THE PROTECTION OF CHILDREN

FROM SEXUAL OFFENCES ACT

(POCSO), 2012
INTRODUCTION –

• The POCSO Act, 2012 came into force on 14 November, 2012.

• An act to protect children from offences of sexual assault, sexual
harassment & pornography, and provides for establishment of Special
courts for trial of such offences.
• If an attempt or commission of sexual assault/offence/harassment happens
against a child, whether male or female, under the age of 18 years, then
such cases are filed under the POCSO act, 2012.
NEED OF THIS ACT –

• Existing laws are not enough to address sexual offences against children.
• No specific provisions or laws for dealing with sexual abuse of male
children.
TYPES OF SEXUAL OFFENCES AGAINST
CHILDREN –
• Penetrative sexual assault (Sec-3)
• Aggravated Penetrative sexual assault (Sec-5)
• Sexual assault (Sec-7)
• Aggravated sexual assault (Sec-9)
• Sexual harassment of the child (Sec-11)
• Use of child for pornographic purpose (Sec-13)
PENETRATIVE SEXUAL ASSAULT –

Sec- 3
• Penetrating penis to any extent into the vagina, mouth or anus of a child or makes a
child to do so with him or any other person.
• Applies his mouth into the vagina, mouth or anus of a child or makes the child to do
with him or any other person.
Sec-4 Punishment –
• Minimum imprisonment of 7 years which may extend to life imprisonment and fine.
AGGRAVATED PENETRATIVE SEXUAL ASSAULT –

Sec-5
• Committed by a person in position of trust and authority.
• Committed by a person in management or staff of educational, medical or
religious institution.
• Committed by a person in management or staff of Jail, remand home, protection
home, etc.
• Gang assault.
• Offences causes grievous hurt.
• Offences causes physical or mental disability.
• Offence is committed taking advantage of child’s mental or physical
disability.
• Offence is committed more than once.
Sec- 6 Punishment –
10 years to life imprisonment and fine.
SEXUAL ASSAULT –

Sec- 7
• Whoever, with sexual intent touches the vagina, anus, penis or breast of the
child, or makes the child to do so with him or any other person.
• Or does any other act with sexual intent which involves physical contact without
penetration is said to commit sexual assault.
Sec-8 Punishment –
• 3 years to 5 years imprisonment and fine.
AGGRAVATED SEXUAL ASSAULT –

Sec- 9
• Child is below 12 years of age.
• Offender is a relative of child.
• An attempt is also made to the murder of the child.
• Offence is committed and child is made to strip and naked in public.
• Offence has been committed by a person who is previously convicted under any law.
Sec-10 Punishment –
• 5 years to 7 years imprisonment and fine.
SEXUAL HARASSMENT OF THE CHILD –

Sec-11
A person is said to commit sexual harassment of a child when such person with sexual intent
–
• Entices a child for pornographic purpose.
• Makes a child exhibit his body or any part of his body so as it is seen by such person or
other or any other person.
• Shows any object to child in any form for pornographic purposes.
Sec-12 Punishment –
• Imprisonment upto 3 years and fine.
 USE OF CHILD FOR PORNOGRAPHIC PURPOSES –

Sec-13
Whoever, uses a child in any form of media for the purposes of sexual gratification, which
includes –
• Representation of sexual organs of child.
• Usage of a child engaged in real or stimulated sexual acts.
• The indecent or obscene representation of a child.
Sec-14(1) Punishment–
• 5 years imprisonment.
PROCEDURE FOR REPORTING A CASE –

Any person (including the child), who has apprehension that an offence
under this act is likely to be committed or has knowledge that such an
offence has been committed, he shall provide such information to –
• The Special Juvenile Police Office
• The local police
Thank you