Protection of Children from Sexual Offences Act

Short title, extent and commencement

Provides the short title, territorial applicability across the whole of India, and commencement provisions of the POCSO Act, 2012.

Definitions

Defines core statutory terms including "child" as any person under 18 years, child pornography, and borrows undefined terms from IPC, CrPC, JJ Act, and IT Act.

Penetrative sexual assault

Defines penetrative sexual assault on a child through penile penetration, insertion of objects or body parts, body manipulation causing penetration, or oral-genital contact.

Punishment for penetrative sexual assault

Prescribes rigorous punishment for penetrative sexual assault: minimum 10 years up to life, and minimum 20 years up to natural life if victim is under 16 years, with fine payable to victim.

Aggravated penetrative sexual assault

Defines 21 aggravating circumstances for penetrative sexual assault, including abuse by persons in authority or trust, family members, gang rape, victim below 12 years, resulting pregnancy, or fatal consequences.

Punishment for aggravated penetrative sexual assault

Mandates stringent punishment for aggravated penetrative sexual assault: minimum 20 years rigorous imprisonment up to natural life or death, along with fine for victim compensation.

Sexual assault

Defines non-penetrative sexual assault as touching or causing a child to touch private parts or engaging in physical contact with sexual intent.

Punishment for sexual assault

Prescribes mandatory imprisonment of not less than 3 years up to 5 years, along with a fine, for committing sexual assault.

Aggravated sexual assault

Defines 22 aggravated circumstances for non-penetrative sexual assault, covering abuse by authority figures, relatives, gang assaults, victims under 12, or administering hormones for early maturity.

Punishment for aggravated sexual assault

Prescribes mandatory imprisonment of not less than 5 years up to 7 years, along with a fine, for committing aggravated sexual assault.

Sexual harassment

Defines sexual harassment of a child through verbal remarks, gestures, indecent exposure, showing pornography, digital stalking, blackmail, or gratification.

Punishment for sexual harassment

Prescribes punishment of imprisonment for a term of up to 3 years and a fine for committing sexual harassment upon a child.

Use of child for pornographic purposes

Defines the offence of using a child in print, digital, or broadcast media for sexual gratification or child pornography, including production and distribution.

Punishment for using child for pornographic purposes

Imposes a mandatory minimum 5-year sentence (7 years for repeat offenders) and fine for using children in pornography, running cumulative with punishments for sexual assault if directly involved.

Punishment for storage of pornographic material involving child

Penalizes storage or possession of child pornographic material: failure to delete/report with sharing intent (fine), possession for transmission/distribution (up to 3 years), and commercial storage (3 to 7 years).

Abetment of an offence

Defines abetment under the POCSO Act through instigation, conspiracy, or intentional aiding, with specific provisions targeting child trafficking and facilitating exploitation.

Punishment for abetment

Mandates that whoever abets any offence under the POCSO Act shall receive the same punishment prescribed for the actual offence committed in consequence of such abetment.

Punishment for attempt to commit an offence

Penalizes attempts to commit any POCSO offence with imprisonment up to one-half of life imprisonment or one-half of the maximum term prescribed for the offence, or fine, or both.

Reporting of offences

Mandates universal reporting of POCSO offences to SJPU or local police, requiring simplified recording for child complainants, immediate protective care, 24-hour CWC/court notification, and good-faith immunity.

Obligation of media, studio and photographic facilities to report cases

Imposes a statutory obligation on personnel of media, hotels, hospitals, photo studios, and clubs to report any child sexually exploitative material to the SJPU or local police.

Punishment for failure to report or record a case

Penalizes failure to report or record POCSO offences with up to 6 months imprisonment or fine, and up to 1 year plus fine for heads of institutions/companies, exempting child victims from liability.

Punishment for false complaint or false information

Penalizes malicious false complaints intended to defame, extort, or humiliate with up to 6 months imprisonment (up to 1 year if falsely targeting a child), while immunizing child informants from punishment.

Procedure for media

Prohibits media disclosure of a child victim's or witness's identity or privacy infringement without court sanction, making journalists and media owners criminally liable with 6 months to 1 year imprisonment.

Recording of statement of a child

Mandates child-friendly police procedures: recording statement at the child residence in plain clothes by a female officer (Sub-Inspector or above), zero contact with the accused, prohibition of overnight police custody, and media identity shielding.

