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POCSO Act, 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 offences and for matters connected therewith or incidental thereto. WHEREAS clause (3) of article 15 of the Constitution, inter alia, empowers the State to 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 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 all 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 Title
Section- 1 Section-1 Short title, extent and commencement Chapter 1
Section- 2 Section-2 Definitions Chapter 1
Section- 3 Section-3 Penetrative sexual assault Chapter 1
Section- 4 Section-4 Punishment for penetrative sexual assault Chapter 1
Section- 5 Section-5 Aggravated penetrative sexual assault Chapter 1
Section- 6 Section-6 Punishment for aggravated penetrative sexual assault Chapter 1
Section- 7 Section-7 Sexual assault Chapter 1
Section- 8 Section-8 Punishment for sexual assault Chapter 1
Section- 9 Section-9 Aggravated sexual assault Chapter 1
Section- 10 Section-10 Punishment for aggravated sexual assault Chapter 1
Section- 11 Section-11 Sexual harassment Chapter 1
Section- 12 Section-12 Punishment for sexual harassment Chapter 1
Section- 13 Section-13 Use of child for pornographic purposes Chapter 1
Section- 14 Section-14 Punishment for using child for pornographic purposes Chapter 1
Section- 15 Section-15 Punishment for storage of pornographic material involving child Chapter 1
Section- 16 Section-16 Abetment of an offence Chapter 1
Section- 17 Section-17 Punishment for abetment Chapter 1
Section- 18 Section-18 Punishment for attempt to commit an offence Chapter 1
Section- 19 Section-19 Reporting of offences Chapter 1
Section- 20 Section-20 Obligation of media, studio and photographic facilities to report cases Chapter 1
Section- 21 Section-21 Punishment for failure to report or record a case Chapter 1
Section- 22 Section-22 Punishment for false complaint or false information Chapter 1
Section- 23 Section-23 Procedure for media Chapter 1
Section- 24 Section-24 Recording of statement of a child Chapter 1
Section- 25 Section-25 Recording of statement of a child by Magistrate Chapter 1
Section- 26 Section-26 Additional provisions regarding statement to be recorded Chapter 1
Section- 27 Section-27 Medical examination of a child Chapter 1
Section- 28 Section-28 Designation of Special Courts Chapter 1
Section- 29 Section-29 Presumption as to certain offences Chapter 1
Section- 30 Section-30 Presumption of culpable mental state Chapter 1
Section- 31 Section-31 Application of Code of Criminal Procedure, 1973 to proceedings before a Special Court Chapter 1
Section- 32 Section-32 Special Public Prosecutors Chapter 1
Section- 33 Section-33 Procedure and powers of Special Court Chapter 1
Section- 34 Section-34 Procedure in case of commission of offence by child and determination of age by Special Court Chapter 1
Section- 35 Section-35 Period for recording of evidence of child and disposal of case Chapter 1
Section- 36 Section-36 Child not to see accused at the time of testifying Chapter 1
Section- 37 Section-37 Trials to be conducted in camera Chapter 1
Section- 38 Section-38 Assistance of an interpreter or expert while recording evidence of child Chapter 1
Section- 39 Section-39 Guidelines for child to take assistance of experts, etc Chapter 1
Section- 40 Section-40 Right of child to take assistance of legal practitioner Chapter 1
Section- 41 Section-41 Provisions of sections 3 to 13 not to apply in certain cases Chapter 1
Section- 42 Section-42 Alternative punishment Chapter 1
Section- 43 Section-43 Public awareness about Act Chapter 1
Section- 44 Section-44 Monitoring of implementation of Act Chapter 1
Section- 45 Section-45 Power to make rules Chapter 1
Section- 46 Section-46 Power to remove difficulties Chapter 1
Section- Schedule 1 Chapter 1

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