विज्ञप्तियां उर्दू विज्ञप्तियां फोटो निमंत्रण लेख प्रत्यायन फीडबैक विज्ञप्तियां मंगाएं Search उन्नत खोज
RSS RSS
Quick Search
home Home
Releases Urdu Releases Photos Invitations Features Accreditation Feedback Subscribe Releases Advance Search
home  Printer friendly Page home  Email this page
English Release 23-July 2014
Date Month Year
  • Vice President's Secretariat
  • OFFICER TRAINEES OF INDIAN POSTAL SERVICE CALLS ON VICE PRESIDENT
  • Prime Minister's Office
  • World Bank President Jim Yong Kim meets PM
  • PM releases Biography of Sardar Vallabhbhai Patel in Braille
  • PM offers floral tributes to Bal Gangadhar Tilak
  • Department of Space
  • GSLV Project
  • SAARC Satellite
  • Pricing of Satellite Transponders
  • Min for Develop. of North-East Region
  • Funds for North Eastern Council
  • NGO Funding in North East
  • Priority Sectors in North East
  • Min of Civil Aviation
  • Chennai Airport Scores High in Service Quality Survey
  • Min of Commerce & Industry
  • Trade Agreement with Malaysia
  • Trade from Nathu La Border in Sikkim
  • Trade with Neighbouring Countries
  • Unctad Report on FDI
  • Roadmap to Boost Investment Between Japan and India
  • FDI in Railways
  • Promotion of Services Sector Exports
  • Financial Assistance to Madhya Pradesh for New Industrial Development Hubs
  • Strengthening of Indian Patent Office
  • Evaluation of Impact of FTAS
  • Agreement Signed with China for Setting up Chinese Industrial Parks
  • Trade Relations with Pakistan
  • Min of Culture
  • Ticket Counters at National Monuments
  • Nomination for World Heritage Site Status
  • Heritage Site Abha-Neri in Bandikui, Rajasthan
  • Min of Earth Science
  • Earthquake Prone Areas
  • Coastal and Sea Water Pollution
  • Dust/Hailstorm
  • Climate Modeling
  • Min of External Affairs
  • Stapled Visa
  • US professional visas
  • Protection of human rights in Sri Lanka
  • Multiple Entry Visas
  • Indus water treaty
  • Indo-Myanmar boundary issue
  • Death of Indians in prisons abroad
  • Crisis management Team
  • Arrest of Indian Fishermen in Sri Lanka
  • Agreements with Bangladesh
  • Ministry of Finance
  • Finance Minister Asks Officers of Income Tax Department to Maximise the Use of Non Intrusive and Innovative Methods of Investigation; Calls for Training for Upgradation of Skills and Need for Capacity Building
  • Min of Health and Family Welfare
  • Dr Harsh Vardhan writes to Ms. Mamata Banerjee on neo-natal deaths due to AES and JE. Offers Central support
  • “Mainstreaming” AIDS awareness to reduce HIV infection rate Health, IT Ministries forge collaboration for last push against disease
  • Min of Home Affairs
  • Nominations Invited for Padma Awards
  • Mandatory Registration of FIR for Stolen Mobile Phones
  • Tackling Naxal Menace in Coordinated Way
  • ST Status to Bodo People as Per Bodo Accord
  • Establishment of Disaster MGMT Institute in Andhra Pradesh
  • Inter-State Joint Force to Tackle Maoist Attack
  • SOP for Repatriation OF Illegal Bangladeshi Immigrants
  • Min of Human Resource Development
  • Improving Standard of Education through Teacher Training System
  • Schemes for Assisting Research Scholars
  • Scheme for Augmenting Research and Teaching Resources of Universities in the Country
  • Inclusion of Third Gender Children for Academic Programmes
  • Revamping Mid-Day Meal Scheme
  • Enhancing Literacy Levels In the Country
  • Cancellation of Ongoing IGNOU Programmes
  • Establishment of Central Universities in the Country
  • National Achievement Surveys for Evaluating Quality of Education Imparted in Schools
  • Min of Labour & Employment
  • Funds to Women Labour Division
  • Safeguarding Interests of Labourers in Labour Intensive Manufacturing Sector
  • Housing Facilities for Tea Garden Labourers
  • Liberalisation of Labour Laws
  • Review of the Works of DGMS
  • Checking Discrimination of Workers in Incorporated Unorganised Enterprises
  • Criteria of Employees for Coming Under Purview of EPFO
  • Rehabilitation of Freed Child Labourers
  • Min of Micro,Small & Medium Enterprises
  • Export Targets of MSMEs
  • KVIC
  • National Awards to Entrepreneurs
  • Funds for EDP
  • Revival of Small and Medium Enterprises
  • SFURTI Scheme
  • Min of Mines
  • Land Allotted to Private Parties for Mining
  • Revision of Royalty on Minerals
  • Functioning Mines in the Country
  • Mining Activities Prohibited by Apex Court
  • Justice Shah Commission Report on Illegal Mining
  • Mineral Production during May 2014
  • Min of Overseas Indian Affairs
  • Recruitment Agencies
  • Overseas Indian Centres
  • Illegal Migration
  • Min of Personnel, Public Grievances & Pensions
  • Security for Whistle Blowers
  • Data on Corruption Cases
  • Pending Cases with CBI
  • Min of Petroleum & Natural Gas
  • Losses to Public Sector OMCS due to Subsidy on Oil and Gas
  • Independent Agency finalized to look into the issue of continuity of blocks of gas reservoirs
  • Steps Taken to Meet the Increasing Energy Demand
  • Global crude oil price of Indian Basket increased to US$ 105.99. per bbl on 22.07.2014
  • Min of Road Transport & Highways
  • Transparency in the PPP Framework
  • Min of Steel
  • Modernisation and Expansion of SAIL
  • Gap between Production and Demand of Iron Ore in the Country
  • Iron Ore Mining Area Allotted to VISP/SAIL
  • Ministry of Tourism
  • Revival of 'Brand India' Through Tourism
  • Safety Policy for Religious Tourist Places
  • Tourism Promotion Programmes
  • Financial Assistance to Goa for Tourism Sector
  • Tourist Destinations in Jharkhand
  • Shortage of Adequate Hotel Rooms
  • Promotion of Tourism in North-Eastern States
  • Min of Urban Development
  • Government working on the concept and contours of ‘Smart Cities’ Scheme, says Shri M.Venkaiah Naidu
  • Min of Women and Child Development
  • 400 districts already covered by the Strengthened & Resurrected ICDS Scheme
  • Shelter based schemes for women may be brought under a comprehensive Umbrella Scheme
  • Min of Youth Affairs & Sports
  • Standard of Football
  • Hockey Team Ranking
  • Issue of Indian Players Wearing Turban

