Special Law

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
 An Overview
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
 Trial and Special Courts
• 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
 Mandatory Reporting:
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
 Procedure for the Reporting of Cases
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
 Failure to report the case
Any personal belonging to the media, studio,
photographic facility, hotel, lodge or by whatever name
called, should provide the information , on coming to
know about the object or material known to be sexually
exploitative of the child, to the Special Juvenile Police
Unit (SJPU) or local police
Failure to report or record the commission of the
offence would be punishable with six months
imprisonment or fine or with both
Sec 21: Any person in-charge of a company or
institution or by whatever name called, fails to report, in
respect of a subordinate under his control, would be
punished with imprisonment with one year and with
fine
False complaint by a child is not punishable
 Stringent Punishments
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
 The most important provisions of the Act
Definition of the Child
Definition of different forms of sexual abuse, including
penetrative and non-penetrative assault and what
constitutes to be “aggravated” sexual assault
The prescribed punishments under the relevant sections
therefor
Sexual assault by a group and the relevant punishment
The mandatory reporting of the crime
The abetment of an offence under the Act would also attract
the same punishment as that of the offence committed
 Definitions
The said Act defines a child as any person below
eighteen years of age
“Penetrative Sexual Assault” means when a male person
penetrates either his penis or any object or any part of
his body or does something to either penetrates into
the private parts of the child or when he applies his
mouth to the private parts of the child or makes the
child to do so either to him or to any other person
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
 Definition of Sexual Assault
Sec 7: Whoever with the bad intention
touches 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
 Sexual Harassment
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
 The Guiding Principles at the Pre-Trial and
Trial Stages
Right to life and survival
The best interests of the child
The right to be treated with dignity and compassion
The right to be protected from discrimination
The right to special preventive measures
The right to be informed
The right to be heard and to express views and concerns
The right to effective assistance, privacy, safety and
compensation
 Special Guidelines on Interviewing a Child

Regarding the details of the assault, including the time and

place, frequency, description of clothing worn and so on.
Interview to be should conducted by a trained professional
The interviews are forensic rather than therapeutic
interviews thereby for the purposes of being sensitive,
unbiased, and truth-seeking
The purpose of the interview would be to support accurate
and fair decision-making in the criminal justice
 Reasons for interviewing the child
To get a picture of the child's physical and emotional state
To establish whether the child needs urgent medical
attention
To get a picture of the child's relationship with their parents
or family now the circumstances leading to the concern
To find out who the child trusts
To assure the child that he/she is now safe and would be
cared for
 Punishments
Penetrative Sexual Assault (Sec 3) – Not less than seven
years which may extend to imprisonment for life, and fine
(Sec 4)
Aggravated Penetrative Sexual Assault (Sec 5) –­ Not less
than ten years which may extend to imprisonment for life,
and fine(Sec 6)
Sexual Assault (Sec 7) – Not less than three years which may
extend to five years, and fine (Sec 8)
Aggravated Sexual Assault (Sec 9) – Not less than five years
which may extend to seven years, and fine (Sec 10)
Sexual Harassment of the Child (Sec 11) – Three years and
fine (Sec 12)
Use of Child for Pornographic Purposes (Sec 13) – Five years
and fine and in the event of subsequent conviction, seven
Thank You