Rf.CISTF.RED NO. DL--fN)04JOoemOOJ-12 4(telllll(1I EX11IAORDINARY 'I:Ifl'I U-~I
PART II - Sectioo I11flml._ PUBUSHED BY AUlllORITY -.;. 341 'If~. ,...,., 'l.' 20. 20121~ 30. 19,. (~) No. 34) NEW DELHI, WEDNESDAY,JUNE 20,2012lJYAISTHA30,1934 (SAKA) l" "'" ~ 1lA '1'"- '(l 'Illft t~~~ ............ 1/; .... ~ 'WI~ri I Stpanlf PIA tI cfvn 10 did Part ia order dial it uy bit filed as a Jotpenlf: tompiblioa.
MINISTRY OF LAWAND JUSTICE (Legislative Department) New lHlhi, the 20thJIlM., 20 I2IJyaislha 30, 1934 (Saka) The following Act of Parliament received the assent of the President on the 19th June, 2012, and is herebypublisbed for&~ infonnation;- THE PROTECTIO OF CIllLOREN FROM SEXUAL OFFE CES ACT,2012 [No. 32 OF 2012)
119th.luM, 2012J AnAet to pro1eet chikhen &om offences ofsexual assault, sexual harassment and pornography and provide for establishment of Special Courts for trial oi such offences and for matters conoected therewith or iocideotal thereto.
WHfJlEAS clause (3) ofarticle 1Sofme Constitution. inter alIa, empowers the Stale to make special provisions for children;
A1<.'DWHElWS. the Govunmentoflndil bas acceded on the 11th December, 1992 totbe Coovention OIl the Rights of the Child, adopted by the Gmera1 Assembly of the United Nations, which has procribed a set of standmls to be fonowed by all State parties in securing the' best interests of the: child;
AND 'oVHER£AS it is necessary for the proper development of the child that his or ber right to privacy and confidentiality be protected and respected by every person by all means and through all stages ofa judicial process involving the child;
AND WHDEAS it is imperative that the law operates in a manner that the best interest and ",,~II bemg ofttle child are reprded u being ofplnmOUD.t importance It every stage, to ensure th~ healthy physica~ emotM'tOII, intc:Uectual and social development of tile child;
AND \VIiEIUAS the State parties to the Cooveotloo on the Rights of the Child are required to undertake all appropriate: national, bilateral and muhilate:ral measures to Jnvtn(
(a) the inducement orcoercion ofa chikl to engage Ul any unlawful sexuaJ activity;
2 TIlE GAZETIEOF INDIA EXTRAORDINARY [P"'[1- Short tltk, cxttnl and CUI.........UO.....
DefinitIons
(b) the expkMl8l.i\'C USC ofdUldren in prostitubon or other WlIawfu.I $CXUI.I pracuces;
(e) the exploitative usc ofchildren in pornographic performances and materials;
Aso WHDEAS sexual exploitation and 5CXUa1 abuse ofchildren arc: heinous crimes and need to be effectively addrnscd.
BE it enacted by Parli.lmenl: in the Sixty-third Year oflbc Rtpublk oflndiaas follo\o\'S:
CHAPTER I !'m.lNlN.uy I. (I) This Act may be cal'ed the Protection ofChiJdrc:n from Sexual Offc:ncesAa, 20 12.
(2) It extends to the whole of India, except the State ofJammu and Kashmir.
(J) It shall come into force on such date as the Central Government may, by notifieation in the Official Gazette, appoint.
2. (/) In this Act, tmless the context ocberwisr requires,-
(0) "aggravated peueCJativc sexual assault" has lhe same meaning as as.signed 10 it in section 5;
(b) "aggravated sexual assault" has the same meaning as assigned to it in section 9;
(e) "anned fon:es orsecurity forces" means armed forces oflhe Union orsecurity forces or police forces. as specified in the Schedule;
(d) "child" means any penon below the age ofeighteen ~an;
(t!) "domeslk relationship" shall have the same meaning as as.signed 10 it in clause (f') ofsection 2 ofthe Prolection ofWomen from Domestic VIOlence Act, 200.5;
(/) "penemttive JCXUlI assault" bas the same memiDg as assigned to il in se<:tioo );
(g) "prescribed" means prescribed by rules made under this Act;
(h) "'religious institution" shall have !he same meaning as assigned to it in the Religious Institutions (Prevention ofMisuse)Act, 1981;
(I) "sexual assault" has the same meaning as assigned to it in section 7;
W"sexual harassmenl" bas the same meaning as assigned 10 it in section II;
(kl "s/wed household" me"" I household when: the pcnoo cIwgod with the offence lives or has lived al any time in a domwic relationship with the child;
(I) "Special Coun" means a court designated as such under section 21;
(ml "Spociol N>Ii: """"""'" means I N>Ii: """""'"~ ..m-.32-
(1) The words and expressions used herein and not defined but defined in the Indian Pmol Code, lheCodeofCrimUll[ Procedure, [973, lheJuvcnilc Justice (Care and Proleaion ofChildml)Act, 2000 and the Informalion Technology Act, 2000 shall have the meanings respectively assigned to them in the" said Codes or the Acts.
CHAPTERn S£xuAL CI'f'aICES AOAINST QID.J'JIWl A.-Pnm'I.AnvE SUIJAL ASSAlJU' MOO PUNISHMENT THEREFOR J. A penon is said to commit "penc:tntive SC'XUI.I assauh" if-
(a) be penetrates his penis, to any extent, into the vagina., mouth, urethra or anus ofa child or makes the child to do so with him or any ocher person; or
(b) be inserts, to any extent, any object or a pan ofme body, DOl being the penis.
into the vagina, the urethra or IlrlUS oftbe child or makes the child to do so with him or any other penon; or 41 of 190 45 of 1160 2 of 1974 56 of 2000 21 or 2000 Sse. I] THE GAZETIE OF INDIA EXTRAORDINARY l
(e) he mampull1eS any pan ofme body oftbe <:hild so as to cause penetration mto the vagina, un:ttn, anus or any part ofbodyoflhe child or makes thechiki to do so with him or any other person; or Cd) he applies his mouth to the penis, vagina.. anus, urethnofthe child or makes the child to do so to such person or any other person.
