#IAS #IPS #IRS #IFS #COACHING The Protection of Children from
Sexual Offences (Amendment) Bill, 2019
Act enacted: 2012
Amendment : 2019
Objective of the Act:
Protecting the children from offences such as sexual assault, sexual harassment, and pornography.
Provisions of the act and amendment :
Provisions Details Punishment under the Original act of 2012 Modified by 2019 Amendment
Penetrative sexual assault A person committing “penetrative sexual assault” if he: (i) penetrates his penis into the vagina, mouth, urethra or anus of a child, or (ii) makes a child do the same, or (iii) inserts any other object into the child’s body, or (iv) applies his mouth to a child’s body parts. Imprisonment between seven years to life, and a fine Minimum punishment ten years. If a person commits penetrative sexual assault on a child below the age of 16 years, he will be punishable with imprisonment between 20 years to life, with a fine.
Aggravated penetrative sexual assault These include cases when –
1. a police officer, a member of the armed forces, or a public servant commits penetrative sexual assault on a child.
2. The offender is a relative of the child, or
3 If the assault injures the sexual organs of the child or
4. The child becomes pregnant, among others.
5. Assault resulting in death of child,
6. Assault committed during a natural calamity, or in any similar situations of violence
(5& 6 inserted by 2019 amendment) Imprisonment between 10 years to life, and a fine Minimum punishment from ten years to 20 years, and the maximum punishment to death penalty
Pornographic purposes A person is guilty of using a child for pornographic purposes if –
1. He uses a child in any form of media for the purpose of sexual gratification.
2. He uses children for pornographic purposes resulting in sexual assault.
Child pornography means any visual depiction of sexually explicit conduct involving a child including photograph, video, digital or computer generated image indistinguishable from an actual child
Use of child for pornographic purposes Using the child for sexual display 5 years imprisonment 5 years imprisonment
Use of child for pornographic purposes resulting in penetrative sexual assault Using the child for sexual display including sexual act Minimum: 10 years
Maximum: life imprisonment Minimum: 10 years (in case of child below 16
years: 20 years)
Maximum: life imprisonment
Use of child for pornographic purposes resulting in aggravated penetrative sexual assault Using the child for sexual display including sexual act by the relatives or public servants. Life imprisonment Minimum 20 years
Maximum : Life imprisonment or Death
Storage of pornographic material Storage of pornographic material for commercial purposes.
Bill also penalises – (i) Failing to destroy, or delete, or report pornographic material involving a child, and (ii) transmitting, displaying, distributing such material except for the purpose of reporting it. Up to 3 years imprisonment or fine or both 3 to 5 years imprisonment or fine or both
Facts:
Possible Questions :
Minimum Punishment under this act: 3 years
Maximum Punishment under this act: Life Imprisonment / Death Punishment
Executing Responsibility:
1. Central Government
2. State Governments
3. District Magistrate /Collector
4. National Commission for the Protection of Child Rights
5. State Commissions for the Protection of Child Rights
Implementing Ministries :
1. Ministry of Women and Child Development
2. Ministry of Home Affairs
Constitutional Provisions:
Article 39. Certain principles of policy to be followed by the State: The State shall, in particular, direct its policy towards securing
(e) The tender age of children are not abused
(f) That children are given opportunities and facilities to develop in a healthy manner and in conditions of freedom and dignity and that childhood and youth are protected against exploitation and against moral and material abandonment
Article 45:
The State shall provide for early child hood care and education to the children below the age of 6 years.
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