PROTECTION OF CHILDREN FROM SEXUAL OFFENCES ACT, 2012

Preamble - THE PROTECTION OF CHILDREN FROM SEXUAL OFFENCES ACT, 2012

THE PROTECTION OF CHILDREN FROM SEXUAL OFFENCES ACT, 2012

[Act No. 32 of 2012]
[19th June, 2012]
PREAMBLE
An Act to protect children from offences of sexual assault, sexual harassment and
pornography and provide for establishment of Special Courts for trial of such offences and
for matters connected therewith or incidental thereto.
Whereas clause (3) of article 15 of the Constitution, inter alia, empowers the State to
make special provisions for children;
And whereas, the Government of India has acceded on the 11th December, 1992 to
the Convention on the Rights of the Child, adopted by the General Assembly of the
United Nations, which has prescribed a set of standards to be followed by all State
parties in securing the best interests of the child;
And whereas it is necessary for the proper development of the child that his or her
right to privacy and confidentiality be protected and respected by every person by all
means and through all stages of a judicial process involving the child;
And whereas it is imperative that the law operates in a manner that the best interest
and well being of the child are regarded as being of paramount importance at every
stage, to ensure the healthy physical, emotional, intellectual and social development
of the child;
And whereas the State parties to the Convention on the Rights of the Child are
required to undertake alt appropriate national, bilateral and multilateral measures to
prevent--
(a) the inducement or coercion of a child to engage in any unlawful sexual
activity;
(b) the exploitative use of children in prostitution or other unlawful sexual
practices;
(c) the exploitative use of children in pornographic performances and materials;
And whereas sexual exploitation and sexual abuse of children are heinous crimes and
need to be effectively addressed.
Be it enacted by Parliament in the Sixty-third Year of the Republic of India as follows:-
-

Section 1 - Short title, extent and commencement

(1) This Act may be called the Protection of Children from Sexual Offences Act, 2012.
(2) It extends to the whole of India, 1[***].
(3) It shall come into force on such date as the Central Government may, by
notification in the Official Gazette, appoint.

1. Omitted by Jammu And Kashmir Reorganisation Act, 2019, w.e.f. 31.10.2019 the previous text was:-
 "except the State of Jammu and Kashmir"

Section 2 - Definitions

(1) In this Act, unless the context otherwise requires, --

(a) "aggravated penetrative sexual assault" has the same meaning as assigned
to it in section 5;
(b) "aggravated sexual assault" has the same meaning as assigned to it in
section 9;
(c) "armed forces or security forces" means armed forces of the Union or
security forces or police forces, as specified in the Schedule;
(d) "child" means any person below the age of eighteen years;
1
[(da) "child pornography" means any visual depiction of sexually explicit
conduct involving a child which include photograph, video, digital or computer
generated image indistinguishable from an actual child and image created,
adapted, or modified, but appear to depict a child;]
(e) "domestic relationship" shall have the same meaning as assigned to it in
clause (f) of section 2 of the Protection of Women from Domestic Violence Act,
2005(43 of 2005);
(f) "penetrative sexual assault" has the same meaning as assigned to it in
section 3;
(g) "prescribed" means prescribed by rules made under this Act;
(h) "religious institution" shall have the same meaning as assigned to it in the
Religious Institutions (Prevention of Misuse) Act, 1988(41 of 1988);
(i) "sexual assault" has the same meaning as assigned to it in section 7;
(j) "sexual harassment" has the same meaning as assigned to it in section 11;
(k) "shared household" means a household where the person charged with the
offence lives or has lived at any time in a domestic relationship with the child;
(l) "Special Court" means a court designated as such under section 28;
(m) "Special Public Prosecutor" means a Public Prosecutor appointed under
section 32.
(2) The words and expressions used herein and not defined but defined in the Indian
Penal Code(45 of 1860), the Code of Criminal Procedure, 1973(2 of 1974), 2[the
Juvenile Justice (Care and Protection of Children) Act, 2015 (2 of 2016)] and the
Information Technology Act, 2000 (21 of 2000) shall have the meanings respectively
assigned to them in the said Codes or the Acts.

1. Inserted by Protection Of Children From Sexual Offences (Amendment) Act, 2019, w.e.f. 16.08.2019.
2. Substituted by Protection Of Children From Sexual Offences (Amendment) Act, 2019, w.e.f. 16.08.2019 for the
following:-
"the Juvenile Justice (Care and Protection of Children) Act, 2000 (56 of 2000)"

Section 3 - Penetrative sexual assault

A person is said to commit "penetrative sexual assault" if--

(a) he penetrates his penis, to any extent, into the vagina, mouth, urethra or
anus of a child or makes the child to do so with him or any other person; or
(b) he inserts, to any extent, any object or a part of the body, not being the
penis, into the vagina, the urethra or anus of the child or makes the child to do
so with him or any other person; or
 (c) he manipulates any part of the body of the child so as to cause penetration
into the vagina, urethra, anus or any part of body of the child or makes the child
to do so with him or any other person; or
(d) he applies his mouth to the penis, vagina, anus, urethra of the child or
makes the child to do so to such person or any other person.

