Medical examination of a child.
CHAPTER VII
SPECIAL COURTS
28. Designation of Special Courts.
29. Presumption as to certain offences.
30. Presumption of culpable mental state.
31. Application of Code of Criminal Procedure, 1973 to proceedings before a Special Court.
32. Special Public Prosecutors.
CHAPTER VIII
PROCEDURE AND POWERS OF SPECIAL COURTS AND RECORDING EVIDENCE
33. Procedure and powers of Special Court.
34. Procedure in case of commission of offence by child and determination of age by
Special Court.
35. Period for recording of evidence of child and disposal of case.
36. Child not to see accused at the time of testifying.
37. Trials to be conducted in camera.
38. Assistance of an interpreter or expert while recording evidence of child.
CHAPTER IX
MISCELLANEOUS
39. Guidelines for child to take assistance of experts, etc.
40. Right of child to take assistance of legal practitioner.
41. Provisions of sections 3 to 13 not to apply in certain cases.
42. Alternative punishment.
43. Public awareness about Act.
44. Monitoring of implementation of Act.
45. Power to make rules.
46. Power to remove difficulties.
THE SCHEDULE.
(ii)
CLAUSESTHE PROTECTION OF CHILDREN FROM SEXUAL OFFENCES
BILL, 2012
(AS PASSED BY THE RAJYA SABHA)
A
BILL
to protect children from offences of sexual assault, sexual harassment and pornography
and provide for establishment of Special Courts for trial of such offences and for
matters connected therewith or incidental thereto.
WHEREAS clause (3) of article 15 of the Constitution, inter alia, empowers the State to
make special provisions for children;
AND WHEREAS, the Government of India has acceded on the 11th December, 1992 to the
Convention on the Rights of the Child, adopted by the General Assembly of the United
Nations, which has prescribed a set of standards to be followed by all State parties in
securing the best interests of the child;
AND WHEREAS it is necessary for the proper development of the child that his or her
right to privacy and confidentiality be protected and respected by every person by all means
and through all stages of a judicial process involving the child;
AND WHEREAS it is imperative that the law operates in a manner that the best interest
and well being of the child are regarded as being of paramount importance at every stage, to
ensure the healthy physical, emotional, intellectual and social development of the child;
AND WHEREAS the State Parties to the Convention on the Rights of the Child are
required to undertake all appropriate national, bilateral and multilateral measures to prevent—
(a) the inducement or coercion of a child to engage in any unlawful sexual activity;
 (b) the exploitative use of children in prostitution or other unlawful sexual practices;
 (c) the exploitative use of children in pornographic performances and materials;
Bill No. XIV-C of 2011
AS PASSED BY THE RAJYA SABHA
ON 10TH MAY, 20122
AND WHEREAS sexual exploitation and sexual abuse of children are heinous crimes and
need to be effectively addressed.
BE it enacted by Parliament in the Sixty-third Year of the Republic of India as follows:—
CHAPTER I
PRELIMINARY
1. (1) This Act may be called the Protection of Children from Sexual Offences Act, 2012.
(2) It extends to the whole of India, except the State of Jammu and Kashmir.
(3) It shall come into force on such date as the Central Government may, by notification
in the Official Gazette, appoint.
2. (1) In this Act, unless the context otherwise requires, —
(a) "aggravated sexual assault" has the same meaning as assigned to it in section 9;
(b) "aggravated penetrative sexual assault" has the same meaning as assigned
to it in section 5;
(c) "armed forces or security forces" means armed forces of the Union or security
forces or police forces, as specified in the Schedule;
(d) "child" means any person below the age of eighteen years;
(e) "domestic relationship" shall have the same meaning as assigned to it in
clause (f) of section 2 of the Protection of Women from Domestic Violence Act, 2005;
(f) "penetrative sexual assault" has the same meaning as assigned to it in section 3;
(g) “prescribed” means prescribed by rules made under this Act;
(h) “religious institution” shall have the same meaning as assigned to it in the
Religious Institutions (Prevention of Misuse) Act, 1988;
(i) "sexual assault" has the same meaning as assigned to it in section 7;
(j) "sexual harassment" has the same meaning as assigned to it in section 11;
(k) "shared household" means a household where the person charged with the
offence lives or has lived at any time in a domestic relationship with the child;
(l) "Special Court" means a court designated as such under section 28;
(m) "Special Public Prosecutor" means a Public Prosecutor appointed under section 32;
(2) The words and expressions used herein and not defined but defined in the Indian
Penal Code, the Code of Criminal Procedure, 1973, the Juvenile Justice (Care and Protection
of Children) Act, 2000 and the Information Technology Act, 2000 shall have the meanings
respectively assigned to them in the said Codes or the Acts.
