The POCSO Act,2012
punjab · 2012
The scanned source for this Act is imperfect — headings or section boundaries may be off. Verify against the official source.
- S. 1(/) This Act may be called the Protection of Children from Sexual Offences Act, 2012 oes (2) Itextends to the whole o
- S. 2Section 2 defines key terms used throughout the POCSO Act, 2012, including "child," "sexual assault," and "Special Court."
- S. 4Section 4 defines "penetrative sexual assault" involving a child under the POCSO Act, 2012.
- S. 5Section 5 of the POCSO Act, 2012, criminalizes penetrative sexual assault on children by police, armed forces, public servants, and staff of custodial, medical, and educational institutions.
- S. 6Section 6 of the POCSO Act, 2012, prescribes penalties for aggravated penetrative sexual assault and sexual assault, including imprisonment and fines.
- S. 8Section 8 outlines procedures for recording statements and conducting investigations under the POCSO Act, 2012.
- S. 9Section 9 of the POCSO Act, 2012 outlines procedures for recording statements of children in sexual offense cases.
- S. 10Section 10 of the POCSO Act, 2012 punishes aggravated sexual assault with imprisonment and fine.
- S. 12Section 12 of the POCSO Act, 2012 punishes sexual harassment of a child with up to three years imprisonment and a fine.
- S. 13Section 13 of the POCSO Act, 2012 prohibits using children in media for sexual gratification and prescribes penalties including imprisonment and fines.
- S. 16A person abets an offence, who— Firss
- S. 17Whoever abets any offence under this Act, if the act abetted is committed in of the ab
- S. 18Section 18 of the POCSO Act, 2012 punishes attempts to commit offenses under the Act with imprisonment and/or fine.
- S. 19Section 19 mandates reporting of potential or actual POCSO Act offenses to special or local police, ensuring child victims receive care and protection.
- S. 21Section 21 of the POCSO Act, 2012 penalizes failure to report certain offenses and making false complaints or providing false information against offenders or children.
- S. 24Section 24 mandates recording a child's statement by a female sub-inspector, ensuring no contact with the accused and child's identity protection.
- S. 25Section 25 mandates the recording of a child's statement as spoken and provides copies of the final police report to the child and their representative.
- S. 26Section 26 of the POCSO Act, 2012 mandates the recording of a child's statement in the presence of trusted persons and with necessary assistance for accurate documentation.
- S. 27Section 27 mandates medical examinations for child victims of offenses under the POCSO Act, specifying procedural details and the presence of trusted persons.
- S. 28Section 28 designates Special Courts to expedite trials for POCSO Act offences, including online child abuse cases.
- S. 30Section 30 presumes a culpable mental state in POCSO Act prosecutions, allowing accused to disprove it, and applies Code of Criminal Procedure provisions.
- S. 33Section 33 of the POCSO Act, 2012 outlines procedures for child-friendly trials, including special protections and the potential for compensation for trauma.
- S. 34Section 34 of the POCSO Act, 2012 deals with the procedures for handling cases where the accused is a child, ensuring their protection and fair trial.
- S. 36Section 36 of the POCSO Act ensures child protection during evidence recording and court proceedings, using technology and experts if needed.
- S. 39The section mandates the State Government to create guidelines for involving non-governmental organizations and experts in child welfare during the pre-trial and trial stages of POCSO cases.
- S. 40The section ensures that the family or guardian of a child can get a lawyer of their choice or a free one if they can't afford it.
- S. 41Section 41 of the POCSO Act, 2012 exempts medical examinations with parental consent from certain provisions related to child sexual abuse.
- S. 42Section 42 specifies that if an offense is punishable under both the POCSO Act and another law, the offender will be punished under the law with the harshest penalty.
- S. 43Section 43 mandates governments to publicize and train officials on the POCSO Act and assigns child rights commissions to monitor its implementation.
- S. 45(/) The Central Government may, by notification in the Official Gazette, make rules for carrying out the purposes of t
- S. 46Section 46 allows the Central Government to issue orders to address difficulties in implementing the POCSO Act, but only within two years of its commencement.