Section 4 - Punishment for penetrative sexual assault

1
[(1)] Whoever commits penetrative sexual assault shall be punished with
imprisonment of either description for a term which shall not be less than 2[ten years]
but which may extend to imprisonment for life, and shall also be liable to fine.
3
[(2) Whoever commits penetrative sexual assault on a child below sixteen years of
age shall be punished with imprisonment for a term which shall not be less than
twenty years, but which may extend to imprisonment for life, which shall mean
imprisonment for the remainder of natural life of that person and shall also be liable to
fine.
(3) The fine imposed under sub-section (1) shall be just and reasonable and paid to
the victim to meet the medical expenses and rehabilitation of such victim.]

1. Renumbered by Protection Of Children From Sexual Offences (Amendment) Act, 2019, w.e.f. 16.08.2019 for the
following:-
"(1)"
2. Substituted by Protection Of Children From Sexual Offences (Amendment) Act, 2019, w.e.f. 16.08.2019 for the
following:-
"seven years"
3. Inserted by Protection Of Children From Sexual Offences (Amendment) Act, 2019, w.e.f. 16.08.2019.

Section 5 - Aggravated penetrative sexual assault

(a) Whoever, being a police officer, commits penetrative sexual assault on a child--
(i) within the limits of the police station or premises at which he is appointed; or
(ii) in the premises of any station house, whether or not situated in the police
station, to which he is appointed; or
(iii) in the course of his duties or otherwise; or
(iv) where he is known as, or identified as, a police officer; or
(b) whoever being a member of the armed forces or security forces commits
penetrative sexual assault on a child--
(i) within the limits of the area to which the person is deployed; or
(ii) in any areas under the command of the forces or armed forces; or
(iii) in the course of his duties or otherwise; or
(iv) where the said person is known or identified as a member of the security or
armed forces; or
(c) whoever being a public servant commits penetrative sexual assault on a child; or
(d) whoever being on the management or on the staff of a jail, remand home,
protection home, observation home, or other place of custody or care and protection
established by or under any law for the time being in force, commits penetrative
sexual assault on a child, being inmate of such jail, remand home, protection home,
observation home, or other place of custody or care and protection; or
(e) whoever being on the management or staff of a hospital, whether Government or
private, commits penetrative sexual assault on a child in that hospital; or
(f) whoever being on the management or staff of an educational institution or
religious institution, commits penetrative sexual assault on a child in that institution;
or
(g) whoever commits gang penetrative sexual assault on a child.
Explanation.--When a child is subjected to sexual assault by one or more
persons of a group in furtherance of their common intention, each of such
persons shall be deemed to have committed gang penetrative sexual assault
within the meaning of this clause and each of such person shall be liable for that
act in the same manner as if it were done by him alone; or
(h) whoever commits penetrative sexual assault on a child using deadly weapons, fire,
heated substance or corrosive substance; or
(i) whoever commits penetrative sexual assault causing grievous hurt or causing
bodily harm and injury or injury to the sexual organs of the child; or
(j) whoever commits penetrative sexual assault on a child, which--
(i) physically incapacitates the child or causes the child to become mentally ill as
defined under clause (b) of section 2 of the Mental Health Act, 1987(14 of 1987)
or causes impairment of any kind so as to render the child unable to perform
regular tasks, temporarily or permanently; 1[***]
(ii) in the case of female child, makes the child pregnant as a consequence of
sexual assault;
(iii) inflicts the child with Human Immunodeficiency Virus or any other life
threatening disease or infection which may either temporarily or permanently
impair the child by rendering him physically incapacitated, or mentally ill to
perform regular tasks; 1[***]
2
[(iv) causes death of the child; or]
(k) whoever, taking advantage of a child's mental or physical disability, commits
penetrative sexual assault on the child; or
(l) whoever commits penetrative sexual assault on the child more than once or
repeatedly; or
(m) whoever commits penetrative sexual assault on a child below twelve years; or
(n) whoever being a relative of the child through blood or adoption or marriage or
guardianship or in foster care or having a domestic relationship with a parent of the
child or who is living in the same or shared household with the child, commits
penetrative sexual assault on such child; or
(o) whoever being, in the ownership, or management, or staff, of any institution
providing services to the child, commits penetrative sexual assault on the child; or
(p) whoever being in a position of trust or authority of a child commits penetrative
sexual assault on the child in an institution or home of the child or anywhere else; or
(q) whoever commits penetrative sexual assault on a child knowing the child is
pregnant; or
(r) whoever commits penetrative sexual assault on a child and attempts to murder the
child; or
(s) whoever commits penetrative sexual assault on a child in the course of
3
[communal or sectarian violence or during any natural calamity or in similar
situations]; or
(t) whoever commits penetrative sexual assault on a child and who has been
previously convicted of having committed any offence under this Act or any sexual
offence punishable under any other law for the time being in force; or
(u) whoever commits penetrative sexual assault on a child and makes the child to
strip or parade naked in public, is said to commit aggravated penetrative sexual
assault.

