Bill defines penetrative sexual assault, sexual harassment and aggravated offences
This Bill aims to protect children under 18 from sexual assault, sexual harassment, and pornography by defining these offences and establishing Special Courts for their trial. It seeks to ensure the child's privacy and well-being are prioritized during the judicial process.
The law applies to any person who commits sexual offences against a child (defined as a person below 18 years of age). It specifically imposes stricter penalties and obligations on police officers, armed/security forces, public servants, staff of hospitals, educational institutions, and other custodial or care facilities. It also imposes reporting obligations on media, studios, and photographic facilities.
- Defines 'penetrative sexual assault', 'sexual assault', 'sexual harassment', and 'aggravated' versions of these offences.
- Prescribes punishment for penetrative sexual assault: imprisonment of not less than 7 years up to life, plus fine.
- Prescribes punishment for aggravated penetrative sexual assault: rigorous imprisonment of not less than 10 years up to life, plus fine.
- Creates 'Special Courts' designated for trying these offences and appoints 'Special Public Prosecutors'.
- Mandates that trials be conducted in camera (closed to the public) and that the child not see the accused while testifying.
- Requires police officers to be in plain clothes when recording a child's statement.
- Imposes a duty on media, studios, and photographic facilities to report cases and prohibits them from publishing the identity of the child.
- Allows for the presumption of culpable mental state in certain offences.
- Excludes the State of Jammu and Kashmir from the extent of the Act.
Written from the document by AI, and checked against it. The original below is authoritative.
The original document
Document details
| Official title | THE PROTECTION OF CHILDREN FROM SEXUAL OFFENCES BILL, 2012 |
| Source body | Parliament of India — Bills (Lok Sabha & Rajya Sabha) |
| Reference number | XIV |
| Status | closed (bill) |
| Year | 2011 |
| Closing date | — |
| Documents | 3 |