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Protection of Children from Sexual Offences Act and Rules (English & Malayalam Bilingual Edition)

Protection of Children from Sexual Offences Act and Rules (English & Malayalam Bilingual Edition)

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Also conteining Guidelines framed by The Kerala Government under the Protection of Children from Sexual Offences Act
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Description

Due to changing social pattern and social scenario, offences against children have been on the rise. Though various offences are prescribed under the Penal Code, it is often felt that those provisions are not effective in combating offences against children. Provisions in the Constitution of India like Article 15 which confers upon the State powers to make special provision for children and Article 39, which provides that the State shall direct its policy towards securing that the tender age of children are not abused and their childhood and youth are protected against exploitation and they are given facilities to develop in a healthy manner and in conditions of freedom and dignity; provided the framework for enactment of a separate law for protection of offences against children. International conventions like the United Nations Convention on the Rights of Children, which was ratified by India in the year 1992, under which the State was required to undertake all appropriate national, bilateral and multilateral measures to prevent (a) the inducement or coercion of a child to engage in any unlawful sexual activity; (b) the exploitative use of children in prostitution or other unlawful sexual practices; (c) the exploitative use of children in pornographic performances and materials, also necessitated the enactment of this special law. Thus, it can be seen that the present law has been enacted to protect the interests of the child, both as a victim as well as a witness. The enactment puts in place the various offences against children and define them explicitly by providing appropriate penalties and punishment in a way to work as a effective deterrence in the commitment of crime.
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Contents
CHAPTER I:    PRELIMINARY

1.      Short title, extent and commencement
2.       Definitions
CHAPTER II:    SEXUAL OFFENCES AGAINST CHILDREN
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
CHAPTER II:    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
CHAPTER IV:    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
CHAPTER V:    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
CHAPTER VI:     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
CHAPTER VII:    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
CHAPTER VII:    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
CHAPTER IX:    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.    Alternate 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
THE SCHEDULE
PROTECTION OF CHILDREN FROM SEXUAL OFFENCES RULES, 2012
1. Short title and commencement 
2. Definitions 
3. Interpreters, translators and Special educators
4. Care and Protection
5. Emergency medical care
6. Monitoring of implementation of the Act
7. Compensation
Guidelines under the Protection of Children from Sexual Offences Act, 2012
Notification
Index
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