1. Omitted by Protection Of Children From Sexual Offences (Amendment) Act, 2019, w.e.f. 16.08.2019 the
previous text was:-
"or"
2. Inserted by Protection Of Children From Sexual Offences (Amendment) Act, 2019, w.e.f. 16.08.2019.
 3. Substituted by Protection Of Children From Sexual Offences (Amendment) Act, 2019, w.e.f. 16.08.2019 for the
following:-
"communal or sectarian violence"

Section 6 - Punishment for aggravated penetrative sexual assault

1
[6. Punishment for aggravated penetrative sexual assault
(1) Whoever commits aggravated penetrative sexual assault shall be punished with
rigorous imprisonment for a term which shall not be less than twenty years, but which
may extend to imprisonment for life, which shall mean imprisonment for the
remainder of natural life of that person and shall also be liable to fine, or with death.
(2) The fine imposed under sub-section (1) shall be just and reasonable and paid to
the victim to meet the medical expenses and rehabilitation of such victim.]

1. Substituted by Protection Of Children From Sexual Offences (Amendment) Act, 2019, w.e.f. 16.08.2019 for the
following:-
"Whoever, commits aggravated penetrative sexual assault, shall be punished with rigorous imprisonment for a
term which shall not be less than ten years but which may extend to imprisonment for life and shall also be
liable to fine."

Section 7 - Sexual assault

Whoever, with sexual intent touches the vagina, penis, anus or breast of the child or makes
the child touch the vagina, penis, anus or breast of such person or any other person, or
does any other act with sexual intent which involves physical contact without penetration is
said to commit sexual assault.

Section 8 - Punishment for sexual assault

Whoever, commits sexual assault, shall be punished with imprisonment of either description
for a term which shall not be less than three years but which may extend to five years, and
shall also be liable to fine.