Previous Date

 
Ministry of Women and Child Development22-May, 2012 21:14 IST
The Protection of Children from Sexual Offences Act, 2012
The Protection of Children from Sexual Offences Act, 2012, has been passed by the Lok Sabha today, 22nd May, 2012

The Protection of Children from Sexual Offences Act, 2012, has been passed by the Lok Sabha today, 22nd May, 2012. The Bill was earlier passed by the Rajya Sabha on 10th May, 2012.

 

The Protection of Children from Sexual Offences Act, 2012 has been drafted to strengthen the legal provisions for the protection of children from sexual abuse and exploitation. For the first time, a special law has been passed to address the issue of sexual offences against children.

 

Sexual offences are currently covered under different sections of IPC. The IPC does not provide for all types of sexual offences against children and, more importantly, does not distinguish between adult and child victims.

 

The Protection of Children from Sexual Offences Act, 2012 defines a child as any person below the age of 18 years and provides protection to all children under the age of 18 years from the offences of sexual assault, sexual harassment and pornography. These offences have been clearly defined for the first time in law. The Act provides for stringent punishments, which have been graded as per the gravity of the offence. The punishments range from simple to rigorous imprisonment of varying periods. There is also provision for fine, which is to be decided by the Court. 

 

An offence is treated as “aggravated” when committed by a person in a position of trust or authority of child such as a member of security forces, police officer, public servant, etc. 

