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    POSCO Act English PDF

    Uploaded by

    Amely Elijabeth

    Copyright:

    © All Rights Reserved
    Download as PDF or read online from Scribd
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    of 14
    ee 1200312 ___ REGISTERED NO. DL_—(¥)04/0007/2003—1? = JiR a The Gazette of Gudia EXTRAORDINARY wwe 1 PART Il —Section 1 ‘atieer 8 wore PUBLISHED BY AUTHORITY eH) ‘af Recah, quart, 37 20, 2012/ FS 30, 1934 (we) No. 34] NEW DELHI, WEDNESDAY, JUNE 20,2012/ JYAISTHA 30, 1934 (SAKA) ea wor fr es om ett ed fs we ern vers Sw COT a Separate paging i given to this Part in order that it may be filed asa separate compilation, ee ee Se MINISTRY OF LAWAND JUSTICE (Legislative Department) ‘New Delhi the 20th une, 2012/Jyaistha 30,1934 (Saka) The following Act of Parliament received the assent of the President on the 19th June, 2012, an is hereby published for genera information:— ‘THE PROTECTION OF CHILDREN FROM SEXUAL OFFENCES ACT, 2012 [No. 32 oF 2012] [19:h ve, 2012] ‘An Actto protect children from offences of sexual assault, sexual harassment and pornography and provide for establishment of Special Cours fortrial of such offences and for matters connected therewith or incidental thereto. Warnsas clase 3) of article 15 ofthe Constitution, intr alia. empowersthe Sate to make special provisions for children; ‘Axo wiss, the Goverament of India has aceded on the Ith December, 1992 tothe ‘Convention on the Rights of the Child, adopted by the General Assembly of the United Nations, which has prescribed a set of standards to be followed by all State parties in securing the best interests ofthe child; AND WHEREAS it is necessary for the proper development of the child that his or her right to privacy and confidentiality be protected and respected by every person by all means ‘and through all stages of a judicial process involving the child; ‘AND Wotneas i is imperative tha the law operates ina manner thatthe best interest and wellbeing ofthe child ae regarded as being of paramount importance at every stage, to ensure the heathy physical, emotional intellectual and social development of the child; ‘Axo wires the State parties to the Convention on the Rights of the Child are required to undertake all appropriate national, bilateral and multilateral measures to prevent— (@ the inducement or coercion ofa child to engage in any unlawful sexual activity; 2 ‘THE GAZETTE OF INDIAEXTRAORDINARY (Paer SSS SSS Parle (the exploitative use of children in prostution or other unlwful sexual practices; (©)the exploitative use of children in pornographic performances and materials, ‘Avo wnexs1s sexual exploitation and sexual abuse of chiiren are heinous crimes and need to be effectively addressed. ‘Beitenacted by Parliament inthe Sint-third Year ofthe Republic of Indias follows:— CHAPTER! Pastnuny ‘Short title, 1 (2) This Actmay be called the Protection of Children from Sexual Offences Act, 2012 =~. (2) Itextends to the whole of india except the State of Jammu and Kashmir {2 tshall come int force on such datas the Central Government may, by notification inthe Official Gazete, appoint Detnitons 2. (1) inthis Act, unless the context otherwise requires, — {o) "agaravated penctrative sexual assault” has the same meaning as asigned to it in section 5; (©) “sggravated sem assaut has the same meaning as assigned tin section 9; faceted i ee oe ley (d“child” means any person below the age of eighteen years; due tein ef can ee fe Dames Vee es 0s {P "pentrative sexual asaut” has the same meaning as assigned to itn section 3, (@) “prescribed” means prescribed by rules made under this Act: Reo ton ena saa Hag ae EAL (0 “sexual assault” has the same meaning as assigned tit in section 7; (“sexual harassment” has the same meaning as assigned to it in section My {#) "shared household” means a household where the person charged with the fence lives or as lived at any mein a domestic relationship wth the child (D "Special Court” means ‘8 court designated as such under section 28; ("Special Publi Prosecitor* means a Publi roscutr appointed unde section 3. (2) The words and expressions used herein and not defined but defined in the Indian Penal Code, the Code of Criminal Procedure, 1973, the Juvenile Justice (Care and Protection ‘of Children) Act, 2000 and the Information Technology Act, 2000 shall have the meanings ‘espectvely assigned to them inthe said Codes or the Acts CHAPTER ‘SEXUAL OFFENCES AGAINST CHILDREN ‘A-—PDNETRATVE SEXUAL ASSAULT AND PUNSHNGINT TEREFOR Ss 3 ‘A person is said to commit "penetrative sexual assault” if — {he penetrates his penis, to any exten, into the vagina, mouth, urethra or anus (f child oF makes the child to do so with him or any other person; of 43 of 2005 41 of 1988, 45 of 1860, 2 of 1974 56 of 2000, 21 of 2000, Sec.) ‘THE GAZETTE OF INDIAEXTRAORDINARY 3 EE —————E—— (6) he manipulates any part ofthe body of the child so as to cause penetration into the vagina, urethra, anus or any part of body ofthe child or makes the ehild to do swith him or any other person; ot (2) he applies his mouth tothe penis, vagina, anus, urethra ofthe child or makes the child to do soto such person or any other person. +4. Whoever commits penetrative sexual assault shall be punished with imprisonment ‘of ether description fora term which shall not be less than seven years but which may extend to imprisonment fr lif, and shal also be liable to fine. B.