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[POSCO] The Protection of Children from Sexual Offences Act

POSCO An Act to protect children from offences of sexual assault, sexual harassment and pornography and provide for establishment of Special Courts for trial of such offences and for matters connected therewith or incidental thereto.
2012
List of Chapters & Sections

  1. PRELIMINARY

  2. 1
     Short title, extent and commencement
  3. 2
     Definitions

  • A.--PENETRATIVE SEXUAL ASSAULT AND PUNISHMENT THEREFOR

  • 3
     Penetrative sexual assault
  • 4
     Punishment for penetrative sexual assault

  • B.--AGGRAVATED PENETRATIVE SEXUAL ASSAULT AND PUNISHMENT THEREFOR

  • 5
     Aggravated penetrative sexual assault
  • 6
     Punishment for aggravated penetrative sexual assault

  • C.--SEXUAL ASSAULT AND PUNISHMENT THEREFOR

  • 7
     Sexual assault
  • 8
     Punishment for sexual assault

  • D.--AGGRAVATED SEXUAL ASSAULT AND PUNISHMENT THEREFOR

  • 9
     Aggravated sexual assault
  • 10
     Punishment for aggravated sexual assault

  • E.--SEXUAL HARASSMENT AND PUNISHMENT THEREFOR

  • 11
     Sexual harassment
  • 12
     Punishment for sexual harassment

  • USING CHILD FOR PORNOGRAPHIC PURPOSES AND PUNISHMENT THEREFOR

  • 13
     Use of child for pornographic purposes
  • 14
     Punishment for using child for pornographic purposes
  • 15
     Punishment for storage of pornographic material involving child

  • ABETMENT OF AND ATTEMPT TO COMMIT AN OFFENCE

  • 16
     Abetment of an offence
  • 17
     Punishment for abetment
  • 18
     Punishment for attempt to commit an offence

  • PROCEDURE FOR REPORTING OF CASES

  • 19
     Reporting of offences
  • 20
     Obligation of media, studio and photographic facilities to report cases
  • 21
     Punishment for failure to report or record a case
  • 22
     Punishment for false complaint or false information
  • 23
     Procedure for media

  • PROCEDURES FOR RECORDING STATEMENT OF THE CHILD

  • 24
     Recording of statement of a child
  • 25
     Recording of statement of a child by Magistrate
  • 26
     Additional provisions regarding statement to be recorded
  • 27
     Medical examination of a child

  • SPECIAL COURTS

  • 28
     Designation of Special Courts
  • 29
     Presumption as to certain offences
  • 30
     Presumption of culpable mental state
  • 31
     Application of Code of Criminal Procedure, 1973 to proceedings before a Special Court
  • 32
     Special Public Prosecutors

  • PROCEDURE AND POWERS OF SPECIAL COURTS AND RECORDING OF EVIDENCE

  • 33
     Procedure and powers of Special Court
  • 34
     Procedure in case of commission of offence by child and determination of age by Special Court
  • 35
     Period for recording of evidence of child and disposal of case
  • 36
     Child not to see accused at the time of testifying
  • 37
     Trials to be conducted in camera
  • 38
     Assistance of an interpreter or expert while recording evidence of child

  • MISCELLANEOUS

  • 39
     Guidelines for child to take assistance of experts, etc
  • 40
     Right of child to take assistance of legal practitioner
  • 41
     Provisions of sections 3 to 13 not to apply in certain cases
  • 42
     Alternative punishment
  • 42A
     Act not in derogation of any other law
  • 43
     Public awareness about Act
  • 44
     Monitoring of implementation of Act
  • 45
     Power to make rules
  • 46
     Power to remove difficulties