Parliament Parliament of India
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.
Who it concerns: 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.
What the bill does
- 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.
Also in the document
- The Bill references India's accession to the UN Convention on the Rights of the Child.
- It explicitly states that a child's lack of physical resistance does not constitute consent.
- It includes specific provisions for cases involving children aged 16 to 18, requiring consideration of whether consent was obtained through force, threat, or deception.
- It provides for alternative punishment provisions and powers to make rules.
Where this bill is now: Became law (Act)
How this was written
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The original document
Parliament of India — Bills (Lok Sabha & Rajya Sabha)
Bill / law · Ref. XIV · 10 May 2012
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