Skip to main content

The Protection of Children from Sexual Offences Act, 2012


The Protection of Children from Sexual Offences Act, 2012, has been passed by the Lok Sabha today, 22nd May, 2012. The Bill was earlier passed by the Rajya Sabha on 10th May, 2012.

The Protection of Children from Sexual Offences Act, 2012 has been drafted to strengthen the legal provisions for the protection of children from sexual abuse and exploitation. For the first time, a special law has been passed to address the issue of sexual offences against children.

Sexual offences are currently covered under different sections of IPC. The IPC does not provide for all types of sexual offences against children and, more importantly, does not distinguish between adult and child victims.

The Protection of Children from Sexual Offences Act, 2012 defines a child as any person below the age of 18 years and provides protection to all children under the age of 18 years from the offences of sexual assault, sexual harassment and pornography. These offences have been clearly defined for the first time in law. The Act provides for stringent punishments, which have been graded as per the gravity of the offence. The punishments range from simple to rigorous imprisonment of varying periods. There is also provision for fine, which is to be decided by the Court. 

An offence is treated as “aggravated” when committed by a person in a position of trust or authority of child such as a member of security forces, police officer, public servant, etc. 

Punishments for Offences covered in the Act are:
·   Penetrative Sexual Assault (Section 3) –  Not less than seven years which may extend to imprisonment for life, and fine (Section 4)
·   Aggravated Penetrative Sexual Assault (Section 5) –­ Not less than ten years which may extend to imprisonment for life, and fine (Section 6)
·   Sexual Assault (Section 7) – Not less than three years which may extend to five years, and fine (Section 8)
·   Aggravated Sexual Assault (Section 9) – Not less than five years which may extend to seven years, and fine (Section 10)
·   Sexual Harassment of the Child (Section 11) – Three years and fine (Section 12)
·   Use of Child for Pornographic Purposes (Section 13) –  Five years and fine and in the event of subsequent conviction, seven years and fine (Section 14 (1))

                           The Act provides for the establishment of Special Courts for trial of offences under the Act, keeping the best interest of the child as of paramount importance at every stage of the judicial process. The Act incorporates child friendly procedures for reporting, recording of evidence, investigation and trial of offences. These include:
·                                       Recording the statement of the child at the residence of the child or at the place of his choice, preferably by a woman police officer not below the rank of sub-inspector
·                                       No child to be detained in the police station in the night for any reason.
·                                       Police officer to not be in uniform while recording the statement of the child
·                                       The statement of the child to be recorded as spoken by the child
·                                       Assistance of an interpreter or translator or an expert as per the need of the child
·                                       Assistance of special educator or any person familiar with the manner of communication of the child in case child is disabled
·                                       Medical examination of the child to be conducted in the presence of the parent of the child or any other person in whom the child has trust or confidence.
·                                       In case the victim is a girl child, the medical examination shall be conducted by a woman doctor.
·                                       Frequent breaks for the child during trial
·                                       Child not to be called repeatedly to testify
·                                       No aggressive questioning or character assassination of the child
·                                       In-camera trial of cases

The Act recognizes that the intent to commit an offence, even when unsuccessful for whatever reason, needs to be penalized. The attempt to commit an offence under the Act has been made liable for punishment for upto half the punishment prescribed for the commission of the offence.

The Act also provides for punishment for abetment of the offence, which is the same as for the commission of the offence. This would cover trafficking of children for sexual purposes.

For the more heinous offences of Penetrative Sexual Assault, Aggravated Penetrative Sexual Assault, Sexual Assault and Aggravated Sexual Assault, the burden of proof is shifted on the accused. This provision has been made keeping in view the greater vulnerability and innocence of children. At the same time, to prevent misuse of the law, punishment has been provided for making false complaint or proving false information with malicious intent. Such punishment has been kept relatively light (six months) to encourage reporting. If false complaint is made against a child, punishment is higher (one year).

The media has been barred from disclosing the identity of the child without the permission of the Special Court. The punishment for breaching this provision by media may be from six months to one year.

For speedy trial, the Act provides for the evidence of the child to be recorded within a period of 30 days. Also, the Special Court is to complete the trial within a period of one year, as far as possible.

To provide for relief and rehabilitation of the child, as soon as the complaint is made to the Special Juvenile Police Unit (SJPU) or local police, these will make immediate arrangements to give the child, care and protection such as admitting the child into shelter home or to the nearest hospital within twenty-four hours of the report. The SJPU or the local police are also required to report the matter to the Child Welfare Committee within 24 hours of recording the complaint, for long term rehabilitation of the child.

The Act casts a duty on the Central and State Governments to spread awareness 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.

The National Commission for the Protection of Child Rights (NCPCR) and State Commissions for the Protection of Child Rights (SCPCRs) have been made the designated authority to monitor the implementation of the Act.

****

Comments

Popular posts from this blog

Janani Shishu Suraksha Karyakram

FEATURE H&FW B.   Narzary * Reducing the maternal and infant mortality rate is the key goal feature of the Reproductive and Child Health Programme under the National Rural Health Mission. Several initiatives have been launched by the Ministry of Health & Family Welfare under the Mission including  Janani   Suraksha   Yojana , a key intervention that has resulted in phenomenal growth in institutional deliveries with more than one  crore  women  beneficiaries  annually. JSY was launched to promote institutional deliveries so that skilled attendance at birth is made available  and  mothers and new born babies can be saved from pregnancy related complications and deaths.

Folk Dances of India

India is a land of diverse cultures and traditions. Each region of the country has a unique culture, which is also prominently visible in its various art forms. Almost all the regions of the country have their specific folk music and dance, which proves to be a wonderful way of expression of their community and its traditions. Though these folk dances are not as complex as the classical dance forms, they are very beautiful, because of the essence of rawness in them. Be it the Bihu of Assam, Dol-Cholom of Manipur, Hikal of Himachal Pradesh or Chhau of Bihar, each of the Indian folk dance forms comes across as a reflection of the deep sited beliefs and traditions of a particular culture. The folk dances of any community are performed on almost every special occasion and festival, to express elation and joy. These dances are also considered to be auspicious by many of the tribal communities in the country. Many folk dances are dedicated to the presiding deity of the specific commu

Schemes & Facilities for the Senior Citizens

  FEATURE SJE A demographic revolution is taking place throughout the world indicating a phenomenal rise in the population of the elderly. According to a UN estimate, the population of the people aged 60 years and above is expected to grow to 1.2 billion by 2025 and to 2 billion by 2050. Today, about two thirds of all the older people are living in the developing world. As per the Census 2001, in India, there were 77 million persons above 60 years constituting 7.5% of the total population of the country. This number is projected to go up to  12.4% of the population in 2026.  Such an increase obviously will throw up numerous challenges in designing old age specific programmes and schemes and addressing their issues in a comprehensive manner.   The Ministry of Social Justice & Empowerment  announced a National Policy for Older Persons in January, 1999. This policy reaffirmed the commitment of the Government to ensure the well-being of the older persons in a h