4. Whoever commits peoetrative sexual assauh shall be punished with imprisorunc:nl ofeither desaiption for. term whK:h shall not be 1m: than seven years but which may extend to imprisonment for life, and shall also be liable to rme.
So (a) Whoever, bdnga pohcc officer, commrts peocuaive sexual assauh on. child (I) within the limits of tile police station or premises u which he is appointed; or
(il) in the premises of any station house, whether or not siruated in the: police station. to which be is appointed; or
(iii) 1ft the COlJtSe ofhis duties or otherwise; or (IV) where: he is known as, or identified as.. police offICer; or
(b) whoever being a member ofthc armed f<nes orsecurity forces commits penetrative $Cxual assault on a child- (I) Within the: limits ofthe areI to which the person is ckployed; or
(il) in any ueas under the command of the forces or armed forces; or
(lif) in the course of his duties or otherw;se; or
(iv) where the said person is known or identified as a memberoft1Je security or armed forces; or
(e) whoever being. public: servant commits pelK:babve sexual assault on a child; or
(d) whoever being on the fIWlagement or OIl the staffofajail, remand bome, protection home, observation home, or other place ofcustody or care and protection established by or under any law for the tin'w:: being in force, commits pcnc:trative sexual assault on a child, being i.nmak ofsuchjail, remand home, procection homt, observation home, orother place of custody or cue and proltCtion; or
(e) whoever being on the management or staffofa hospital, whether Government or private, commits penetrative sexual assault on a child in that hospital; or (I) wbotver beingon the management or staffofm educational institution or ~Iigious institutIon, comnllts peoeuative sexual assault 011.1 child in tlw: instiMton; or
(g) whoever commits gang penetrative sexual assault on a child.
£.xpianation.-When 1 cbild is subjected to sexual assault byonc or more persons of a group in furtbennce of their commoo intentioo, each ofsuch persons sbaI.l be deemed to bave committed gangpcnetntive sexual assault within the meaning of this clause and each of such person shall be liable for thai 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, [lft, tinted substance: or corrosive subswlce; or (,) whoever commits pmctrative sexual assault eausin& p1a'OUS hun or causio& bodily bann and injury or injury 10 the sexual organs ofdw:: child; or PuI.lftmtDI r..
pentlrlmt sexUli aSSlUll "WInlcd ptntlfatnt IUUII .SIUIL 4 THEGAZETTE OF INDIA EXTRAORDINARY Pulu.nmenl (or IIIl'ttlltd p<:netnl1uc KlIUal alIoMlIL (;) whocver commits penetrative sexual assault on a child, which- (,) physically incapacitates the child or causes the child to become: mentally ill as defmed UDder clause (b) of scc:tioo 2 of the Mental Hulth Act, 1987 or causes 14 or 1917 impairment of any kind 50 as to render the child unable to perform regular tasks, temporarily or pennanently; or (iI) in the case of female child, makes the child pregnant as I consequence of sexual assauh:;
(iiI) inflicts the child with Human Immunodeficiency VIJUS or any adler life lIveatening disease: or infection which may either temporarily or permanently impair the child by rtndering him physically incapaciwed, or mtntally ill to perform regular tasks; or (A) whoever, taking advantl&c of a child's menial or physical disability, commits penetratin sexual assault on the child; or (I) whoever commits penetrative sexual assault on the child more than once or repeatedly; or
(m) \llltoevcr commits penetrative sexual assault on. child below twelve years; or
(n) whoever being a relative oftht child through blood or adoption or marriage or guardianship or in foster cart or baving. domestic relationship with • parmt of the thUd or Yoho is living in the same or shared housebold with the cbild, commits penetrative sexual assault on such child; or
(0) whoever being. in the ownenhip, or management, or staff. of any institution providing services to the child, commits penetrative sexual assault OIl the chiSel; or (P) ~hoe ...er being in a position of trust or authority of a child commits penetrative sexual assault on the child in an institution or home ofme child or an~here: else; or
(q) WOOc\U commits penetrative sexual assault on a child mowing the child is pregnanr;or
(r) whoever commiu penetrative sexual assault on a child and attempts to murder the:
child; or (I) whoever commits penetrative sexual assault on achild in the: course ofcommunal or secwian violence; or
(t) ~toever commits pmetlaUve sexual assault on. chikt and who has been prn'KMJsly convicted of having committed any offence under this Act or any sexual offence punishable under any other law for the time being in foree; or (II) whoever commiu 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.
6. Whoever, commits aggravated peoetrative sexuaJ assault, shall be punished with rigorous~ for. term which shall noc be~ than teD years but which may extend to Imprisonment for life and shall.1so be liable to fme.
C.-5ExuAL ASSAlLT AHO PUNISHMENT THfIUOa SauIl -.uh. 7. Whoever, with sexuaJ intent: touches the vagina, penis, anus or breast ofttle 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 inteot which involves physical contact without penetration is said to commit sc:xuaI assault.
s.r IJ nffiGA7£ITEQ,. [NDIA EXTRAORDlNJo.RY s
8. Whoever. commits ~ual assault, shall he pWlished with imprisonment of either !'ur.l)hmmt for descnption for a lC:nn ",,1uch shall DOt be less than three years but ¥'hich may extend to five 5«Ul IS~L YQB. and sball,lso be liable to tioc 14 or 1~11 D.--AOORAVA.'"ID SEXUAL A5SAUU AM) PUNISH.\oCENT"T1DFXlI.
9. (a) Whoever. being a police officer, commits sexual assault on a child- (.) within the Ilmits ofme poliu station or prmllse:s Ytt\ere he is appointed., or (i,) in the pm1'llscs of any station bouse ""flether or nOl sJtuakd in the police station to which he is appomkd; or
(iii) in the COW'St ofms duties or otbcrw~: or
(iv) v.hcre he is~1l as. or identified as a police officer; or
(b) whoever. being a memm of the anned forcct or security forces., commits sexual lli.Sluit on a child- (I) Within the limrts ofttle area to which the pmon is deployed; or
(il) in any areas undtT the command of the security or anned fortes: or (ii,) in the course of his duties or otherwise; or
(n) ""bert: he ~mo\louor identified as. mcmbcrofthc secwityorarmed forces; Of
(e) YthOCVCf being a public servant commits sexual assault on a child; or
(d) '4'hocver being 011 the management or on the staff of a jail. or remand home or proc.eCtlOO hoone or obseJ'vahon home. or other plact of custody or care and protection establJshcd by or under any law for the~ being m force commits sexual assault on I child being Inmale of such jail or remand home or protection home or observation home or other place of custody or cart and protection, or
(e) wboe...er being on the rnani.gtmeIlt or staffofa hospital. Vr'hcther Government or pn...·ate. commits sexual assault on a child in that hospital; or
(j) whoever being on the management or staffofan educational institution or religlous mstitution, COllUMS sexual assauh on I dilld in thallJl5titullOO; or
(g) Yrilotver commIts gang sexual assault on I child.