Section 9 - Aggravated sexual assault

(a) Whoever, being a police officer, commits sexual assault on a child--

(i) within the limits of the police station or premises where he is appointed; or
(ii) in the premises of any station house whether or not situated in the police
station to which he is appointed; or
(iii) in the course of his duties or otherwise; or
(iv) where he is known as, or identified as a police officer; or
(b) whoever, being a member of the armed forces or security forces, commits sexual
assault on a child--
(i) within the limits of the area to which the person is deployed; or
(ii) in any areas under the command of the security or armed forces; or
(iii) in the course of his duties or otherwise; or
(iv) where he is known or identified as a member of the security or armed
forces; or
(c) whoever being a public servant commits sexual assault on a child; or
(d) whoever being on the management or on the staff of a jail, or remand home or
protection home or observation home, or other place of custody or care and
protection established by or under any law for the time being in force commits sexual
assault on a child being inmate of such jail or remand home or protection home or
observation home or other place of custody or care and protection; or
(e) whoever being on the management or staff of a hospital, whether Government or
private, commits sexual assault on a child in that hospital; or
(f) whoever being on the management or staff of an educational institution or
religious institution, commits sexual assault on a child in that institution; or
(g) whoever commits gang sexual assault on a child.
Explanation.--when a child is subjected to sexual assault by one or more
persons of a group in furtherance of their common intention, each of such
persons shall be deemed to have committed gang sexual assault within the
meaning of this clause and each of such person shall be liable for that act in the
same manner as if it were done by him alone; or
(h) whoever commits sexual assault on a child using deadly weapons, fire, heated
substance or corrosive substance; or
(i) whoever commits sexual assault causing grievous hurt or causing bodily harm and
injury or injury to the sexual organs of the child; or
(j) whoever commits sexual assault on a child, which--
(i) physically incapacitates the child or causes the child to become mentally ill as
defined under clause (l) of section 2 of the Mental Health Act, 1987(14 of 1987)
or causes impairment of any kind so as to render the child unable to perform
regular tasks, temporarily or permanently; or
(ii) inflicts the child with Human Immunodeficiency Virus or any other life
threatening disease or infection which may either temporarily or permanently
impair the child by rendering him physically incapacitated, or mentally ill to
perform regular tasks; or
(k) whoever, taking advantage of a child's mental or physical disability, commits
sexual assault on the child; or
(l) whoever commits sexual assault on the child more than once or repeatedly; or
(m) whoever commits sexual assault on a child below twelve years; or
(n) whoever, being a relative of the child through blood or adoption or marriage or
guardianship or in foster care, or having domestic relationship with a parent of the
child, or who is living in the same or shared household with the child, commits sexual
assault on such child; or
(o) whoever, being in the ownership or management or staff, of any institution
providing services to the child, commits sexual assault on the child in such institution;
or
(p) whoever, being in a position of trust or authority of a child, commits sexual
assault on the child in an institution or home of the child or anywhere else; or
(q) whoever commits sexual assault on a child knowing the child is pregnant; or
(r) whoever commits sexual assault on a child and attempts to murder the child; or
(s) whoever commits sexual assault on a child in the course of 1[communal or
sectarian violence or during any natural calamity or in any similar situations] ; or
(t) whoever commits sexual assault on a child and who has been previously convicted
of having committed any offence under this Act or any sexual offence punishable
under any other law for the time being in force; or
(u) whoever commits sexual assault on a child and makes the child to strip or parade
naked in public, is said to commit aggravated sexual assault.
2
[(v) whoever persuades, induces, entices or coerces a child to get administered or
administers or direct anyone to administer, help in getting administered any drug or
hormone or any chemical substance, to a child with the intent that such child attains
early sexual maturity;]
 1. Substituted by Protection Of Children From Sexual Offences (Amendment) Act, 2019, w.e.f. 16.08.2019 for the
following:-
"communal or sectarian violence"
2. Inserted by Protection Of Children From Sexual Offences (Amendment) Act, 2019, w.e.f. 16.08.2019.

Section 10 - Punishment for aggravated sexual assault

Whoever, commits aggravated sexual assault shall be punished with imprisonment of either
description for a term which shall not be less than five years but which may extend to seven
years, and shall also be liable to fine.

Section 11 - Sexual harassment

A person is said to commit sexual harassment upon a child when such person with
sexual intent,--
(i) utters any word or makes any sound, or makes any gesture or exhibits any
object or part of body with the intention that such word or sound shall be heard,
or such gesture or object or part of body shall be seen by the child; or
(ii) makes a child exhibit his body or any part of his body so as it is seen by
such person or any other person; or
(iii) shows any object to a child in any form or media for pornographic purposes;
or
(iv) repeatedly or constantly follows or watches or contacts a child either
directly or through electronic, digital or any other means; or
(v) threatens to use, in any form of media, a real or fabricated depiction
through electronic, film or digital or any other mode, of any part of the body of
the child or the involvement of the child in a sexual act; or
(vi) entices a child for pornographic purposes or gives gratification therefore.
Explanation,--Any question which involves "sexual intent" shall be a question of
fact.

Section 12 - Punishment for sexual harassment

Whoever, commits sexual harassment upon a child shall be punished with imprisonment of
either description for a term which may extend to three years and shall also be liable to
fine.

Section 13 - Use of child for pornographic purposes

Whoever, uses a child in any form of media (including programme or advertisement

telecast by television channels or internet or any other electronic form or printed
form, whether or not such programme or advertisement is intended for personal use
or for distribution), for the purposes of sexual gratification, which includes--
(a) representation of the sexual organs of a child;
(b) usage of a child engaged in real or simulated sexual acts (with or without
penetration);
(c) the indecent or obscene representation of a child,
shall be guilty of the offence of using a child for pornographic purposes.
 Explanation.--For the purposes of this section, the expression "use a child" shall
include involving a child through any medium like print, electronic, computer or
any other technology for preparation, production, offering, transmitting,
publishing, facilitation and distribution of the pornographic material.

Section 14 - Punishment for using child for pornographic purposes

14. Punishment for using child for pornographic purposes

1
[(1) Whoever uses a child or children for pornographic purposes shall be punished
with imprisonment for a term which shall not be less than five years and shall also be
liable to fine and in the event of second or subsequent conviction with imprisonment
for a term which shall not be less than seven years and also be liable to fine.
(2) Whoever using a child or children for pornographic purposes under sub-section
(1), commits an offence referred to in section 3 or section 5 or section 7 or section 9
by directly participating in such pornographic acts, shall be punished for the said
offences also under section 4, section 6, section 8 and section 10, respectively, in
addition to the punishment provided in sub-section (1).]