Recording of statement of a child by Magistrate

Requires the Magistrate under Section 164 CrPC to record the child exact spoken words, explicitly bars the accused advocate from being present during recording, and mandates furnishing charge-sheet documents to the victim.

Additional provisions regarding statement to be recorded

Provides safeguards during statement recording: presence of parents or trusted person, assistance of translators or special educators for disabled children, and mandatory audio-video recording wherever possible.

Medical examination of a child

Mandates immediate medical examination under Section 164A CrPC even before FIR registration, requiring a female doctor for girl victims, and presence of parents, a trusted person, or a nominated woman.

Designation of Special Courts

Provides for the designation of Sessions Courts as Special Courts in every district for speedy trials, with jurisdiction to jointly try related IPC offences and Section 67B IT Act cyber child abuse.

Presumption as to certain offences

Establishes a mandatory legal presumption that an accused prosecuted under Section 3, 5, 7, or 9 has committed, abetted, or attempted the offence, shifting the legal burden to the defence to prove the contrary.

Presumption of culpable mental state

Presumes existence of culpable mental state (intention, motive, knowledge) against the accused in any POCSO prosecution, requiring the defence to disprove mens rea beyond reasonable doubt.

Application of Code of Criminal Procedure, 1973 to proceedings before a Special Court

Applies the Code of Criminal Procedure, 1973 (including bail and bond provisions) to Special Court proceedings, deeming the Special Court a Court of Session.

Special Public Prosecutors

Mandates State Governments to appoint dedicated Special Public Prosecutors with at least 7 years of bar practice for every Special Court to conduct POCSO trials.

Procedure and powers of Special Court

Empowers Special Courts to take direct cognizance without committal, intermediate counsel questioning to prevent intimidation or character assassination, award victim compensation, and exercise plenary Sessions Court powers.

Procedure in case of commission of offence by child and determination of age by Special Court

Provides that child offenders must be tried exclusively under the Juvenile Justice Act, 2015, empowers Special Courts to determine age with recorded reasons, and shields court orders from invalidation due to subsequent age disputes.

Period for recording of evidence of child and disposal of case

Mandates recording the child evidence within 30 days of taking cognizance with recorded reasons for delay, and completing the entire trial within one year.

Child not to see accused at the time of testifying

Mandates shielding the child witness from direct visual contact with the accused during deposition via video conferencing, single-visibility mirrors, or curtains, while preserving the accused right to hear and instruct counsel.

Trials to be conducted in camera

Mandates all POCSO trials to be conducted in camera with parents or trusted persons present, and permits issuing a commission under Section 284 CrPC to examine the child outside the court.

Assistance of an interpreter or expert while recording evidence of child

Empowers the Special Court to enlist qualified translators, interpreters, special educators, or communication experts while recording testimony of a child, particularly those with disabilities.

Guidelines for child to take assistance of experts, etc.

Mandates State Governments to formulate guidelines associating NGOs, psychologists, medical experts, and social workers to support the child at pre-trial and trial stages.

Right of child to take assistance of legal practitioner

Entitles the child family or guardian to engage a private advocate of their choice to assist prosecution under Section 301 CrPC, and mandates Legal Services Authorities to provide free legal counsel if unaffordable.

Provisions of sections 3 to 13 not to apply in certain cases

Exempts bona fide medical examinations and treatments conducted with parental or guardian consent from the criminal offences defined under Sections 3 to 13.

Alternate punishment

Provides that when an offence is punishable under both POCSO and IPC (e.g., Sections 376, 376AB, 354) or Section 67B IT Act, the court must sentence the offender under whichever statute prescribes the greater punishment.

Act not in derogation of any other law

Provides that the POCSO Act operates in addition to other laws and expressly overrides any other law (including personal laws) in case of any inconsistency.

Public awareness about Act

Directs the Central and State Governments to conduct regular public awareness campaigns via broadcast and print media, and provide periodic implementation training to police and officials.

Monitoring of implementation of Act

Designates the NCPCR and SCPCRs as statutory monitoring bodies for the implementation of the POCSO Act, granting them inquiry powers under the CPCR Act, 2005.

Power to make rules

Empowers the Central Government to make delegated rules for reporting/destroying child pornography, compensation, special educators, and monitoring, subject to parliamentary laying.

Power to remove difficulties

Empowers the Central Government to issue gazetted orders removing practical difficulties within two years from the commencement of the Act, subject to parliamentary tabling.