—Acciavaren PENETRATVE SEXUAL ASSAULT AND PUNISHMENT THEREFOR 5. (@) Whoever, being a police officer, commits penetrative sexual assault on a child — () within the limits ofthe police station or premises at which he is appointed; or (4 inthe premises of any station house, whether or not situated inthe police station, to which he is appointed; or (iin the course of his duties or otherwise; ot (§) where he is known as, or identified as, a police officer; or (®) whoever being a member ofthe armed forces o security forces commits penetrative sexual assault on a child — (within the limits of the area to which the person is deployed; or (jin any areas under the command ofthe forces or armed forces; or {Wi in the course of his duties or otherwise; or (») where the said person is known or identified as a member ofthe security or armed forces; or (©) whoever being a public servant commits penetrative sexual assault on a child; or (q) whoever being on the management or on the staff of a ail, remand home, protection hhome, observation home, o other place of custody or care and protection established by or under any law for the time being in force, commits penetrative sexual assault on a child, ‘being inmate of such jail, remand home, protection home, observation home, or other place of ‘custody or care and protection; or (©) whoever being on the management or staff ofa hospital, whether Government or Private, commits penetrative sexual assault on a child in that hospital; or (whoever being onthe management or staff ofan educational institution or religious institution, commits penetrative sexual assault ona child in that institution; or (2) whoever commits gang penetrative sexual assault on a child, Explanation —When a child is subjected to sexual assault by one or more persons of 4 group in furtherance oftheir common intention, each of such persons shall be deemed to have commited gang penetrative sexual assault within the meaning ofthis clause and each ‘of such person shall be liable for that actin the same manner as if it were done by him alone; or (A) whoever commits penetrative sexual assault on a child using deadly weapons, fire, heated substance of corrosive substance; or (whoever commits penetrative sexual assault causing grievous hurt or causing bodily ‘harm and injury or injury tothe sexual organs ofthe child; or Punishment for penetrtve sexual salt Angravated pesetatlve Sexual assault 4 THE GAZETTE OF INDIA EXTRAORDINARY (Pax tI ee () whoever commits penetative sexual assault on a child, which— () physically incapactates the child or causes the child to become mentally ill 8s defined under clause (6) of section 2 of the Mental Health Act, 1987 or causes impairment of any kind so as to render the child unable to perform regular tasks, ‘temporarily or permanently; or (i) in the case of female chil, makes the child pregnant asa consequence of sexual assault; (Gi inflicts the child with Human Immunodeficiency Virus or any other life threatening disease or infection which may either temporarily or permanent impair the child by rendering him physically incapacitated, or mentally ill to perform regular tasks; or whoever, taking advantage of a child's mental or physical disability, commits ppenetrative sexual assault on the child; or (D whoever commits penetrative sexual assault on the child more than once or repeatedly; or ((m) whoever commits penetrative sexual assault ona child below twelve years; or (n) whoever being a relative of the child through blood or adoption or marriage or suardianship or in foster care or having a domestic relationship with a parent of the child or ‘who is living in the same or shared household with the child, commits penetrative sexual assault on such child; or (0) whoever being, in the ownership, or management, or staff, of any institution Providing services o the child, commits penetrative sexual assault on the child; or (©) whoever being in a positon of trast or authority ofa child commits penetative ‘sexual assault on the child in an institution or home of the child or anywhere else; of (q) whoever commits penetrative sexual assault on a child knowing the child is Pregnant; or (P) whoever commits penetrative sexual assault ona child and attempts to murder the child; oF (5) whoever commits penetrative sexual assault ona child in the course of communal or sectarian violence; ot (©) whoever commits penetrative sexual assalt on a child and who has been previously convicted of having committed any offence under this Act or any sexual offence punishable under any other law forthe time being in force; or (1 whoever commits penetrative sexual assault on a child and makes the child to stip ‘or parade naked in public, is said to commit aggravated penetrative sexual assault, 6. Whoever, commits aggravated penetrative sexual assault, shall be punished with ‘rigorous imprisonment for aterm which shall not be less than ten years but which may extend {to imprisonment for life and shall also be liable to fine. (C—SEXUAL ASSAULT AND PUNISHMENT THEREFOR 7. Whoever, with sexual intent touches the vagina, penis, anus or breast ofthe child ‘or makes the child touch the vagina, penis, anus or breast of such person or any other person, or does any other act with sexual intent which involves physical contact without penetration is said to commit sexual assault. 14 of 1987 see 4 of 1987 ‘sec. ‘THE GAZETTE OF INDIA EXTRAORDINARY s 8. Whoever, commits sexual assault, shall be punished with imprisonment of either

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