CHAPTER II
SEXUAL OFFENCES AGAINST CHILDREN
A.—PENETRATIVE SEXUAL ASSAULT AND PUNISHMENT THEREFOR
3. A person is said to commit "penetrative sexual assault" if—
(a) he penetrates his 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; or
(b) he inserts, to any extent, any object or a part of the body, not being the penis,
into the vagina, the urethra or anus of the child or makes the child to do so with him or
any other person; or
Short title,
extent and
commencement.
43 of 2005.
45 of 1860.
2 of 1974.
56 of 2000.
21 of 2000.
Definitions.
Penetrative
sexual assault.
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41 of 1988.3
(c) he manipulates any part of the body of the child so as to cause penetration
into the vagina, urethra, anus or any part of body of the child or makes the child to do
so with him or any other person; or
(d) he applies his mouth to the penis, vagina, anus, urethra of the child or makes
the child to do so to such person or any other person.
4. 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.
B.—AGGRAVATED PENETRATIVE SEXUAL ASSAULT AND PUNISHMENT THEREFOR
 5. (a) Whoever, being a police officer, commits penetrative sexual assault on a child —
(i) within the limits of the police station or premises at which he is appointed; or
(ii) in the premises of any station house, whether or not situated in the police
station, to which he is appointed; or
(iii) in the course of his duties or otherwise; or
(iv) where he is known as, or identified as, a police officer; or
(b) Whoever being a member of the armed forces or security forces commits penetrative
sexual assault on a child—
(i) within the limits of the area to which the person is deployed; or
(ii) in any areas under the command of the forces or armed forces; or
(iii) in the course of his duties or otherwise; or
(iv) where the said person is known or identified as a member of the security or
armed forces; or
(c) whoever being a public servant commits penetrative sexual assault on a child; or
(d) whoever being on the management or on the staff of a jail, remand home, protection
home, observation home, or other place of custody or care and protection established by or
under any law for the time being in force, commits penetrative sexual assault on a child,
being inmate of such jail, remand home, protection home, observation home, or other place of
custody or care and protection; or
(e) whoever being on the management or staff of a hospital, whether Government or
private, commits penetrative sexual assault on a child in that hospital; or
(f) whoever being on the management or staff of an educational institution or religious
institution, commits penetrative sexual assault on a child in that institution;
Explanation.—When a child is subjected to sexual assault by one or more persons of
a group in furtherance of their common intention, each of such persons shall be deemed to
have committed gang penetrative sexual assault within the meaning of this clause and each
of such person shall be liable for that act in the same manner as if it were done by him alone;
or
(g) whoever commits gang penetrative sexual assault on a child; or
(h) whoever commits penetrative sexual assault on a child using deadly weapons, fire,
heated substance or corrosive substance; or
(i) whoever commits penetrative sexual assault causing grievous hurt or causing bodily
harm and injury or injury to the sexual organs of the child; or
Punishment
for
penetrative
sexual assault.
Aggravated
penetrative
sexual assault.
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(j) whoever commits penetrative sexual assault on a child, which—
(i) physically incapacitates the child or causes the child to become mentally ill
as defined under clause (1) of section 2 of the Mental Health Act, 1987 or causes
impairment of any kind so as to vender the child unable to perform regular tasks,
temporarily or permanently; or
(ii) in the case of female child, makes the child pregnant as a consequence of
sexual assault;
(iii) inflicts the child with Human Immunodeficiency Virus or any other life
threatening disease or infection which may either temporarily or permanently impair
the child by rendering him physically incapacitated, or mentally ill to perform regular
tasks; or
(k) whoever, taking advantage of a child's mental or physical disability, commits
penetrative sexual assault on the child; or
(l) whoever commits penetrative sexual assault on the child more than once or
repeatedly; or
(m) whoever commits penetrative sexual assault on a child below twelve years; or
(n) whoever being a relative of the child through blood or adoption or marriage or
guardianship or in foster care or having a domestic relationship with a parent of the child or
who is living in the same or shared household with the child, commits penetrative sexual
assault on such child; or
(o) whoever being, in the ownership, or management, or staff, of any institution
providing services to the child, commits penetrative sexual assault on the child; or
(p) whoever being in a position of trust or authority of a child commits penetrative
sexual assault on the child in an institution or home of the child or any where else; or
(q) whoever commits penetrative sexual assault on a child knowing the child is pregnant;
or
(r) whoever commits penetrative sexual assault on a child and attempts to murder the
child; or
(s) whoever commits penetrative sexual assault on a child in the course of communal or
sectarian violence; or
(t) whoever commits penetrative sexual assault on a child and who has been previously
convicted of having committed any offence under this Act or any sexual offence punishable
under any other law for the time being in force; or
(u) whoever commits penetrative sexual assault on a child and makes the child to strip
or parade naked in public,
is said to commit aggravated penetrative sexual assault.
