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Protection of Children from Sexual Offences Act 2012

THE PROTECTION OF CHILDREN FROM SEXUAL OFFENCES ACT, 2012
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ARRANGEMENT OF SECTIONS
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CHAPTER I
PRELIMINARY

SECTIONS
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 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.
42A. Act not in derogation of any other law.
43. Public awareness about Act.
44. Monitoring of implementation of Act.
45. Power to make rules.
46. Power to remove difficulties.

THE SCHEDULE.

Sahil v. State of Himachal Pradesh

Code of Criminal Procedure, 1973 – Section 482 – Penal Code, 1860 – Ss. 376 (2) 376 (n), 376 (3) & 506 – Protection of Children from Sexual Offences Act, 2012 – S. 6 – Information and Technology Act, 2000 – Section 67 – Parties entered into compromise – FIR Quashed.

Lochan Shrivas v. State of Chhattisgarh

Code of Criminal Procedure, 1973 – S. 366 – Evidence Act, 1872 – Ss. 8, 27 – Protection of Children from Sexual Offences Act, 2012 – S. 6 – Penal Code, 1860 – Ss. 363, 366, 376 (2) (i), 377, 201, 302 r/w. 376A.

Unnikrishnan v. State of Kerala

Protection of Children from Sexual Offences Act 2012 (Pocso Act) – The consequence of not proving the age of the victim is that the accused cannot be found guilty of any offence under the Act.

Manoj Mishra @ Chhotkau v. State of Uttar Pradesh

Protection of Children from Sexual Offences Act, 2012 – Ss. 3 & 4 – Penal Code, 1860 – Ss. 363, 366, 376D & 506 363 – Gang Rape – Prosecutrix made Contradicting Statements – Effect of. AIR 2021 SC 5032 : JT 2021 (10) SC 388 : 2021 (12) SCALE 331

Madhu v. State of Kerala

Protection of Children from Sexual Offences Act, 2012 – No prejudice caused to the accused for reason of clubbing an offence under Section 376(2) with an offence under the POCSO Act, going by the specific provision in Section 28(2) of the POCSO Act. 2021 (5) KHC 602