Expfanation.-when a child is subjwed 10 sexual assauh by one or more perlOnS of a group in fwthennce of their common intention, eacb ofsuch penons shall be deemed to ba... e COIt1JJUI1tCI gang sexual usauh ",ithin the meaning of this clause and each of such penon shall be liabk for th.a1 act in the same manner as if itw~ done by him alone; or (II) whoever commits sexu.al as.sault on a child using deadly weapons, fire. healed substance or corrosive substance; or (I) ~hoeVttcommits stxualassault causing grie\'ous hW't or causlllg bodily Iwm and injury or injury to 1M sexual organs ofthc child; or (;) whoever commits sexual assault on a child, whicb- (,) physically mcapacitates the child (P.' causes tbcchild to become mentally ill as dcftned under clause (1) ofsrction2 oftbe Mental HcalthAet, 1987orcalSC5 impairment of any kind so as to render the child unable to perform regular tasks. temporarily or permanentl), or (1I) i.'\fllCtS the child with HWIWI lmmuoodcflcieJ1C} Virus or any other life threatenmg disease or infection 'Anich may tiM tm1pOI'8nl) or permanently impair the child by rmdmng him phYSlC8lly incapacitated, or mentally ill to ~Iform regular tasks; or AurlVlled ""'" """, 6 THEGAZETIEO.lNDLA EXTRAORDINARY PUnishment for agnutcd ~"" .......
"'"'"hl.llnmcnl.
Pulllshmelli fOf xxual IlltUllllent UK or duld for por.olr.pllie........
(.t) whoever, takmg advantage of II. child's menlal or physical disability. commits Kl\,ua] assault on the cllild; or
(l) VtbOCVer commits SCK"-Il assault oolhe child more than ooce Of repeatedly, or
(m) whoever commits sexual assault on a cbild below ~elve years; or
(n) whoever, being a relative of the child through Mood or adoptKll or marriage or guardianship or in foster c:an=. or hiving domestic relationsbip with I parerJ of the child, or who is hvq~ IE sa'OCor Nulhot!5tfri1 Vl1ih the d:U1, a:mnia SCXI.eII5SaUIOII~ cbiId. or (o}wtxr.er. being 01 the ownershipor~t orSlafI; ofany UlStltuhon providing sen'ices to the child, commrts sexual assault on the child in such instituuon; or (P) whoever. being in. position oftrust or authority ofachild. commits sexual assault on the child 0111I tnStltution or home ofttle child or anywhere else; or
(q) wboe..er conmuts sexual assault 011 I child knowlOg the child 1$ prtgnan~ or
(r) whoc:ver conuniu snual assault on a child and anempts to murder the child; or
(s) whoever conunits sexual assault on a child in the course ofcommunal or sectarian violance; or
(r) Vt"OOever tommIlS sexual assault 00 I child and who bas been fRvNly convICted of having commined any offence Wldet this Act or any sexual offence puniJhable wtder any other law for the time being in force; or (II) whoever commits sexual assault on I child and makes the child to strip or parade naked m publK.
is said to commit aggravared sexual assault.
10. Whoever. CUlTlmJtJ aggravated sexual assault shall be punished with imprisonment ofeither description for Itmn whtch shall not be less than five yean but which may extend to se.. en)UrS, and shall also be liable to fine.
E.-SEX\JAI.. H"hSSYFNT AND J"tJNtSHWENf THEU:FOl
11. Aperson is said 10 commit sexual harassment upon a child when such penon with sexual intent,- (,) utters Illy word or makes any sowMi, or makes any gesfW'e or exhibits any obje:ct or part of body with !be intentIOn 1baI such word Of sound sha1I be heard, or such gesture or object or part ofbody shall be seen by the child; or (lI) makes a child exhibit his body or any part ofhis body so as it is 5ttIl by such person or any other person; or
(iii) shows any object10' child in any form ormedia for poiWitapbic pmposes; or
(hi) reptatedly or conswttly follows or WIk:bes or COI11aCt5 • child either dirtctly or through electronic, digital or any ocher means; or (\I)thre3tens to use, in anyfoon ofmedi.. a real or fabricated dep~ion through elKtrOnic, film or digital or any other mode. ofany paltoflhe bodyofthc child or the in...oh'eme!lt oftbe child in a sexual act; or (v.) entices. child for jMul:>gtapbic purposes or gives gratlflCllion therefor.
ExplanatIon-Any question whkh involves "kXUll intent" shall be a question offaet n. Whoever, commiu sexual harasSl!lenl upoo • child shall be punished with impnsonmc:nl ofdther dtsc:ription for. term Vlnicb may extend to thtu years and sball also be liable to fmc CHAPTERIU USING 0t11.D FOa. I"CllNOOI.Af\O PURJI05ES AND~ rnEJU'.1Oll
13. Whoever, uses. cbikl in any form of~(includingprog.rammeor adverti.semem te~t b) televism channels or mtnnet or any other electronic form or printed form, .... hether or not su h programme or ad"'crtlSement is intended for personal use or for distributioo), for the purposes of sexual gratification, which includes-
(0) repmcntatioo of the saual organs of. child;
(Il) usage of. child engaged m Ral or simula1td St"XUI.I acts (WIth or Without ptne:lT3tlon);
(c) the indecent or obscene representation of. child.
!JWl be guilty of the offcnce ofu,j:ljt. child rOt pornographic purposes.
s.:. Ii TIlE GAZElTEOF INDIA EXTRAORDINARY 7 EJ.,:IONlfIOlL-For the purposes of th:s section, the otpr~ion "!at • child" shsll include Involving a child through any medium e priot, dectmoic, computer or any other ttchnoloJ)" for prepanltion. producuon, offering, transn'llaing. publi)hing, facilitation ;md dutribuuon oftM pornographic material.