1. Substituted by Protection Of Children From Sexual Offences (Amendment) Act, 2019, w.e.f. 16.08.2019 for the
following:-
"(1) Whoever, uses a child or children for pornographic purposes shall be punished with imprisonment of either
description which may extend to five years and shall also be liable to fine and in the event of second or
subsequent conviction with imprisonment of either description for a term which may extend to seven years and
also be liable to fine.
(2) If the person using the child for pornographic purposes commits an offence referred to in section 3, by
directly participating in pornographic acts, he shall be punished with imprisonment of either description for a
term which shall not be less than ten years but which may extend to imprisonment for life, and shall also be
liable to fine.
(3) If the person using the child for pornographic purposes commits an offence referred to in section 5, by
directly participating in pornographic acts, he shall be punished with rigorous imprisonment for life and shall
also be liable to fine.
(4) If the person using the child for pornographic purposes commits an offence referred to in section 7, by
directly participating in pornographic acts, he shall be punished with imprisonment of either description for a
term which shall not be less than six years but which may extend to eight years, and shall also be liable to
fine.
(5) If the person using the child for pornographic purposes commits an offence referred to in section 9, by
directly participating in pornographic acts, he shall be punished with imprisonment of either description for a
term which shall not be less than eight years but which may extend to ten years, and shall also be liable to
fine."

Section 15 - Punishment for storage of pornographic material involving child

1
[15. Punishment for storage of pornographic material involving child
(1) Any person, who stores or possesses pornographic material in any form involving
a child, but fails to delete or destroy or report the same to the designated authority,
as may be prescribed, with an intention to share or transmit child pornography, shall
be liable to fine not less than five thousand rupees and in the event of second or
subsequent offence, with fine which shall not be less than ten thousand rupees.
(2) Any person, who stores or possesses pornographic material in any form involving
a child for transmitting or propagating or displaying or distributing in any manner at
any time except for the purpose of reporting, as may be prescribed, or for use as
evidence in court, shall be punished with imprisonment of either description which
may extend to three years, or with fine, or with both.
 (3) Any person, who stores or possesses pornographic material in any form involving
a child for commercial purpose shall be punished on the first conviction with
imprisonment of either description which shall not be less than three years which may
extend to five years, or with fine, or with both and in the event of second or
subsequent conviction, with imprisonment of either description which shall not be less
than five years which may extend to seven years and shall also be liable to fine.]

1. Substituted by Protection Of Children From Sexual Offences (Amendment) Act, 2019, w.e.f. 16.08.2019 for the
following:-
"Any person, who stores, for commercial purposes any pornographic material in any form involving a child shall
be punished with imprisonment of either description which may extend to three years or with fine or with
both."

Section 16 - Abetment of an offence

A person abets an offence, who--

First.--Instigates any person to do that offence; or
Secondly.--Engages with one or more other person or persons in any
conspiracy for the doing of that offence, if an act or illegal omission takes place
in pursuance of that conspiracy, and in order to the doing of that offence; or
Thirdly.--Intentionally aids, by any act or illegal omission, the doing of that
offence.
Explanation I.--A person who, by willful misrepresentation, or by willful
concealment of a material fact, which he is bound to disclose, voluntarily
causes or procures, or attempts to cause or procure a thing to be done, is
said to instigate the doing of that offence.
Explanation II.--Whoever, either prior to or at the time of commission of
an act, does anything in order to facilitate the commission of that act, and
thereby facilitates the commission thereof, is said to aid the doing of that
act.
Explanation III.--Whoever employ, harbours, receives or transports a
child, by means of threat or use of force or other forms of coercion,
abduction, fraud, deception, abuse of power or of a position, vulnerability
or the giving or receiving of payments or benefits to achieve the consent
of a person having control over another person, for the purpose of any
offence under this Act, is said to aid the doing of that act.

Section 17 - Punishment for abetment

Whoever abets any offence under this Act, if the act abetted is committed in
consequence of the abetment, shall be punished with punishment provided for that
offence.
Explanation. -- An act or offence is said to be committed in consequence of
abetment, when it is committed in consequence of the instigation, or in
pursuance of the conspiracy or with the aid, which constitutes the abetment.

Section 18 - Punishment for attempt to commit an offence

Whoever attempts to commit any offence punishable under this Act or to cause such an
offence to be committed, and in such attempt, does any act towards the commission of the
offence, shall be punished with imprisonment of any description provided for the offence, for
a term which may extend to one-half of the imprisonment for life or, as the case may be,
one-half of the longest term of imprisonment provided for that offence or with fine or with
both.