6. Whoever, commits aggravated penetrative sexual assault, shall be punished with
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.
C.—SEXUAL ASSAULT AND PUNISHMENT THEREFOR
7. 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.
Punishment
for aggravated
penetrative
sexual assault.
Sexual Assault.
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14 of 1987.5
8. Whoever, commits sexual assault, shall be punished with imprisonment of either
description for a term which shall not be less than three years but which may extend to five
years, and shall also be liable to fine.
D.—AGGRAVATED SEXUAL ASSAULT AND PUNISHMENT THEREFOR
9. (a) Whoever, being a police officer, commits sexual assault on a child—
(i) within the limits of the police station or premises where he is appointed; or
(ii) in the premises of any station house whether or not situated in the police
station to which he is appointed; or
(iii) in the course of his duties or otherwise; or
(iv) where he is known as, or identified as a police officer; or
(b) whoever, being a member of the armed forces or security forces, commits sexual
assault on a child—
(i) within the limits of the area to which the person is deployed; or
(ii) in any areas under the command of the security or armed forces; or
(iii) in the course of his duties or otherwise; or
(iv) where he is known or identified as a member of the security or armed forces; or
(c) whoever being a public servant commits sexual assault on a child; or
(d) whoever being on the management or on the staff of a jail, or remand home or
protection home or observation home, or other place of custody or care and protection
established by or under any law for the time being in force commits sexual assault on a child
being inmate of such jail or remand home or protection home or observation home or other
place of custody or care and protection; or
(e) whoever being on the management or staff of a hospital, whether Government or
private, commits sexual assault on a child in that hospital; or
(f) whoever being on the management or staff of an educational institution or religious
institution, commits sexual assault on a child in that institution; or
(g) whoever commits gang sexual assault on a child ;
Explanation.—When a child is subjected to sexual assault by one or more persons of
a group in furtherance of their common intention, each of such persons shall be deemed to
have committed gang penetrative sexual assault within the meaning of this clause and each
of such person shall be liable for that act in the same manner as if it were done by him alone;
or
(h) whoever commits sexual assault on a child using deadly weapons, fire, heated
substance or corrosive substance; or
(i) whoever commits sexual assault causing grievous hurt or causing Bodily harm and
injury or injury to the sexual organs of the child; or
(j) whoever commits sexual assault on a child, which—
(i) physically incapacitates the child or causes the child to become mentally ill as
defined under clause (1) of section 2 of the Mental Health Act, 1987 or causes impairment
of any kind so as to render the child unable to perform regular tasks, temporarily or
permanently; or
(ii) inflicts the child with Human Immunodeficiency Virus or any other life
threatening disease or infection which may either temporarily or permanently impair
the child by rendering him physically incapacitated, or mentally ill to perform regular
tasks; or
Punishment for
sexual assault.
Aggravated
Sexual Assault.
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14 of 19876
(k) whoever, taking advantage of a child’s mental or physical disability, commits
sexual assault on the child; or
(l) whoever commits sexual assault on the child more than once or repeatedly; or
(m) whoever commits sexual assault on a child below twelve years; or
(n) whoever, 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, commits sexual assault on such child; or
(o) whoever 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; or
(p) whoever, 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; or
(q) whoever commits sexual assault on a child knowing the child is pregnant; or
(r) whoever commits sexual assault on a child and attempts to murder the child; or
(s) whoever commits sexual assault on a child in the course of communal or sectarian
violance; or
(t) whoever commits sexual assault on a child and who has been previously convicted
of having committed any offence under this Act or any sexual offence punishable under any
other law for the time being in force; or
(u) whoever commits sexual assault on a child and makes the child to strip or parade
naked in public,
is said to commit aggravated sexual assault.
10. 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.
E.—SEXUAL HARASSMENT AND PUNISHMENT THEREFOR
11. A person is said to commit sexual harassment upon a child when such person with
sexual intent,—
(i) 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; or
(ii) makes a child exhibit his body or any part of his body so as it is seen by such
person or any other person; or
(iii) shows any object to a child in any form or media for pornographic purposes; or
(iv) repeatedly or constantly follows or watches or contacts a child either directly
or through electronic, digital or any other means; or
(v) threatens 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 the child in a sexual act; or
(vi) entices a child for pornographic purposes or gives gratification therefor.
Explanation.—Any question which involves “sexual intent” shall be a question of fact.
12. 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.