14. (I) Whoaer, uses. child or childrm for potuographic purposes shall be punished ~lth IDI.pCison.rnent ofeither~ .....h.icb may exteod to five years and shall .Iso be liable to fme and m the e-,'eot of secood or subsequent conviction with im.pnsomnent of either descnpbOO for. term whic:b tDI). extend to seven )C,rs and al50 be liable to fme.
(1) Ifthe penon usmg the child for poi ......a;Alk purposes comnuts In oflincC' referred to in sectIon 3, by directly participcing In pomograpbjc: acts. be shan be pwwbed \\ith impnsonment ofCltberdtscripcion for I term ""ilich shall not be less than te:rl)urs but whicb may extend 10 unprisonment for life, and shall also be liable to tint
(3) I(the pmo=l using the child for POUl0i'..,we purposes commns III offmcc referred to in section S, by dLJtttty participaung In poiflOCiapbic ICU. he: shall be punished ....ith ngoroos imprisonmtnt for life and sball also be Iiablc: to rIM «() I(the penoo using the child for porrqxaphic pwposc:s commrts an offence referred to 1I\ sectioo 7, by directly parucipeting in potDOglIflbK IClS, he shall be punished with imprisonment ofeither dc:script:1Oa for. term wbicb shall not be kss than sU!:)Ul'1 but whicb may extend to eight years, and shall also be liable: to fine.
(1) I(the penon using the child for poi"""i1 .....'Ue purposts oomtnlts an offence referred to in section 9, by dirtf;dy participating in pocuopaphic lets. he shall be punished with imprisonment ofeither description fer a term wbich shall DOt be kss than eighl yean but Vthich may extend 10 len years, and shall also be: liable to flOt.
IS. An)' pmon. who stores, for commercial purposes In)' pornographic nwerial Ul any form Involving achild shall be: punished with imprisonment ofeither description which may extend to lhret years or with fine or with both.
CHAPlElIV ~"'1MENTOf AND ATTEMPT TO CONMrr AN O.'JENa
16. A person abets an offence, who- F.rsl.-- Instigates any penon to do thai offence; or SecondJy.- Engages with one ormore other pel'SOll or penon! in anyconspiracy for (he doing of that offence, if an aet or illegal omiuion takes place in pursuance of that conspiracy, and in order to the doing of that offence; or Thud/)(-Intentionally aids, by any act or illegal omission, the doing of that offence.
Ezplanallon J.-A person who, by wilful misrepresentation, or by wilful concealment ofa matcrial F1et, which be is bound to disclose, volwltarily CI\ISC1 or procures, or lnemplS to cause or procure a thing to be done, is SlId to instigate the doing of thai offence.
Explanation /I.-Whoever. eithn prior to Of II the time ofcommission ofan act, does anything in order to facilitate the tommiuion ofttw Ie&, and thereby facilitates 1be commission tbtttof, is said to aid the doingoftballCl Ezr/arwJiDn ///.-Whoeveremploy, harbours, receives or transportS • child. by means of1hreal or use of force or other forms ofc:oercion, abduction, fraud, deception, abuse of power or of I position, vulnerat)llity or the giving or receivin& of payments or benefits 10 achieve the coosent of I pnsoo havmg control over another person, for the purpose of lOy offence under this Act, is said to aic:lthe doing ofthaJ: act.
17. Whoever abets any offence undc; this Act, iftbe act abetted is committed in consequence ofthe: abetment, shall be punished with punishment Pf'O\ided forthat offence.
£XP/unation. -An ICl oroffence is said 10 be commiued in ronscqumte ofabctment, "hen it IS committed in coosequencc oflbt insl:iptio:t. or III pursuance: oftbe conspiracy (If" "lth the' aid, Vthicb COOSlitute5the abC'tmml..
18. Whoe\tt anempu to commit any o(fmcc pUlushablC' WIder thIS Act or to cause such an alTmce to be: tommi~ and in such anempc, does any ICllowards!he commlSSMlfl of the onmce, d\all be punl~ "ith imprisonmmt of any desc:ripboo providC'd for !he ru.1Sbrnmt (or .mr ~14 r..r POI_OII.pllle........
f"utlJJhmetl!
for stor.e of pontOJlaph Ie mateTlai lnvolvltli chll4.
Abetmtllt of an offence P\!1ll.ShIlleIU for at(t1:lpl 10 _rtM o(felKe 8 THEGAZETIt: OF INDIA EXTRAORDINAR.Y IP.",U - ObhptKlft of .......M' pllotopaphlc fac:lhun to,-- PUllld!mtnt for fallurt w rcpen or """'.- Punld!mcnl 101 fabt COl:lplalnl ~r....
u:rolmlllOfl offence, fo~ a tt'nn .... hleb may extend to onc·h-"Ifofthe imprisonment for life or,lt:t!.he ease may bt, one·hllJfafthe longest teml ofir.lpriSO!lIr.cll1 providtd ffl!' mat offcnccor .... i1h fmc or wIth boch.
a lAPTl::.R V PltClCEl)L"'lE FOa~ OF CASF-S
19. (/)hotWithstanJinglrl),thlngCODWned in the Code ofCriminal Procedure, 1973, any person (including the child), who has apprebcnsion that an offence under this Act is likel)' to be commItted or has kno.....ledge that such an offmce b2s been committed, he sha!1 pro't'idc such informauon to.,--
(a) the Special Ju\enile Police Unit, or
(b) the kal pollct'.
(2) Every report given under sulHection (/) shall be--
(a) ascribed an enuy nwnbcr and recorded In .....Titutg;
(b) be read ovn to the informant;
(e) sh.aI1 be entt'rCd in • book 10 be kept by the Police Unil
(3) Where the repon under sub«ctioo (/) is given by, chik1, the same shall be recorded under sub-section (1) in a simple language so that the child understands contents being recorded.
(,f) In case contents are beutg recorded in the language noc: underslood by the child or ",here\·er it is dttmed necessary, , trlnslalor or an interpreter, having such qUll.lifications, experience and on payment ofsuch fees as may be pmaibed, shall be provided to the child if he fails to u=ldmtand the sarnt.