Section 19 - Reporting of offences

(1) Not withstanding anything contained in the Code of Criminal Procedure, 1973(2 of
1974), any person (including the child), who has apprehension that in 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,--
(a) the Special Juvenile Police Unit; or
(b) the local police.
(2) Every report given under sub-section (1) shall be--
(a) ascribed an entry number and recorded in writing;
(b) be read over to the informant;
(c) shall be entered in a book to be kept by the Police Unit
(3) Where the report under sub-section (1) is given by a child the same shall be
recorded under sub-section (2) in a simple language so that the child understands
contents being recorded.
(4) In case contents, are being recorded in the language not understood by the child
or wherever it is deemed necessary, a translator or an interpreter, having such
qualifications, experience and on payment of such fees as may be prescribed, shall be
provided to the child if he fails to understand the same.
(5) Where the Special Juvenile Police Unit or local police is satisfied that the child
against whom an offence has been committed is in need of care and protection, then,
it shall, after recording the reasons in writing, make immediate arrangement to give
him such care and protection (including admitting the child into shelter home or to the
nearest hospital) within twenty-four hours of the report, as may be prescribed.
(6) The Special Juvenile Police Unit or local police shall, without unnecessary delay but
within a period of twenty-four hours, report the matter to the Child Welfare
Committee and the Special Court or where no Special Court has been designated, to
the Court of Session, including need of the child for care and protection and steps
taken in this regard.
(7) N o person shall incur any liability, whether civil or criminal, for giving the
information in good faith for the purpose of sub-section (1).

Section 20 - Obligation of media, studio and photographic facilities to report cases

Any personnel of the media or hotel or lodge or hospital or club or studio or photographic
facilities, by whatever name called, irrespective of the number of persons employed therein,
shall, on coming across any material or object which is sexually exploitative of the child
(including pornographic, sexually-related or making obscene representation of a child or
children) through the use of any medium, shall provide such information to the Special
Juvenile Police Unit, or to the local police, as the case may be.

Section 21 - Punishment for failure to report or record a case

(1) Any person, who fails to report the commission of an offence under subsection (1)
of section 19 or section 20 or who fails to record such offence under sub-section (2) of
 section 19 shall be punished with imprisonment of either description which may
extend to six months or with fine or with both.
(2) Any person, being in-charge of any company or an institution (by whatever name
called) who fails to report the commission of an offence under sub-section (1) of
section 19 in respect of a subordinate under his control, shall be punished with
imprisonment for a term which may extend to one year and with fine.
(3) The provisions, of sub-section (7) shall not apply to a child under this Act.

Section 22 - Punishment for false complaint or false information

(1) Any person, who makes false complaint or provides false information against any
person, in respect of an offence committed under sections 3, 5, 7 and section 9, solely
with the intention to humiliate, extort or threaten or defame him, shall be punished
with imprisonment for a term which may extend to six months or with fine or with
both.
(2) Where a false complaint has been made or false information has been provided by
a child, no punishment shall be imposed on such child.
(3) Whoever, not being a child, makes a false complaint or provides false information
against a child, knowing it to be false, thereby victimising such child in any of the
offences under this Act, shall be punished with imprisonment which may extend to
one year or with fine or with both.

Section 23 - Procedure for media

(1) No person shall make any report or present comments on any child from any form
of media or studio or photographic facilities without having complete and authentic
information, which may have the effect of lowering his reputation or infringing upon
his privacy.
(2) No reports in any media shall disclose, the identity of a child including his name,
address, photograph, family details, school, neighbourhood or any other particulars
which may lead to disclosure of identity of the child:
Provided mat for reasons to be recorded in writing, the Special Court,
competent to try the case under the Act, may permit such disclosure, if in its
opinion such disclosure is in the interest of the child.
(3) The publisher or owner of the media or studio or photographic facilities shall be
jointly and severally liable for the acts and omissions of his employee.
(4) Any person who contravenes the provisions of sub-section (1) or sub-section (2)
shall be liable to be punished with imprisonment of either description for a period
which shall not be less than six months but which may extend to one year or with fine
or with both.

Section 24 - Recording of statement of a child

(1) The statement of the child shall be recorded at the residence of the child or at a
place where he usually resides or at the place of his choice and as far as practicable
by a woman police officer not below the rank of sub-inspector.
(2) The police officer while recording the statement of the child shall not be in
uniform.
 (3) The police officer making the investigation, shall, while examining the child,
ensure that at no point of time the child come in the contact in any way with the
accused.
(4) No child shall be detained in the police station in the night for any reason.
(5) The police officer shall ensure that the identity of the child is protected from the
public media, unless otherwise directed by the Special Court in the interest of the
child.