CHAPTER III
USING CHILD FOR PORNOGRAPHIC PURPOSES AND PUNISHMENT THEREFOR
13. Whoever, uses a child in any form of media (including programme or advertisement
telecast by television channels or internet or any other electronic form or printed form,
whether or not such programme or advertisement is intended for personal use or for
distribution), for the purposes of sexual gratification, which includes—
(a) representation of the sexual organs of a child;
(b) usage of a child engaged in real or simulated sexual acts (with or without
penetration);
(c) the indecent or obscene representation of a child,
shall be guilty of the offence of using a child for pornographic purposes.
Punishment
for aggravated
sexual assault.
Sexual
harassment.
Punishment
for sexual
harassment.
Use of child for
pornographic
purposes.
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Explanation.—For the purposes of this section, the expression ‘‘use a child’’ shall
include involving a child through any medium like print, electronic, computer or any other
technology for preparation, production, offering, transmitting, publishing, facilitation and
distribution of the pornographic material.
14. (1) Whoever, uses a child or children for pornographic purposes shall be punished
with imprisonment of either description which may extend to five years and shall also be
liable to fine and in the event of second or subsequent conviction with imprisonment of
either description for a term which may extend to seven years and also be liable to fine.
(2) If the person using the child for pornographic purposes commits an offence referred
to in section 3, by directly participating in pornographic acts, he shall be punished with
imprisonment of either description 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.
(3) if the person using the child for pornographic purposes commits an offence referred
to in section 5, by directly participating in pornographic acts, he shall be punished for
rigorous imprisonment for life and shall also be liable to fine.
(4) If the person using the child for pornographic purposes commits an offence referred
to in section 7, by directly participating in pornographic acts, he shall be punished with
imprisonment of either description for a term which shall not be less than six years but which
may extend to eight years, and shall also be liable to fine.
(5) If the person using the child for pornographic purposes commits an offence referred
to in section 9, by directly participating in pornographic acts, he shall be punished with
imprisonment of either description for a term which shall not be less than eight years but
which may extend to ten years, and shall also be liable to fine.
15. Any person, who stores, for commercial purposes any pornographic material in
any form involving a child shall be punished with imprisonment of either description which
may extend to three years or with fine or with both.
CHAPTER IV
ABETMENT OF AND ATTEMPT TO COMMIT AN OFFENCE
16. A person abets an offence, who—
First.— Instigates any person to do that offence; or
Secondly.— 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; or
Thirdly.—Intentionally aids, by any act or illegal omission, the doing of that
offence.
Explanation I.— A person who, by wilful misrepresentation, or by wilful concealment
of a material fact, which he is bound to disclose, voluntarily causes or procures, or attempts
to cause or procure a thing to be done, is said to instigate the doing of that offence.
Explanation II.—Whoever, either prior to or at the time of commission of an act, does
anything in order to facilitate the commission of that act, and thereby facilitates the commission
thereof, is said to aid the doing of that act.
Explanation III.—Whoever employ, harbours, receives or transports a child, by means
of threat or use of force or other forms of coercion, abduction, fraud, deception, abuse of
power or of a position, vulnerability or the giving or receiving of payments or benefits to
achieve the consent of a person having control over another person, for the purpose of any
offence under this Act, is said to aid the doing of that act.
17. 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.
Explanation. — An act or offence is said to be committed in consequence of abetment,
when it is committed in consequence of the instigation, or in pursuance of the conspiracy or
with the aid, which constitutes the abetment.
18. 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
Punishment for
using child for
pornographic
purposes.
Punishment
for storage of
pornographic
material
involving
child.
Abetment of
an offence.
Punishment for
abetment.
Punishment
for attempt to
commit an
offence.
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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.
CHAPTER V
PROCEDURE FOR REPORTING OF CASES
19. (1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973,
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.
(2) Every report given under sub-section (1) shall be—
(a) ascribed an entry number and recorded in writing;
(b) be read over to the informant;
(c) shall be entered in a book to be kept by the Police Unit.
(3) Where the report under sub-section (1) is given by a child, the same shall be
recorded under sub-section (2) in a simple language so that the child understands contents
being recorded.
(4) In case contents are being recorded in the language not understood by the child or
wherever it is deemed necessary, a translator or an interpreter, having such qualifications,
experience and on payment of such fees as may be prescribed, shall be provided to the child
if he fails to understand the same.
(5) Where the Special Juvenile Police Unit or local police is satisfied that the child
against whom an offence has been committed is in need of care and protection, then, it shall,
after recording the reasons in writing, make immediate arrangement to give him such care and
protection (including admitting the child into shelter home or to the nearest hospital) within
twenty-four hours of the report, as may be prescribed.
(6) The Special Juvenile Police Unit or local police shall, without unnecessary delay
but within a period of twenty-four hours, report the matter to the Child Welfare Committee
and the Special Court or where no Special Court has been designated, to the Court of
Session, including need of the child for care and protection and steps taken in this regard.