(5) Where the Special Juvenile Police Unit or Ioc.aJ police is satisfied thai the child against whom an offence has been comm.incd is in need ofcare and protection, then, II shall, after recording the reasons In ",Tiling. make immcdl8le II'J'aIIFDtlIl to gi\'C hmsuch care and protection (including admitting the child into sheher home or to the neamI hospital) within twC!ll)-four hours of the report, as may be prescribed.
(6) The Special Ju\enilt Police Unit or 10caI police shall, without unncccssat)' delay but within' period oft\\'mty-four hoots, rtpOf1 the matter to the Child Welfare Committee and the Special Coun or where no Special Court has been designated, to the Coon of Session. including need of the child for care and protection and stepS taken in this regard
(7) No person sball incur my liabillly, whether civil or a'1IIlinal, for giving the infonnalKln in good faith for the purpose ofsub-section (I)
20. Any personnel of the media or hotel or lodge or hospital or club or studio or photographic facilities, by ",bateYa'" name called, irrespective of the nwnbcr of pmons employed therein, shall, 00 COOlln&ICfOSSIn)'malcrial orobjce:t whidl is sexually explonati\e ofthe child (lOcludmg pornographic, sexually-related or making obscene representation ofa child or children) lhrougb the use of any medium, shall provide s~h information 10 the Special Juvenile Police VOlt, or to the local police, as the case may be.
11. (/) Any person, ..... 00 fails 10 report the commission of an offence under sub section (I) ofsection 19 or section 20 or .... bo fails to record such offence undersub-~on
(1) ofsection 19 shall be punlSbed with unproon.mcnt ofeIther descnptKrt whacb may extend to six months or with fine or with both.
(1) Any person, being m-ctwge of InY company or an instiMion (by \\batev« name called) who fails to report the commission ofIII offence tmder sutHectioo (/) ofsection 19 in respect of. subordinate under his control, shall be punished Wlth imprisonment for a lenn wni<:h may extend 10 one )'CIf and with fmc.
(1) The provisions of sulHection (/) shall no( apply to. child under this Act.
22. (/) Any penon, .....00 makes false complalllt or provides false information against any person, In respect ofan offence committed under sections 3. .5, 7 and section 9, solely with the Intention to humiliate. wort or threatm or defame him, shall be punMcd with imprisonment for , term ....hicb may extend 10 SIX months or with fine or with bolh
(1) When:, false complamt has been made or f,1se mformallOn has been provided by a child, no punishment shall be imposed on sucb child (J) Wboc\'tt, 00( being a child. makes a f&lsc comp1amt orprovides false information llg3inst al.:hild, knowing it to be false, thereby victimising such child in any oftM otTenct\ undcT this Act. shall be puni~hed ""1thim~t which may extend to one ynr ('If with fine or d\ bot-It :I of 1974 SEc. I] THE GAZETIE OF INDIA EXTRAORDINARY 9
23. (I) No prnon shall makc any ~l't or present COmr.le:l.:!; c..,:my .:tild tt,x,-, ....~ ;', ............1< ",It form of media or stUdto or photographic f.cilrrin without having complek and authentic I!IClb mfonnation, wbicb may have the cffect of k)wmng his reputarioo or infringing upon his privacy.
(2) No reports in any media shall diSClose, the identity of. chikl including hi! name, address, photograph, family details, school, neighbourhood or any other particulars v.hich may lead to disclosure of identity ofw child:
Provided that for reasons to be recorded in writing.lhc Spteial Court, competent to tty the casc under the Act, may pennit such disclosure. if in its opinion such disclosure is in the interest oflhe child..
(3) The publisher or ov.ner of the media or studto or photographic facilities shall be jointly and severally liable for the acts and omissions of his employee.
(4) Any pcoon woo contravenes the provisioos ofsub-scctton (I) or sub-section (l) shall be liable to be punished with imprisonment ofeither descnption for aperiod which shall not be less than six months but which may extend to one year or with flDC or with both.
CIIAP'lCIt Y1 2 of 1974 PaocmuRES FOR UCClaDlNO STATEMENT OF 1lIE CHILD
2.&. (I) The statement ofw chlkl shall be recorded at the residence of the child or at.
place v.here he usually resides or at the place of his choice and as far as practicable by a v.oman police officer not below the rank ofsub-inspector.
(l) The police officer v.hile recording the statement ofdle child shall not be in Wl.ifonn.
(3) The poltcc officer making the investigation, sbal~ while examining the chiki,~ 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.
(oS) The police officer shall ensure that the iderJtity ofthe child is protected from the public media, unless otherwise directed by the Special Court in the interest of the child.
25. {I} If the: statement ofthe: child is beingrtCOf'ded undersection l640fthe Code of Criminal Procedure, 1973 (herein rtfmed to IS the Code), the Magistrate recording such statement shall, notwitJutanding anyttung contained therein, record the statement as spoken by the child:
Provtdcd that the provisions contained in the flf'St proviso to SUb-section (I) ofscction 164 of the Code shal~ so far it pennits the presence of the advocate of the accuscd shall not apply in this case.
(l) 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 flnal report being filed by the police under section 173 ofthat Code.
26. (I) The Magistrate or the police officer, as the case may be, shall record the statemenl as spoken by the child in the presence of the parents of the child or any other person in ,,'born the child has trust or confKknce.
(1) Wherever necessary, the Magistrate or the police offICer. as the casc may be, may take the assistance of. tnnslllOr or an interpreter, having such qualifrcations, apc:ric:ncc MId on paymcnl of such fees IS may be prescribed, whHe recording the statement of the child.
(J) The Magistrate or the police offJccr, IS the casc EMy be, may, in the case ofa child having a mental or physical disability, seek the: assistance of. 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 ofsuch fees as may be prescribed, to record the statemmt of the child.
(4) Wherever possible, the Magistrate or the police officer, as the case may be, shall ensure that the statement oftbc child is also recoldcd by audio-video electronic means.
Reeordla, of It.'emenl or • cluld.
R«:ordltll or sutaneIllOra mild by M"Ist,atc:
....ddlUonai proVISIOIU """'ml nate:mc:nl (0 be: recorikd 10 THE GAZETTE OF INDIA EXTRAORDINARY [PARr 11- n.IDunIUOII of I dllld De.sIPltion ofSpeaal Coouu Presumption as 10 <:erUJn offences Prtsumpuon of culpablc mental stlte ApphcalJOll of Code of Cnmlnal Procedure, 1973 10 proccedullS before • SpecIal Court.
