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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.
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.
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.
SectionsParticularsChapter IPreliminary12Chapter IISexual Offences against Children- Where to file a complaint and to whom (process of filing a complaint regarding the offences)
- Restrictions on media, studio or photographic facilities on reporting an offence
- Additional provisions regarding statement to be recorded (Section 26)
- Medical examination of child (Section 27)
- Estimation of certain offences
- Presumption of culpable mental state (Section 30)
- Special Public Prosecutors (Section 32)
- Child not to see accused at the time of testifying (Section 36)
- Trials to be conducted in camera (Section 37)
- Guidelines for child to take assistance of experts (Section 39)
- Rights of child to take assistance of legal practitioner (Section 40)
1. To report the offences If any person, including child, has any doubt that such offence can happen or has the knowledge that such offence has been committed, can give the information to the following authorities- Special Juvenile Police Unit formed in all police stations; Local police
If any person who is working with media, hotel, lodge, hospital, club, studio or photography has the knowledge that through any object, element or medium, sexual harassment of a child is happening, then that person should provide the information to special juvenile police unit or to local police. For child’s complete development and respect, during...
Magistrate or police officer shall record the statement of child in presence of his/her father or mother or any other person in whom the child has trust or confidence. Wherever necessary, Magistrate or Police Officer may take the assistance of a translator or an interpreter. If the child has mental or physical disability then the assistance of spec...
Medical examination of child in respect of whom any offences has been committed under this Act, shall be done whether First Information Report has been filed or not. If the victim of offence is a girl child, then the medical examination shall be conducted by a woman doctor Child’s medical examination shall be conducted in the presence of parents or...
If any person is facing criminal charges related to sexual offence on a child or abetting others to commit sexual offence on that child, then the Special Court shall believe that the person has committed the offence, unless proven otherwise.
Special Court shall believe that the offender has the knowledge of offence and the person has the intention and motive of committing the offence, unless it is proven otherwise, that the person mental state was different.
To conduct cases of state government, in every court a Special Public Prosecutor shall be appointed. A person shall be eligible as a Special Public Prosecutor only when he/she had been in practice as an advocate for not less than 7 years. Procedure and Powers of Special Courts (Section 33) Any Special Court can take the cognizance of any offence, u...
Special Court shall ensure that the child is not exposed to the accused while giving statement, and shall also ensure that the accused is in a position to hear the child’s statement and communicate with his/her advocate Special Court shall record the statement of child through video conferencing or by using single visibility mirrors or curtains
i. Special Court shall try cases in camera where child’s mother, father or any other person on whom the child has trust or confidence is present.
State government will provide the child assistance of non-governmental organizations, professional and experts or any person having the knowledge of psychology, social work, mental health and child development
Family or the guardian or child has the right to refer to their choice of legal practitioner, but if they are unable to bear the cost, then according to the provision they shall be provided with a legal practitioner.
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Contains all Enforced Central and State Acts linked with Subordinate Data like Rules,Regulations,Notifications,Orders,Circulars,Ordinances,Statutes.
Protection of Children from Sexual Offences Act, 2012 (PDF File) This Protection of Children from Sexual Offences Act has been promulgated by Parliament of India in the year 2012 . 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 ...
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The Protection of Children from Sexual Offences (POCSO) Act, 2012 was enacted by the Government of India to provide an extremely strong legal framework for the protection of children from offences of sexual assault, sexual harassment and pornography, while