(7) No person shall incur any liability, whether civil or criminal, for giving the information
in good faith for the purpose of sub-section (1).
20. Any personnel of the media or hotel or lodge or hospital or club or studio or
photographic facilities, by whatever name called, irrespective of the number of persons
employed therein, shall, on coming across any material or object which is sexually exploitative
of the child (including pornographic, sexually-related or making obscene representation of a
child or children) through the use of any medium, shall provide such information to the
Special Juvenile Police Unit, or to the local police, as the case may be.
21. (1) Any person, who fails to report the commission of an offence under subsection (1) of section 19 or section 20 or who fails to record such offence under sub-section
(2) of section 19 shall be punished with imprisonment of either description which may extend
to six months or with fine or with both.
(2) Any person, being in-charge of any company or an institution (by whatever name
called) who fails to report the commission of an offence under sub-section (1) of section 19
in respect of a subordinate under his control, shall be punished with imprisonment for a term
which may extend to one year and with fine.
(3) The provisions of sub-section (1) shall not apply to a child under this Act.
22. (1) Any person, who makes false complaint or provides false information against
any person, in respect of an offence committed under sections 3, 5, 7 and section 9, solely
with the intention to humiliate, extort or threaten or defame him, shall be punished with
imprisonment for a term which may extend to six months or with fine or with both.
(2) Where a false complaint has been made or false information has been provided by
a child, no punishment shall be imposed on such child.
(3) Whoever, not being a child, makes a false complaint or provides false information
against a child, knowing it to be false, thereby victimising such child in any of the offences
under this Act, shall be punished with imprisonment which may extend to one year or with
fine or with both.
Obligation of
media, studio
and
photographic
facilities to
report cases.
Punishment
for failure to
report or
record a case.
Punishment
for false
complaint
or false
information.
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Reporting of 2 of 1974.
offences.
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23. (1) No person shall make any report or present comments on any child from any
form of media or studio or photographic facilities without having complete and authentic
information, which may have the effect of lowering his reputation or infringing upon his
privacy.
(2) No reports in any media shall disclose, the identity of a child including his name,
address, photograph, family details, school, neighbourhood or any other particulars which
may lead to disclosure of identity of the child:
Provided that for reasons to be recorded in writing, the Special Court, competent to try
the case under the Act, may permit such disclosure, if in its opinion such disclosure is in the
interest of the child.
(3) The publisher or owner of the media or studio or photographic facilities shall be
jointly and severally liable for the acts and omissions of his employee.
(4) Any person who contravenes the provisions of sub-section (1) or sub-section (2)
shall be liable to be punished with imprisonment of either description for a period which shall
not be less than six months but which may extend to one year or with fine or with both.
CHAPTER VI
PROCEDURES FOR RECORDING STATEMENT OF THE CHILD
24. (1) 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.
(2) The police officer while recording the statement of the child shall not be in uniform.
(3) 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.
(4) No child shall be detained in the police station in the night for any reason.
(5) 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. (1) If the statement of the child is being recorded under section 164 of the Code of
Criminal Procedure, 1973 (herein referred to as the Code), the Magistrate recording such
statement shall, notwithstanding anything contained therein, record the statement as spoken
by the child:
Provided that the provisions contained in the first proviso to sub-section (1) 164 of the
Code shall, so far it permits the presence of the advocate of the accused shall not apply in
this case.
(2) The Magistrate shall provide to the child and his parents or his representative, a
copy of the document specified under section 207 of the Code, upon the final report being
filed by the police under section 173 of that Code.
26. (1) The Magistrate or the police officer, as the case may be, shall record the
statement as spoken by the child in the presence of the parents of the child or any other
person in whom the child has trust or confidence.
(2) Wherever necessary, the Magistrate or the police officer, as the case may be, may
take the assistance of a translator or an interpreter, having such qualifications, experience
and on payment of such fees as may be prescribed, while recording the statement of the
child.
(3) The Magistrate or the police officer, as the case may be, may, in the case of a child
having a mental or physical disability, seek the assistance of a special educator or any
person familiar with the manner of communication of the child or an expert in that field,
having such qualifications, experience and on payment of such fees as may be prescribed, to
record the statement of the child.
(4) Wherever possible, the Magistrate or the police officer, as the case may be, shall
ensure that the statement of the child is also recorded by audio-video electronic means.
Procedure for
media.
Recording of
statement of a
child.
Additional
provisions
regarding
statement to
be recorded.
2 of 1974.
5
10
15
20
25
30
35
40
45
Recording of
statement of a
child by
Magistrate.
5010
27. (1) The medical examination of a child in respect of whom any offence has been
committed under this Act, shall, notwithstanding that a First Information Report or complaint
has not been registered for the offences under this Act, be conducted in accordance with
section 164A of the Code of Criminal Procedure, 1973.