17. (I) The medical examinauon ofa child in rnpect ofwhom an)' offmc~ has been commined under this Act. shal~ notWiWtanding lbata Firsllnformaoon Report or complaint has noI been registered for the offences under this Act, be conducted in accordance with 5CC1ton I64A ofthe Code ofCriminaJ ProcedtR, 1973.
(1) In case the victim is. girt cbild. the mecbcal eXanluwion shall be conducted by a woman doctor
(1) The medical examination shall be conducted in the presen« of the parent of the child or any other penon in whom the child reposes trust or confidence.
(4) Where, in case the parent ofme child or other person referred to In su~scction(J) cannot be present, for any reason, during the medical examination of the child, the medical examination shall be conducted in the presence ofa ","'Oman nominated by the head of the medical institution.
CHAPlElVU SPSCIAL CouJm
28. (I) For the purposes of providing a speedy trial. the tate Government shall in consultation Wlth the aLiefJustlcc ofthe High Court. by notification in the Official Gazette.
designate for eacb district, a Court of Session to be a Special Cow1 to try the offences under theAet:
Provided that if a Court of Session is notified as a children's court under the Commissions for Protection of Child Rights Act, 2005 or a Special Court designated for similar plI'POSeS UDder any other law for the time being in force, then, such court shall be deemed 00 be. Special Court under this section.
(1) WMe trying an otreoce under this Act, a Special Court shall also try an offence {other than the offence referred 00 in ~KClion (/)1, widt which the acatSCd may, under the Code ofCriminal Procedure, 1973, be charged at the: same trial.
(3) l'he Special Court constituted under this Act. notwithstanding anything in the Infonnatm Technoklgy Act. 2000, shall have jurisdictioo. to try offences UDder section 678 of thatAct in so far as it relales to publication or transmission ofsexuallyexplkit material depicting children in any act, or conduct or mamcr or facilitates abuse ofchildrcn online.
29. Where aperscrl is pt'ISCCUCd b arrrnittq, (J'~ CI"~ 10 amni til)' offeocc II1lIcr ....... J. S. 7 lIld """'" 9 d dUs AD., 1he Special Out shall _ Il1aI such p""" has amnirr:d CI"abca£d <rata l't*'d 10eurri!heoti:Iu., &5 the case9ybe lI'Ik3 the camwy is JI'OYCd
30. (J) In any prosecution for any offence under thisACI which requires a culpable mental state 00 the pan of the accused, the Special Coon shall prcswnc: the existence of such mental state but it shall be a defence for the accused to prove the fact that he had no sucb mental state with respcc:t to the let charged as an offence in that prosecution.
(1) For the pwposcs of this section, a fact is said to be proved only when the Speclal Court believes it to aist. beyond reasonable doubt and not merely ..'hen its existence is established by • preponderance of probability.
£:qJianatlon.-ln this section, ·culpable mental state· InCludes inlention, motive, knowledge ofa fact and the belief in, or reason to believe, a fact.
31. Save as otherwise provided in this Act, the provisions of the Code ofCriminal _197J(mc1u<tingtbe prov;sionsa'lObbI ondbonds) JhallopplylOtbe pro=dings before a Special Coun and for the purposes ofthe said provisions, tile Special Court shall be deemed to be a Court ofSessions and the person conducting a prosecution before a Special Court, shall be deemed to be a Public Prosecutor.
:z of 1974 4 of 2006 2 of 1974 21 of 2000 2 of 1974 31, (I) The Slate OO"WllncOI .hall, by ootificilion in Ihe OffICial Gazone, appo;,'tl Speciol Public Pro"",u,,,, for c"cf}' Special Court f", <:<lnducling cases ooly und<. the provision. of thi. Acl.
(1) ApU'OI! sb.1I be eligiblelo be Ippoinled as a Spooi.1 Public ProS«ll1Of undcr ,ub· seelioo (I) only ifhc had bccu in proetiec for notle5$lbJll5Cven ye... I. an ad.OClle.
(J) EHr')' penon appointed IS I Spedal Pllblic P'Os«lItor under Ibi. ""'lion .hall be decn..d 10 be a Public ProSIXulOf ",i!hin the meoningofet,"sc (II) ofscclio020fthe COOe of Criminal Proccdurc, 1'1?J and p,o.i.ion onh.t Code .hlll Mve effcel a«ordingly.
CHAPTJJRVUl lor 191' ~.ll T1lEGAZElTEOF INOlA I!XTRAORllJNARY " S",,,,; r.bl" p,O,"""".
1 of 1914, 16 of 2000 ""OCODmll A.'lll'O'/o'EU OF SPtiCIAl. Cooku A"O IlICORIX!'<l OF EvUJt);Cti
33. (I) ASpeei.1 Court may lake cogoi..""" oflllyoffcncc, ",ilhoullhc ICCU...d being committed to it for trial, upon rceeiv"'lla romplaint offael.",hich eonstiMe such otTence, Or upon a polke report ofsoch faclS,
(2) The Speci.1 Public Prosecutor, or OS Ibccue may be, Ibc <:<lunilellppn,inll for rhe ac.:00 sIIaII....hile rc«>rding Ibe e"",,,inll >On· in -<: hief, c....,....xam inal ion or rc..nminalion of lb. child. rommunklle rhc quest tons 10 be pul to the eh ikilo rhe Spo< ial Court ",hich ,hall in tum pll' those q....tilHls 10 rho child, (J) Th. Specill Court may, if it cOl'llidcrs IIC«SW)', permil rrcquent bmb for rhe child during rhetrial.
(4) The Specill Court .hlll creare I chiid.fricndly Itmosphere by IlIowi"3 I fomily member. a gllardilJl, a friend Of I relolive, in wblHl1 the child hIS lnISI 0' confidcncc, 10 be preilenl in rhe COWl.
(J) The Sp«:i.1 Collrt ,bill e",W'Ctballhe child i, not called ,epc"tedlylO testify in Ibe COUrl.
(6) The Special Court W111Hll permit aggre..ivequcstioninio, character wwinalion of the child Ind enlllre thaI dignily ofrhe child i, moinlllined at alilimel dU'"'i the trial.
