For the first time, a special law has been passed to address

the issue of sexual offences against children.

Before the passing of this Act, sexual offences were
covered under different sections of IPC, and did not provide
for all types of sexual offences against children.
There was also no distinction between an adult and a child
victim.
The offences have been clearly defined for the first time in
law such as the offences of sexual assault, sexual
harassment and pornography
 Child sexual abuse is form child abuse
in which an adult
or older adolescent uses a child for sexual
Stimulation.

Forms of child sexual abuse includes

Engaging in sexual activities with child(
whether by asking or pressuring, or by
other means), indecent
exposure(genitals), used to produce child
Pornography etc.
 The Act has come into force with effect from 14th
November, 2012 along with the Rules framed thereunder.
It is a comprehensive law to provide for the protection of
children.
From the offences of sexual assault, sexual harassment
and pornography.
To safeguard the interests of the child at every stage of
the judicial process.
For the proper development of the child in view of
his/her protection of the right to privacy and
confidentiality.
• There are designated Special Courts for the trial of the cases.
• There are child-friendly mechanisms for reporting, recording of evidence,
investigation and speedy trial of offences.
• The police are cast in the role of child protectors during the investigative
process.
• They also have the responsibility of making urgent arrangements for the
care and protection of the child.
• It also provides for the Special Court to determine the amount of
compensation to be paid to a child.
• The attempt to commit an offence under the Act has been made liable for
punishment.
 In line with the best international child protection standards, the Act
also provides for mandatory reporting of sexual offences.
The Act casts a legal duty upon a person who has the knowledge that
a child has been sexually abused to report the offence.
Failing to do so attracts a punishment of six months “imprisonmen”t
and/ or a fine.
In-camera trial of cases.
The medical examination of the child should be conducted in the
presence of the parent of the child and in case of a girl child by a
woman doctor.
 Any person who has an apprehension that an offence of sexual
abuse is likely to be committed or knows that the offence has been
committed should provide the information to the Special Juvenile
Police Unit (SJPU) or local police.
The police or the Special Juvenile Police Unit (SJPU) should make
immediate arrangements to give the child, care and protection.
They should report the matter to the Child Welfare Committee
within 24 hours of recording the complaint.
Steps should be taken to admit the child into shelter home or to the
nearest hospital within twenty-four hours of the report.
No person shall incur the liability either civil or criminal for reporting
the commission of the offence.
 The Act provides for stringent punishment
depending upon the gravity of the offence.

The punishments range from simple to rigorous

imprisonment of varying periods along with the
provision of fines too

The child is not to be called repeatedly to testify in

court

A case of child sexual abuse must be disposed of

within one year from the date the offence is
reported

It provides for the Special Court to determine the

amount of compensation to be paid to a child

No person in any media should disclose the details

regarding the identity of the child
Sec 5: An offence is treated as “aggravated Penetrative Sexual Assault”
when the penetration is 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. For ex: by any staff, principal or the management
staff of the hospital or any place of custody or care or protection.

Sec 7: Whoever with the bad intention ouches the private parts of a
child, be it a male or a female child, or makes the child to do so or
does any act with a sexual intent and which involves physical contact
without penetration is said to be committing Sexual Assault Punishment
being not less than 3 years or may also extend to 5 years with or without
fine.
Sec 9: “Aggravated Sexual Assault” means sexual assault committed by
any police officer, armed forces, public servant, manager of a hospital
or an institution on a child.

Sec 11: When any person with a sexual intent utters a word or makes any
sound or gesture or displays or exposes any part of the body, with an
intention that the child would hear the sound or sees the part of the
body is said to commit the offence of Sexual Harassment.
Even showing of any porn film with any sexual intention too is an
offence.
Using a child for pornographic purposes is also an offence punishable
under the Act.
Sec 16: Instigation or facilitation or by wilful misrepresentation or by
wilful concealment of a material fact, of a child to do an act with a
sexual intention is also the abetment of the offence of sexual.