 (2) In case the victim is a girl child, the medical examination shall be conducted by a
woman doctor.
 (3) The medical examination shall be conducted in the presence of the parent of the
child or any other person in whom the child reposes trust or confidence.
 (4) Where, in case the parent of the child or other person referred to in sub-section (3)
cannot be present, for any reason, during the medical examination of the child, the medical
examination shall be conducted in the presence of a woman nominated by the head of the
medical institution.
CHAPTER VII
SPECIAL COURTS
28. (1) For the purposes of providing a speedy trial, the State Government shall in
consultation with the Chief Justice of the High Court, by notification in the Official Gazette,
designate for each district, a Court of Session to be a Special Court to try the offences under
the Act:
Provided that if a Court of Session is notified as a children’s court under the
Commissions for Protection of Child Rights Act, 2005 or a Special Court designated for
similar purposes under any other law for the time being in force, then, such court shall be
deemed to be a Special Court under this section.
(2) While trying an offence under this Act, a Special Court shall also try an offence
[other than the offence referred to in sub-section (1)], with which the accused may, under
the Code of Criminal Procedure, 1973, be charged at the same trial.
(3) The Special Court constituted under this Act, notwithstanding anything in the
Information Technology Act, 2000, shall have jurisdiction to try offences under section 67B of
that Act in so far as it relates to publication or transmission of sexually explicit material depicting
children in any act, or conduct or manner or facilitates abuse of children online.
29. Where a person is prosecuted for committing or abetting or attempting to commit
any offence under sections 3, 5, 7 and section 9 of this Act, the Special Court shall presume,
that such person has committed the offence, unless the contrary is proved.
30. (1) In any prosecution for any offence under this Act which requires a culpable
mental state on the part of the accused, the Special Court shall presume the existence of
such mental state but it shall be a defence for the accused to prove the fact that he had no
such mental state with respect to the act charged as an offence in that prosecution.
(2) For the purposes of this section, a fact is said to be proved only when the Special
Court believes it to exist beyond reasonable doubt and not merely when its existence is
established by a preponderance of probability.
Explanation.—In this section, "culpable mental state" includes intention, motive,
knowledge of a fact and the belief in, or reason to believe, a fact.
31. Save as otherwise provided in this Act, the provisions of the Code of Criminal
Procedure, 1973 (including the provisions as to bail and bonds) shall apply to the proceedings
before a Special Court and for the purposes of the said provisions, the Special Court shall
be deemed to be a Court of Sessions and the person conducting a prosecution before
a Special Court, shall be deemed to be a Public Prosecutor.
2 of 1974.
Application of
Code of
Criminal
Procedure,
1973 to
proceedings
before a
Special Court.
2 of 1974.
2 of 1974.
5
10
15
20
25
30
35
40
45
Medical
examination
of a child.
Designation
of Special
Courts.
Presumption
as to certain
offences.
Presumption
of culpable
mental state.
21 of 2000.
4 of 2006.11
32. (1) The State Government shall, by notification in the Official Gazette, appoint a
Special Public Prosecutor for every Special Court for conducting cases only under the
provisions of this Act.
(2) A person shall be eligible to be appointed as a Special Public Prosecutor under subsection (1) only if he had been in practice for not less than seven years as an advocate.
(3) Every person appointed as a Special Public Prosecutor under this section shall be
deemed to be a Public Prosecutor within the meaning of clause (u) of section2of the Code of
Criminal Procedure , 1973 and provision of that Code shall have effect accordingly.
CHAPTER VIII
PROCEDURE AND POWERS OF SPECIAL COURTS AND RECORDING OF EVIDENCE
33. (1) A Special Court may take cognizance of any offence, without the accused being
committed to it for trial, upon receiving a complaint of facts which constitute such offence, or
upon a police report of such facts.
(2) The Special Public Prosecutor, or as the case may be, the counsel appearing for the
accused shall, while recording the examination-in-chief, cross-examination or re-examination
of the child, communicate the questions to be put to the child to the Special Court which shall
in turn put those questions to the child.
(3) The Special Court may, if it considers necessary, permit frequent breaks for the
child during the trial.
(4) The Special Court shall create a child-friendly atmosphere by allowing a family
member, a guardian, a friend or a relative, in whom the child has trust or confidence, to be
present in the court.
(5) The Special Court shall ensure that the child is not called repeatedly to testify in the
court.
(6) The Special Court shall not permit aggressive questioning or character assassination
of the child and ensure that dignity of the child is maintained at all times during the trial.
(7) The Special Court shall ensure that the identity of the child is not disclosed at any
time during the course of investigation or trial:
Provided that for reasons to be recorded in writing, the Special Court may permit such
disclosure, if in its opinion such disclosure is in the interest of the child.