(1) The Special ColIn shill ensW'C rhllrhc ideotily oflbe child i. not di,cloud alany lime during llIe cow'sc of in"eOliialion or uil;'
Provided rhat for ........ 10 be 'cwrdod in "'Titing. Ibe Special Court may permilsuoh dilcl",u,., if in it! opinion .lIch di..I"'''''' i. in llIe interest ofrhe child.
F.tplanaHo...-FOf the JIIIfIl"SC' of rhi, .ut.....tion. Ibe idcnlily of ilia child ,hili indude Ill. Id<ntily of lbe child's family, ""bool, relali.'e.. nci&hbourhood Of any o1hc, inform~lion by ....hich lbe identily oflbe child mlY be ...talro.
(8) In ~ppropriale Clile., rhe Speci.1 Court mlY, in addilion 10 the pll1l1,hnlCnl, duecl pa),."cnt of such compenlalion as may be pret<:libod to lb. child fo' any phyoical or mental l/'II\Ullleau...d 10 him 0' for immediale rch~biliUllion of .uch child.
(9) Subjecllo lbe provisions ofrh" Act, a Special Court Shill, fo, rhe pwposc ofrhc uill of any offence undo' rhi, ACl, hue alith. po....rs of a COlin of So..ion and shallll')' '"ch offcnce Q if ii ....... a Court of Selllon, and Q far Q mlY be, in a«ordaoce ....irh rhe proccdurc 'pee ified in Ibe Cede ofCrim inal Procedure, 197) for trial before aCounofSminn.
34. (I) Wher. Illy offence undo, Ibi. Acl I. rommillro by a child, such child 'ball be deatt with under rhe provi,ions of rhe Ju,...il. JUlliu (Calc lOd Proteclion of Childtfn) ACI,2000.
(1) lfanyque,lion arises in Illy pro<:ccdini before lhe Specill CoIIrt ...hclbc' I person i. a child 0' flOC, .ucb quc'li"" "'aU be determined by1lH: Special COl/lulie' sali.fying il!clf .bout lb. age ofauch person and it shall 'CCOId in ......ilini it! reMons for such d<lerminalion, P,,,,,d,,. "j ~o,.'", or S~.';01 c"",,- rr""dw, io , ... or '1NlIIIl'''ino of.rr,..., b~ ,lI.ild ..d 4"""'."'01 oh" by Sl"'ioi C,,"n 12 THE GAZETIEOF INDIA EXTRAORDINARY Pcnod fOl rcconhn& of ~ldcncc: of child and dlqKlU1 of ~ Child Clot 10 sec aecllSed ,t the time of IClllf)11l.1 Tillis to be conducted I" CII_'II A$S1stane:e: of III Interpreler or c:cpen ....hile ~d,n& ~,dme:e of "'"' QllldchllQ for child to like Iss,stlnce of uperu, C1t RJ&ht of child 10 lake &111Slall.U of I<pI prlCl.Ihoaer PrOVISions of Itt:bonI 3 to 13 _ 10 apply ID """" "'" AhCl'1llll~C pllmillment (J) l'io order made b) the Sprcial Coun shall be deemed to be in....Hd merel) b)' an) subsequent proof that the age ofa penon as detennined by it under su~section (1) was n~ the correct age of that person.
35. (J) The evidence ofthe child shall be le<Xlt ded withm a period ofthirty days ofthe ~ialCoontakin&~ofthe offence and reMOnS for delay, ifEl). shall be rtCOrded by the Special Coon.
(2) The Sprcial Court shall complete the uial, as far as possible, within a period ofone )~ar from the date oftalcingcognizance ofthe offence.
;)6, (J) The Special Court shall ensure that the child IS not exposed in any Ylay to the accused at the time of recording of the evidence, ~hile at the same time ensuring that the accused i5 in a position to hear the SWtment ofthe child and communicate with bis advocate.
(1) For the purposes ofsub-section (I), the Special Cow1 may record the statement of a child through video conferencing or by utilising smgle visibility mirrors or curtains or any other device.
37. The Special Coun shall try cases In camua and in the presence ofthe parents of the child or any other penon in whom the child has b'USl or confideoce:
Provided that where the Special Court is of the opinion that the child needs to be examined at a place other than thecOW1, it shall proceed to issue a commission inaceordance with the provisionsofsect.ion 284 ofthe Codc.ofCriminal Procedure, 1973.
38. (J) Wherever necessary, the Cow1 may take the assistance of. translator or Interpreter having such qualifications, eXperience and on payment of such fees as may be prc5<:libed, while recording the evidence ofw child.
(1) If. child bas. men1aI or phl.icalltisabilily, the Special Cowt maytak. the assistance ofa special educator oranypmort familiar Wltb the manner orcommunkation oftile child or an expert in that fteld, baving such qualifications., experience and on payment ofsuch fees as may be prescnbed to record the evidence of tile child.
CHAPTERlX ~
39. Subject to sucb rules as may be made in this behalf, the Stale Government shall prepare guidelines for use of non-govemmcntal organisations, professionals and expens or persons having knowledge ofpsychoklgy, social \liork, physical health, mental health and child development to be woeiated with the prc-trial and trial stage to assist the child.
40. Subject to the proviso to section 301 ofthe Code ofCriminal Procedure, 1973 the family or the guardian ofthe child shall be entitled to the assistance ofa legal counsel oftheir choice for any offence under this Act:
Provided that if the family or the guardim of the child are unable to afford • legal counsel, the Legal Services Authority shall provide a lawyer to them.
41. The provisions of sections 3 to 13 (both inclusive) shall not apply in case of medical examinaDon ormedical treatmeDt ofachikl when such medical examination or medica1 treatment is uodertaken with the consent of his parents or guardian.
42. Wbert an act or omission constitute an offence p.mishable under this Act and also under any other law for the time being in foltt, then, notWithstanding anything contained in any law for the time being in force, the offender found. guilty ofsuch offence shall be liable to punishment only under such law or this Act as provides for punishment whKh i5 greater in degree.
