The Protection of Children from
Sexual Offences Act 2012(POCSO)
Definitions
• S.2(d)- “Child” means any
person below the age of
eighteen years.
Substantive offences
• S.3- Penetrative Sexual
Assault.
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
(c) he manipulates any part of the
body of the child so as to
cause penetration into the
vagina, the urethra or anus 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
Punishment
or any other person.
S.4- Punishment for such
offence is 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.
• S.5- Aggravated penetrative
sexual assault.
Whoever, being a police officer,
or a member of the armed
forces or security forces or
being a public servant or 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
or being on the management
or staff of a hospital,
whether government or
private, or being on the
management or staff of an
educational institution or
religious institution
commits penetrative sexual
assault on a child or
commits such assault in
gang or by using deadly
weapons, fire, heated
substance or corrosive
substance; or causes
grievous hurt or bodily
injury or injury to the sexual
organs of the child is said to
commit aggravated
penetrative sexual assault.
Punishment
S.6- 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.
• S.7- Sexual Assault- Any
act, namely:-
a. Touching with sexual intent
vagina, penis, anus or
breast of the child or makes
the child touch the vagina.
b. Causing the child to touch
such parts of the body of
the offender or any other
person
Punishment
c. Any other act with sexual
intent involving physical
touch except penetration.
S.8- Imprisonment 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.
• S.9- Aggavated sexual
assault- Similar to
aggaravating circumstances
similar to S.5.
• S.10- Minimum
imprisonment for five years
of either description which
may extend to 7 years with
fine.
• S.11- Sexual Harassment-
Acts done by one with
sexual intent, namely:-
1. utters any word, sound,
makes any gesture, exhibits
any object or part of body
with the intention that such
word shall be heard, or such
gesture shall be seen by the
child or
2. 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
3. Shows any object to a child in
any form or media for
pornographic purposes or
4. Repeatedly or constantly
follows or watches or contacts
a child either directly or
through electronic,digital
or any other means or
5. 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
6. entices a child for
pornographic purposes or
gives gratification therefor
Explanation: Any question
which involves sexual intent
shall be a question of fact.
Punishment
• S.12- Imprisonment upto 3
years of either description
and fine.
S.13- Using child for
pornographic purposes-
Using child in media, i.e, in
programmes/
advertisements telecast in
television channels,
internet, electronic/print
form-
(a) representing sexual organs
of child
(h) Representing sexual organs
of child
(b) using child in
real/simulated sexual acts
(with or without
penetration)
c. Indecent/obscene
representation of child
Punishment
• S.14- Punishment is
imprisonment upto 5 years
of either description and
fine.
Subsequent offence-7 years
Higher penalties when
associated with other
offence, e.g- S.3, 5, 7 & 9.
Old Law New Law
S.20- Obligation of media,
studio, and photographic
facilities to report cases
Personnel of
media/hotel/lodge/hospital
/club or photographic
facility to respondent to
special juvenile unit/local
police if he finds any
material of
Old Law New Law
Pornographic/sexually
exploitative/obscene nature
relating to a child.
Punishment is
imprisonment for six
months or fine.
S.41-Nothing in S.3-13 shall
apply to medical
examination or treatment
of child with consent of
parent or guardian.
Procedure of investigation, trial etc.
• S.19-Reporting of offences-
(i) Anyone including child
may report even
apprehension of offence to
(a)Special juvenile police unit
(b)Local police
(ii) Must be given an entry
number and recorded in
writing.
Read over to the informant, if
child, in such language
which he understands.
Entered in a book
maintained by the unit.
(iii) Child, if in need of care &
protection be forward to
shelter home within 24
hours of report after
recording reasons.
• (iv) Report the matter
within 24 hours to child
welfare and special court or
Court of sessions.
(v) No civil or criminal liability
to a person for giving
information in good faith.
However, information given
with intention to harm
reputation of any person or
victimise a child is punishable
under Section 22
S.23- Procedure for media-(1)
No reporting in media relating
to information which may
affect reputation of child or
disclose his identity.
Punishment is
imprisonment for 1 year or
fine or both.
Recording of statement of child
(Ss 24 25 26)
1.Recording at residence by
police who is not in
uniform.
2. Accused must not come in
contact with child during
recording.
3. In presence of parents or
person of trust &
confidence
4. Child not be kept in police
station at night.
5. Police shall ensure
protection of identity of
child from media.
6. Magistrate shall record
statement under S.164 Crpc
in the actual words of the
child, as far as practicable
7. Translators and special
educators.
8. Audio-visual recording to be
made, wherever possible.
Medical examination of victim
• S.27- Medical examination
of a child.
1. To be conducted in terms of
S.164A CrPc
2. By a woman doctor, if
victim is a girl.
3. In presence of parents or
person of trust of victim or
a woman representation of
the medical institution.
Trial by Special Court (Ss 28, 31-38)
1. Court of sessions of the
district- to be notified as
special court.
2. Will try other offences to
be tried with offences
under the act including
S.67B of the Information
Technology Act 2000.
3. Special Court shall have
powers of a court of
session
4. Would take cognizance
directly upon a complaint or
police report.
5. Questions to the child to be
put through court. Not
required to repeatedly
testify in court. No
aggressive questions or
character assasination of
child.
6.Frequent breaks to be given
7. Child friendly atmosphere to
be ensured- by presence of
parents or person of trust.
8. Identity of child not to be
disclosed.
9. Trial as in a sessions trial
offence
10. Juvenility to be determined
by special court & proceeding
shall not be invalid for
erroneous determination.
11. Evidence of child to be
recorded within 30 days of
cognizance and trial to be
completed in a year, as far
as possible.
12. Assistance of
translator/special educator
to be taken wherever possible.
13. Child not to be exposed to
accused while deposing.
Videoconferencing, single
visibility mirrors or curtains
may be used.
14. Trial shall be in camera.
Commissions under S.284
CrPc may be resorted to,
wherever necessary.
15. Legal assistance to child
through legal services
authority.
16. Special Public prosecutors
to be appointed of not less
than 7 years of experience.
Statutory presumptions (Ss 29, 30)
• S.29- Presumption as to
certain offences
Persons prosecuted under the
act shall be presumed guilty
unless proved innocent by
special court.
• S.30- Presumption of
culpable mental state
Persons charged under those
Offences which require the
existence of such mental state,
it shall be presumed unless
proved otherwise by the
guilty.
Restitution, compensation, alternative
punishment
• Government shall prepare
guidelines for use of NGO
professional experts having
knowledge of psychology,
social work, physical and
mental health at pretrial and
trial stage to assist a child.
• If an act/omission is an
offence under this Act and any
other law, greater punishment
as prescribed under this Act or
any other law shall be
awarded upon recording
conviction.
• In addition to punishment,
Special Court shall direct in
appropriate cases compensation
to the child for any physical or
mental trauma and immediate
rehabilitation.
• Central and State Governments
shall take steps for public
awareness of the provisions of
the Act.
• National Commission for
Protection of Child Rights and
State Commissions shall monitor
the implementation of the Act.
