Vidhi Codex

Bare Act

The Protection of Children from Sexual Offences Act, 2012

Criminal201248 sections9 chapters

The POCSO Act protects every child — any person under 18, boy or girl — from sexual assault, sexual harassment and use in pornography. It defines penetrative, aggravated and non-penetrative sexual assault and sets strict punishments, including death for the gravest aggravated offences after the 2019 amendment. Anyone who knows of such an offence must report it to the police or Special Juvenile Police Unit, and failing to report is itself an offence. The child's statement is recorded in a child-friendly way, their identity is kept secret, and cases are tried in Special Courts that should finish the trial within a year. For the main offences the court presumes the accused guilty unless they prove otherwise.

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Chapter I PRELIMINARY →

  1. 1Short title, extent and commencement
  2. 2Definitions

Chapter II SEXUAL OFFENCES AGAINST CHILDREN →

  1. 3Penetrative sexual assault
  2. 4Punishment for penetrative sexual assault
  3. 5Aggravated penetrative sexual assault
  4. 6Punishment for aggravated penetrative sexual assault
  5. 7Sexual assault
  6. 8Punishment for sexual assault
  7. 9Aggravated sexual assault
  8. 10Punishment for aggravated sexual assault
  9. 11Sexual harassment
  10. 12Punishment for sexual harassment

Chapter III USING CHILD FOR PORNOGRAPHIC PURPOSES AND PUNISHMENT THEREFOR →

  1. 13Use of child for pornographic purposes
  2. 14Punishment for using child for pornographic purposes
  3. 15Punishment for storage of pornographic material involving child

Chapter IV ABETMENT OF AND ATTEMPT TO COMMIT AN OFFENCE →

  1. 16Abetment of an offence
  2. 17Punishment for abetment
  3. 18Punishment for attempt to commit an offence

Chapter V PROCEDURE FOR REPORTING OF CASES →

  1. 19Reporting of offences
  2. 20Obligation of media, studio and photographic facilities to report cases
  3. 21Punishment for failure to report or record a case
  4. 22Punishment for false complaint or false information
  5. 23Procedure for media to ensure protection of child

Chapter VI PROCEDURES FOR RECORDING STATEMENT OF THE CHILD →

  1. 24Procedure for recording statement of a child
  2. 25Recording of statement of a child by Magistrate
  3. 26Additional Provisions regarding evidence
  4. 27Medical examination of a child

Chapter VII SPECIAL COURTS →

  1. 28Designation of Special Courts
  2. 29Presumption as to certain offences
  3. 30Presumption of culpable mental state
  4. 31Application of Code of Criminal Procedure, 1973 to proceedings before a Special Court
  5. 32Special Public Prosecutors

Chapter VIII PROCEDURE AND POWERS OF SPECIAL COURTS AND RECORDING OF EVIDENCE →

  1. 33Procedure and powers of Special Court
  2. 34Procedure in case of commission of offence by child and determination of age by Special Court
  3. 35Period for recording of evidence of child and disposal of case
  4. 36Child not to see accused at the time of testifying
  5. 37Trials to be conducted in camera
  6. 38Assistance of an interpreter or expert while recording evidence of child

Chapter IX MISCELLANEOUS →

  1. 39Guidelines for child to take assistance of experts, etc
  2. 40Right of child to take assistance of legal counsel
  3. 41Provisions of sections 3 to 13 not to apply in certain cases
  4. 42Alternative punishment
  5. 43Public awareness about Act
  6. 44Monitoring of implementation of Act
  7. 45Power to make rules
  8. 46Power to remove difficulties