2 of 1974 2 of 197.
l3THF. GAnJ'TEOF INDlA LXTRAORD1'NAilYSic. I] ==============~-===== 4 nl 2006 <of 2006 4 or 2006
43. me Centnl.l Govemmem and evcr! State Governrnnn. wll take .11 mcasurts to ensure that
(a) lbt provisions of this Act If'( gi\'o=n "idt publicity tl-.J'OUgh medl' ir.cludmg lht telev~K>n, radIO and the prim medJaai regular uttc:rva.Is to make the general public.
ch.ildren as ,«II as thelT parents and guardians aware ofme provISion, ofdti:. Act,
(b) the officers ofthe Central Govtmrnentand the Stile Governments and other COllCeiilC:d pmoas (including the police offtCt1S) art imparted periodic: uaimngon the maners relatutg to the implcmenlatlOfl ofttle provislOOS of the Act
44. (I) The Natimal CommWm for ProtectMxl ofChiki Rights Constlluted under section 3. or IS the case may be. the State CommlSSKXI for Procection ofChil<! Rights const1tuted unlkrKCtion 17, oftbe Cormmssions for Protectaon ofChil<! RigbtsAcl, 200S, shall, in addilion to lhe functions assigoecl to them under tIw Act, a1~ moaitor the implementation ofw provisions of this Act in such itWIntt IS may be prescribed.
(1) The N.bOnaI Ovnmission or, as the case maybe, the State CommiulOft, rtfermlto m~stC11OO (/), shall, while mquiring into any matter rtlatin& 10 any offence unlkr this Act, tu~ lhe same PO'«iS as are \ ested in it under the Comnussions for Protection ofChild RigjlMCl, 200S
(3) The Nalional CommissIOO or, as the case may be. the SweCommission, referred to in sub-secbon (I), shall, .Iso IOclude, us Ictivims under thiS section, in the annual report r:fmtd to in secllOll 16 oflheCommissions forProteaion ofChiJd RighlSAct, 2005.
45. (I) TheCenual Government may, bynotificllion in the Oftkial Gazette, make roles fof carrying out the purposes of this Act.
(1) In panicular, and without prejudice to the generality ofthe f~oing powers., such rules may proVKIe for.lI or any ofthe following matters, namely:- (Q) the qualiflCltions and experience of, and the fees payable to, • translator or an Interpreter, • speci.1 educator or any person familiar with the manner of communication ofthe child or an expert in that field, Wlder sulHe<:bon «() ofsection 19;
sub-sections (1) and (3) of section 26 and section 38;
(b) care and proteclion and emergency medic.1 trt.unenl of the child under sub-section (.5) of section 19;
(c) the payment ofcompensation under sub-section (8) of section 33;
(d) the manner of periodic monitoring of the provisions of the Act under sub-section (I) ofsection 44.
(J) Every role made under this section shall be laid. as soon as may be after;1 is made, before each Bouse of Parliament, .....hile it is msession, for. tOlal period ofthirty days which may be comprised in one session or in two or man: successive sessioll5, and ir: before the expiryoflhe session immediately following the session orthc successh·e sessions aforesaid, both Houses IgI'eC: mmaking any modifICation in the rule or both Houses agree that the role should not be made. the role shaillbereaftcr bave effect only in such modified form or be of no effect, as the cast may be; so, bo'Aner, that any such mochficatton or annulment shall be Without prejudice to the \'alidity ofanything previously done under that rule.
46. (/) If an)' difficulty arises in giVing effta 10 the provisiolls ofthIS Act, lhc Central Go"emment may, by order published in the OffICial Gamte, make such provisions DOl:
mconsistent with the provisions ofthis Act IS l1lIy appear to it to be IlC'CtSSIly or expedient for remO\.11 ofthe diffteuhy:
ProVided that 00 order sholl be made under thIS sechon after the expiry ofthe period of two ytarS from the cornmcncnnent of this Act.
(1) Evcrytlfdet made UDderthi:s KCtJOO mil be: latJ, IS soon as may be atlct it IS made, before each House ofPartiamem.
PIIthc.........
.IbouI Atl MOlIlIon.ll1 or tmpIcu I·...
of Ad.
~Iomakt nola Power 10 rClllo~'c dlfflOlhlC5 14 THEGAZI,TTEO~ INDIA EXTRAORDINAP,Y [P.r.U- .IJ lHE SCHEIlUlL [.5«_002(e») AllMED f'C&aS AND SEcuP.rrY roacu CX'.IH!TTTUT'a) UNDER
(a)TbcAJrFor~e:Aet, 19SO(4's of 1950);
(b) The Army Act, 1950(46ofl9SO);
(e) The Assam RiIlesAct, 2006 (47 of 20061
(d) The Ilomboy Home GuItdAct, 1947(3 ofl9471 (l!')Thc: BorderSecurilY ForceAet, 1968(47 of 1968);
(f)The C"",",1_SccLrily F Act, 1968 (SO ofl9681
(g) The Callr_l Resave Pol.,. F Act, I949 (66 ofl949),
(h) The CoasI Guard Act, 1978(300fl9781 (Q The llcDli Spc<ia1 Police e.zabIOOnallAct, 1946(2S ofl9461 (;1 The lndo-Tibetan Border Police Force Act, 1992 (3.5 of 1992);
(4)The -'YAct, 1957(62ofl9571
(1) Th.: .tionallnvestigationAgencyAct, 20011 (34 of2001);
(M) The Naliooal SecurityGuardAct,1986 (47 or 19861
(n) 1'he R.aU~'I)' Protection ForceAct, 19.57 (23 of 19.57);
(0) The Sashastra Seema B_1 Act, 2007 (53 of2oo7);
(P) The Spc<ia1 Proooaicn Group Act, 1988 (34 ofl981);
(q) The TerriIoriaIArmy Act, 1948 (56 ofl9481 (.) The Sial< polk< ron:es(includiogarmed consabuWy)_cd wxlcrthe Sial<
1a.."'S to 1M! lite civil powers of the Swe and ~-ertd to emp'oy force during inttrna.l disturbances or otherwise includinganned fortesas defined in c1&use(o) o(StCbon 2 ofthe Ann<d Forces(Spc<ta1 Powers)Act, 1958 (28 oFl958), V. K. BHASIN, S«rnary 10 the GQ\.'t. cfIndia.
PIll'OID B" ODlECTOI.An CI' I"IUNllNG At OOVElUo1M9lT Of INOlA P'IlES5. NINTO R(MO. NEW 0EUIl A.."lD 1'lIBlJSHD)8YTtl[~CI- ~DEl1Il.,20ll •