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 date2 as the Central Government may, by notification in the Official Gazette, appoint.
1. The words “except the State of Jammu and Kashmir” omitted by Act 34 of 2019, s. 95 and the Fifth Schedule (w.e.f. 31-10-2019).
2. 14th November, 2012, vide notification No.S.O. 2705 (E), dated 9th November, 2012, see Gazette of India Extraordinary, Part II, sec. 3(ii)/.
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. Ins. by Act 25 of 2019, s. 2 (w.e.f. 16-08-2019).
2. Subs. by s. 2, ibid., for “the Juvenile Justice (Care and Protection of Children) Act, 2000 (56 of 2000)” (w.e.f. 16-08-2019).
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. Section 4 renumbered as section 4(1) thereof by s. 3, ibid (w.e.f. 16-08-2019).
2. Subs. by s. 3, ibid., for “seven years” (w.e.f. 16-08-2019).
3. Ins. by s. 3, ibid. (w.e.f. 16-08-2019).