Explanation.—For the purposes of this sub-section, the identity of the child shall
include the identity of the child's family, school, relatives, neighbourhood or any other
information by which the identity of the child may be revealed.
(8) In appropriate cases, the Special Court may, in addition to the punishment, direct
payment of such compensation as may be prescribed to the child for any physical or mental
trauma caused to him or for immediate rehabilitation of such child.
(9) Subject to the provisions of this Act, a Special Court shall, for the purpose of the
trial of any offence under this Act, have all the powers of a Court of Session and shall try
such offence as if it were a Court of Session, and as far as may be, in accordance with the
procedure specified in the Code of Criminal Procedure, 1973 for trial before a Court of Session.
34. (1) Where any offence under this Act is committed by a child, such child shall be
dealt with under the provisions of the Juvenile Justice (Care and Protection of Children)
Act, 2000.
(2) If any question arises in any proceeding before the Special Court whether a person
is a child or not, such question shall be determined by the Special Court after satisfying itself
about the age of such person and it shall record in writing its reasons for such determination.
2 of 1974.
Procedure in
case of
commission of
offence by
child and
determination
of age by
Special Court.
56 of 2000.
5
10
15
20
25
30
35
40
Special Public
Prosecutors.
Procedure and
powers of
Special Court.
2 of 1974.
4512
(3) No order made by the Special Court shall be deemed to be invalid merely by any
subsequent proof that the age of a person as determined by it under sub-section (2) was not
the correct age of that person.
35. (1) The evidence of the child shall be recorded within a period of thirty days of the
Special Court taking cognizance of the offence and reasons for delay, if any, shall be recorded
by the Special Court.
(2) The Special Court shall complete the trial, as far as possible, within a period of one
year from the date of taking cognizance of the offence.
36. (1) The Special Court shall ensure that the child is not exposed in any way to the
accused at the time of recording of the evidence, while at the same time ensuring that the
accused is in a position to hear the statement of the child and communicate with his advocate.
(2) For the purposes of sub-section (1), the Special Court may record the statement of
a child through video conferencing or by utilising single visibility mirrors or curtains or any
other device.
37. The Special Court shall try cases in camera and in the presence of the parents of
the child or any other person in whom the child has trust or confidence:
Provided that where the Special Court is of the opinion that the child needs to be
examined at a place other than the court, it shall proceed to issue a commission in accordance
with the provisions of section 284 of the Code of Criminal Procedure, 1973.
38. (1) Wherever necessary, the Court may take the assistance of a translator or
interpreter having such qualifications, experience and on payment of such fees as may be
prescribed, while recording the evidence of the child.
(2) If a child has a mental or physical disability, the Special Court may take the
assistance of a special educator or any person familiar with the manner of communication of
the child or an expert in that field, having such qualifications, experience and on payment of
such fees as may be prescribed to record the evidence of the child.
CHAPTER IX
MISCELLANEOUS
39. Subject to such rules as may be made in this behalf, the State Government shall
prepare guidelines for use of non-governmental organisations, professionals and experts or
persons having knowledge of psychology, social work, physical health, mental health and
child development to be associated with the pre-trial and trial stage to assist the child.
40. Subject to the proviso to section 301 of the Code of Criminal Procedure, 1973 the
family or the guardian of the child shall be entitled to the assistance of a legal counsel of their
choice for any offence under this Act:
Provided that if the family or the guardian of the child are unable to afford a legal
counsel, the Legal Services Authority shall provide a lawyer to them.
41. The provisions of sections 3 to 13 (both inclusive) shall not apply in case of
medical examination or medical treatment of a child when such medical examination or medical
treatment is undertaken with the consent of his parents or guardian.
42. Where an act or omission constitute an offence punishable under this Act and also
under any other law for the time being in force, then, notwithstanding anything contained in
any law for the time being in force, the offender found guilty of such offence shall be liable
to punishment only under such law or this Act as provides for punishment which is greater
in degree.
5
10
15
20
25
30
35
40
45
Period for
recording of
evidence of
child and
disposal of
case.
Child not to
see accused at
the time of
testifying.
Trials to be
conducted in
camera.
Assistance of
an interpreter
or expert
while
recording
evidence of
child.
2 of 1974.
Guidelines for
child to take
assistance of
experts, etc.
Right of child
to take
assistance of
legal
practitioner.
Provisions of
sections 3 to 13
not to apply in
certain cases.
2 of 1974.
Alternative
punishment.13
43. The Central Government and every State Government, shall take all measures to
ensure that—
(a) the provisions of this Act are given wide publicity through media including
the television, radio and the print media at regular intervals to make the general public,
children as well as their parents and guardians aware of the provisions of this Act;
(b) the officers of the Central Government and the State Governments and other
concerned persons (including the police officers) are imparted periodic training on the
matters relating to the implementation of the provisions of the Act.”.