Section 25 - Recording of statement of a child by Magistrate

(1) If the statement of the child is being recorded under section 164 of the Code of
Criminal Procedure, 1973(2 of 1974) (herein referred to as the Code), the Magistrate
recording such statement shall, notwithstanding anything contained therein, record
the statement as spoken by the child:
Provided that the provisions contained in the first proviso to sub-section (1) of
section 164 of the Code shall, so far it permits the presence of the advocate of
the accused shall not apply in this case.
(2) The Magistrate shall provide to the child and his parents or his representative, a
copy of the document specified under section 207 of the Code, upon the final report
being filed by the police under section 173 of that Code.

Section 26 - Additional provisions regarding statement to be recorded

(1) The Magistrate or the police officer, as the case may be, shall record the
statement as spoken by the child in the presence of the parents of the child or any
other person in whom the child has trust or confidence.
(2) Wherever necessary, the Magistrate or the police officer, as the case may be, may
take the assistance of a translator or an interpreter, having such qualifications,
experience and on payment of such fees as may be prescribed, while recording the
statement of the child.
(3) The Magistrate or the police officer, as the case may be, may, in the case of a
child having a mental or physical disability, seek the assistance of a special educator
or any person familiar with the manner of communication of the child or an expert in
that field, having such qualifications, experience and on payment of such fees as may
be prescribed, to record the statement of the child.
(4) Wherever possible, the Magistrate or the police officer, as the case may be, shall
ensure that the statement of the child is also recorded by audio-video electronic
means.

Section 27 - Medical examination of a child

(1) The medical examination of a child in respect of whom any offence has been
committed under this Act, shall, notwithstanding mat a First Information Report or
complaint has not been registered for the offences under this Act, be conducted in
accordance with section 164A of the Code of Criminal Procedure, 1973(2 of 1974).
(2) In case the victim is a girl child, the medical examination shall be conducted by a
woman doctor.
(3) The medical examination shall be conducted in the presence of the parent of the
child or any other person in whom the child reposes trust or confidence.
 (4) Where, in case the parent of the child or other person referred to in sub-section
(3) cannot be present, for any reason, during the medical examination of the child,
the medical examination shall be conducted in the presence of a woman nominated by
the head of the medical institution.

Section 28 - Designation of Special Courts

(1) For the purposes of providing a speedy trial, the State Government shall in
consultation with the Chief Justice of the High Court, by notification in the Official
Gazette, designate for each district, a Court of Session to be a Special Court to try the
offences under the Act:
Provided that if a Court of Session is notified as a children's court under the
Commissions for Protection of Child Rights Act, 2005(4 of 2006) or a Special
Court designated for similar purposes under any other law for the time being in
force, then, such court shall be deemed to be a Special Court under this section.
(2) While trying an offence under this Act, a Special Court shall also try an offence
[other than the offence referred to in sub-section (1)], with which the accused may,
under the Code of Criminal Procedure, 1973(2 of 1974), be charged at the same trial.
(3) The Special Court constituted under this Act, notwithstanding anything in the
Information Technology Act, 2000(21 of 2000), shall have jurisdiction to try offences
under section 67B of that Act in so far as it relates to publication or transmission of
sexually explicit material depicting children in any act, or conduct or manner or
facilitates abuse of children online.

Section 29 - Presumption as to certain offences

Where a person is prosecuted for committing or abetting or attempting to commit any

offence under sections 3, 5, 7 and section 9 of this Act, the Special Court shall presume,
that such person has committed or abetted or attempted to commit the offence, as the case
may be unless the contrary is proved.

Section 30 - Presumption of culpable mental state

(1) In any prosecution for any offence under this Act which requires a culpable mental
state on the part of the accused, the Special Court shall presume the existence of
such mental state but it shall be a defence for the accused to prove the fact that he
had no such mental state with respect to the act charged as an offence in that
prosecution.
(2) For the purposes of this section, a fact is said to be proved only when the Special
Court believes it to exist beyond reasonable doubt and not merely when its existence
is established by a preponderance of probability.
Explanation.--In this section, "culpable mental state" includes intention,
motive, knowledge of a fact and the belief in, or reason to believe, a fact.

Section 31 - Application of Code of Criminal Procedure, 1973 to proceedings before

a Special Court

Save as otherwise provided in this Act, the provisions of the Code of Criminal Procedure,
1973(2 of 1974) (including the provisions as to bail and bonds) shall apply to the
proceedings before a Special Court and for the purposes of the said provisions, the Special
Court shall be deemed to be a Court of Sessions and the person conducting a prosecution
before a Special Court, shall be deemed to be a Public Prosecutor.

