The Protection Of Children Act

The Protection of Children from Sexual Offences Act, 2012

On 22nd May 2012, a law was passed by Lok Sabha that was named as The Protection of Children from Sexual Offences Act, 2012. Earlier on 10th May 2012, the bill was also passed in Rajya Sabha.

This actwas brought to fortify the legal requirement that works in favor of guarding the children from any sexual exploitation and misuse and is the first ever such law implemented.

There are various IPC sections that have been in practice for the cases related to the sexual felony. These IPC provisions do not work for all kind of sexual offences that are against children and moreover these laws do not differentiate between the laws for the victims who are adults and child.

As per the Protection of Children from Sexual Offences Act,2012 any child who is below 18 years of age and who is protected from felonies related to sexual mugging, sexual pestering and pornography under this act. The above mentioned offences for the first time have been listed in the form of law. The Act defines the rigorous punishments for those who commit this offence as per the level of the offence committed. The variation of the punishment varies from meek to severe punishment that varies for different period. At many times the endowment is also in form of fine that is monetary penalty that is only decided by the court where the case is being heard.

Punishments for Offences covered in the Act are

  • Section 3 and 4 states Penetrative Sexual Assault that says a penalty of minimum seven years and can extend up to life imprisonment and monetary penalty.
  • Section 5 and 6 states Aggravated Penetrative Sexual Assault where punishment is at least for 10 years and can go to life imprisonment and fine.
  • Section 7 and 8 for Sexual Assault states that an imprisonment of minimum 5 years and fine.
  • Section 9 and 10 sates Aggravated Sexual Assault declares imprisonment of five years that can go up to seven years and monetary penalty.
  • Section 11 and 12 is for Sexual Harassment of Child and is punishable for three years and fine.
  • Section 13 and 14(1) is for using the child for the purpose of Pornography which is punishable for 5 years that goes to 7 years and fine.

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