Protection of Children from Sexual Offences Act, 2012

Contents
Sections	Particulars
Chapter I	Preliminary
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 Casts
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 of 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
Schedule I	The Schedule

An Act 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

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

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;

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:-