Section 32 - Special Public Prosecutors

(1) The State Government shall, by notification in the Official Gazette, appoint a
Special Public Prosecutor for every Special Court for conducting cases only under the
provisions of this Act.
(2) A person shall be eligible to be appointed as a Special Public Prosecutor under
sub-section (7) only if he had been in practice for not less than seven years as an
advocate.
(3) Every person appointed as a Special Public Prosecutor under this section shall be
deemed to be a Public Prosecutor within the meaning of clause (a) of section 2 of the
Code of Criminal Procedure, 1973(2 of 1974) and provision of that Code shall have
effect accordingly.

Section 33 - Procedure and powers of Special Court

(1) A Special Court may take cognizance of any offence, without the accused being
committed to it for trial, upon receiving a complaint of facts which constitute such
offence, or upon a police report of such facts.
(2) The Special Public Prosecutor, or as the case may be, the counsel appearing for
the accused shall, while recording the examination-in-chief, cross-examination or re-
examination of the child, communicate the questions to be put to the child to the
Special Court which shall in turn put those questions to the child.
(3) The Special Court may, if it considers necessary, permit frequent breaks for the
child during the trial.
(4) The Special Court shall create a child-friendly atmosphere by allowing a family
member, a guardian, a friend or a relative, in whom the child has trust or confidence,
to be present in the court.
(5) The Special Court shall ensure that the child is not called repeatedly to testify in
the court.
(6) The Special Court shall not permit aggressive questioning or character
assassination of the child and ensure that dignity of the child is maintained at all times
during the trial.
(7) The Special Court shall ensure that the identity of the child is not disclosed at any
time during the course of investigation or trial:
Provided that for reasons to be recorded in writing, the Special Court may
permit such disclosure, if in its opinion such disclosure is in the interest of the
child.
Explanation.--For the purposes of this sub-section, the identity of the
child shall include the identity of the child's family, school, relatives,
neighbourhood or any other information by which the identity of the child
may be revealed.
(8) In appropriate cases, the Special Court may, in addition to the punishment, direct
payment of such compensation as may be prescribed to the child for any physical or
mental trauma caused to him or for immediate rehabilitation of such child.
(9) Subject to the provisions of this Act, a Special Court shall, for the purpose of the
trial of any offence under this Act, have all the powers of a Court of Session and shall
try such offence as if it were a Court of Session, and as far as may be, in accordance
 with the procedure specified in the Code of Criminal Procedure, 1973(2 of 1974) for
trial before a Court of Session.

Section 34 - Procedure in case of commission of offence by child and

determination of age by Special Court

(1) Where any offence under this Act is committed by a child, such child shall be dealt
with under the provisions of 1[the Juvenile Justice (Care and Protection of Children)
Act, 2015 (2 of 2016)].
(2) If any question arises in any proceeding before the Special Court whether a
person is a child or not, such question shall be determined by the Special Court after
satisfying itself about the age of such person and it shall record in writing its reasons
for such determination.
(3) No order made by the Special Court shall be deemed to be invalid merely by any
subsequent proof that the age of a person as determined by it under sub-section (2)
was not the correct age of that person.

1. Substituted by Protection Of Children From Sexual Offences (Amendment) Act, 2019, w.e.f. 16.08.2019 for the
following:-
"the Juvenile Justice (Care and Protection of Children) Act, 2000, (56 of 2000)"

Section 35 - Period for recording of evidence of child and disposal of case

(1) The evidence of the child shall be recorded within a period of thirty days of the
Special Court taking cognizance of the offence and reasons for delay, if any, shall be
recorded by the Special Court.
(2) The Special Court shall complete the trial, as far as possible, within a period of one
year from the date of taking cognizance of the offence.

Section 36 - Child not to see accused at the time of testifying

(1) The Special Court shall ensure that the child is not exposed in any way to the
accused at the time of recording of the evidence, while at the same time ensuring that
the accused is in a position to hear the statement of the child and communicate with
his advocate.
(2) For the purposes of sub-section (1), the Special Court may record the statement
of a child through video conferencing or by utilising single visibility mirrors or curtains
or any other device.

Section 37 - Trials to be conducted in camera

The Special Court shall try cases in camera and in the presence of the parents of the
child or any other person in whom the child has trust or confidence:
Provided that where the Special Court is of the opinion that the child needs to
be examined at a place other than the court, it shall proceed to issue a
commission in accordance with the provisions of section 284 of the Code of
Criminal Procedure, 1973(2 of 1974).
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