44. (1) The National Commission for Protection of Child Rights constituted under
section 3, or as the case may be, the State Commission for Protection of Child Rights
constituted under section 17, of the Commissions for Protection of Child Rights Act, 2005,
shall, in addition to the functions assigned to them under that Act, also monitor the
implementation of the provisions of this Act in such manner as may be prescribed.
(2) The National Commission or, as the case may be, the State Commission, referred to
in sub-section (1), shall, while inquiring into any matter relating to any offence under this
Act, have the same powers as are vested in it under the Commissions for Protection of Child
Rights Act, 2005.
(3) The National Commission or, as the case may be, the State Commission, referred to
in sub-section (1), shall, also include, its activities under this section, in the annual report
referred to in section 16 of the Commissions for Protection of Child Rights Act, 2005.”.
45. (1) The Central Government may, by notification in the Official Gazette, make rules
for carrying out the purposes of this Act.
(2) In particular, and without prejudice to the generality of the foregoing powers, such
rules may provide for all or any of the following matters, namely:—
(a) the qualifications and experience of, and the fees payable to, a translator
or an interpreter, a special educator or any person familiar with the manner of
communication of the child or an expert in that field, under sub-section (4) of section 19;
sub-sections (2) and (3) of section 26 and section 38;
(b) care and protection and emergency medical treatment of the child under subsection (5) of section 19;
(c) the payment of compensation under sub-section (8) of section 33;
(d) the manner of periodic monitoring of the provisions of the Act under
sub-section (1) of section 42B.
(3) Every rule made under sub-section (1) shall be laid, as soon as may be after it is
made, before each House of Parliament, while it is in session, for a total period of thirty days
which may be comprised in one session or in two or more successive sessions, and if, before
the expiry of the session immediately following the session or the successive sessions
aforesaid, both Houses agree in making any modification in the rule or both Houses agree
that the rule should not be made, the rule shall thereafter have effect only in such modified
form or be of no effect, as the case may be; so, however, that any such modification or
annulment shall be without prejudice to the validity of anything previously done under that
rule.
46. (1) If any difficulty arises in giving effect to the provisions of this Act, the Central
Government may, by order published in the Official Gazette, make such provisions not
inconsistent with the provisions of this Act as may appear to it to be necessary or expedient
for removal of the difficulty:
Provided that no order shall be made under this section after the expiry of the period of
two years from the commencement of this Act.
(2) Every order made under this section shall be laid, as soon as may be after it is made,
before each House of Parliament.
5
10
15
20
Public
awareness
about Act.
Monitoring of
implementation
of Act.
4 of 2006.
4 of 2006.
Power to make
rules.
Power to
remove
difficulties.
25
30
35
40
45
50THE SCHEDULE
[See section 2(c)]
ARMED FORCES AND SECURITY FORCES CONSTITUTED UNDER
(a) The Air Force Act, 1950 (45 of 1950);
(b) The Army Act, 1950 (46 of 1950);
(c) The Assam Rifles Act, 2006 (47 of 2006);
(d) The Bombay Home Guard Act, 1947;
(e) The Border Security Force Act, 1968 (47 of 1968);
(f) The Central Industrial Security Force Act, 1968 (50 of 1968);
(g) The Central Reserve Police Force Act, 1949 (66 of 1949);
(h) The Coast Guard Act, 1978 (30 of 1978);
(i) The Delhi Special Police Establishment Act, 1946 (25 of 1946);
(j) The Indo-Tibetan Border Police Force Act, 1992 (35 of 1992);
(k) The Navy Act, 1957 (62 of 1957);
(l) The National Investigation Agency Act, 2008 (34 of 2008);
(m) The National Security Guard Act,1986 (47 of 1986);
(n) The Railway Protection Force Act, 1957 (23 of 1957);
(o) The Sashastra Seema Bal Act, 2007 (53 of 2007);
(p) The Special Protection Group Act, 1988 (34 of 1988);
(q) The Territorial Army Act, 1948 (56 of 1948);
(r) The State police forces (including armed constabulary) constituted under the State
laws to aid the civil powers of the State and empowered to employ force during internal
disturbances or otherwise including armed forces as defined in clause (a) of section 2 of the
Armed Forces (Special Powers) Act, 1958 (28 of 1958).
14RAJYA SABHA
—————
A
BILL
to protect children from offences of sexual assault, sexual harassment and pornography and
provide for establishment of Special Courts for trial of such offences and for matters
connected therewith or incidental thereto.
—————
(As passed by the Rajya Sabha)
GMGIPMRND—956RS(S3)—10-05-2012.