 

Punishments for Offences covered in the Act are:

·   Penetrative Sexual Assault (Section 3) –  Not less than seven years which may extend to imprisonment for life, and fine (Section 4)

·   Aggravated Penetrative Sexual Assault (Section 5) –­ Not less than ten years which may extend to imprisonment for life, and fine (Section 6)

·   Sexual Assault (Section 7) – Not less than three years which may extend to five years, and fine (Section 8)

·   Aggravated Sexual Assault (Section 9) – Not less than five years which may extend to seven years, and fine (Section 10)

·   Sexual Harassment of the Child (Section 11) – Three years and fine (Section 12)

·   Use of Child for Pornographic Purposes (Section 13) –  Five years and fine and in the event of subsequent conviction, seven years and fine (Section 14 (1))

 

                           The Act provides for the establishment of Special Courts for trial of offences under the Act, keeping the best interest of the child as of paramount importance at every stage of the judicial process. The Act incorporates child friendly procedures for reporting, recording of evidence, investigation and trial of offences. These include:

·                                       Recording the statement of the child at the residence of the child or at the place of his choice, preferably by a woman police officer not below the rank of sub-inspector

·                                       No child to be detained in the police station in the night for any reason.

·                                       Police officer to not be in uniform while recording the statement of the child

·                                       The statement of the child to be recorded as spoken by the child

·                                       Assistance of an interpreter or translator or an expert as per the need of the child

·                                       Assistance of special educator or any person familiar with the manner of communication of the child in case child is disabled

·                                       Medical examination of the child to be conducted in the presence of the parent of the child or any other person in whom the child has trust or confidence.

·                                       In case the victim is a girl child, the medical examination shall be conducted by a woman doctor.

·                                       Frequent breaks for the child during trial

·                                       Child not to be called repeatedly to testify

·                                       No aggressive questioning or character assassination of the child

·                                       In-camera trial of cases

 

The Act recognizes that the intent to commit an offence, even when unsuccessful for whatever reason, needs to be penalized. The attempt to commit an offence under the Act has been made liable for punishment for upto half the punishment prescribed for the commission of the offence.

 

The Act also provides for punishment for abetment of the offence, which is the same as for the commission of the offence. This would cover trafficking of children for sexual purposes.

 

For the more heinous offences of Penetrative Sexual Assault, Aggravated Penetrative Sexual Assault, Sexual Assault and Aggravated Sexual Assault, the burden of proof is shifted on the accused. This provision has been made keeping in view the greater vulnerability and innocence of children. At the same time, to prevent misuse of the law, punishment has been provided for making false complaint or proving false information with malicious intent. Such punishment has been kept relatively light (six months) to encourage reporting. If false complaint is made against a child, punishment is higher (one year).

 

The media has been barred from disclosing the identity of the child without the permission of the Special Court. The punishment for breaching this provision by media may be from six months to one year.

 

For speedy trial, the Act provides for the evidence of the child to be recorded within a period of 30 days. Also, the Special Court is to complete the trial within a period of one year, as far as possible.

 

To provide for relief and rehabilitation of the child, as soon as the complaint is made to the Special Juvenile Police Unit (SJPU) or local police, these will make immediate arrangements to give the child, care and protection such as admitting the child into shelter home or to the nearest hospital within twenty-four hours of the report. The SJPU or the local police are also required to report the matter to the Child Welfare Committee within 24 hours of recording the complaint, for long term rehabilitation of the child.

 

The Act casts a duty on the Central and State Governments to spread awareness through media including the television, radio and the print media at regular intervals to make the general public, children as well as their parents and guardians aware of the provisions of this Act.

 

The National Commission for the Protection of Child Rights (NCPCR) and State Commissions for the Protection of Child Rights (SCPCRs) have been made the designated authority to monitor the implementation of the Act.

****

MV


(Release ID :84409)

Web Ratana This site is winner of Platinum Icon for 'Outstanding Web Content' Web Ratna Award'09 presented in April 2010
Site is designed and hosted by National Informatics Centre (NIC),Information is provided and updated by Press Information Bureau
"A" - Wing, Shastri Bhawan, Dr. Rajendra Prasad Road, New Delhi - 110 001 Phone 23389338
Go Top Top

उपयोग संबंधी शर्तें स्वोत्वाधिकार नीति गोपनीयता संबंधी नीति हाइपरलिंकिंग नीति Terms of Use Copyright Policy Privacy Policy Hyperlinking Policy