Protection
of Children from Sexual Offences Act, 2012.
Introduction
- Enacted to protect children (below 18
years) from sexual offenses.
- Ensures child-friendly legal
procedures and establishes Special Courts for speedy trials.
Key Definitions
- Child:
Any person below 18 years.
- Sexual Assault:
Any physical contact with sexual intent without penetration.
- Penetrative Sexual Assault:
Insertion of any object or body part into a child’s body.
- Aggravated Sexual Assault:
When committed by a person in authority, or causing harm to the child.
- Sexual Harassment: Any act like showing pornography, making sexual gestures, or stalking a child.
Types of Offenses &
Punishments
1. Penetrative
Sexual Assault (Sec 3-4)
· 10
years to life imprisonment.
· 20
years minimum if the child is under 16.
2. Aggravated
Penetrative Sexual Assault (Sec 5-6)
· Done
by police, relatives, or persons in authority.
· Punishment:
20 years to life imprisonment, or the death penalty.
3. Sexual
Assault (Sec 7-8)
· Touching
private parts with sexual intent.
· Punishment:
3 to 5 years imprisonment + fine.
4. Aggravated
Sexual Assault (Sec 9-10)
· Committed
by a police officer, teacher, doctor, or during communal violence.
· Punishment:
5 to 7 years imprisonment + fine.
5. Sexual
Harassment (Sec 11-12)
· Showing
obscene material, following, or making inappropriate gestures.
· Punishment:
Up to 3 years imprisonment + fine.
6. Using
Children for Pornographic Purposes (Sec 13-15)
· Creating,
distributing, or storing child pornography.
· Punishment:
5-7 years imprisonment + fine.
Procedures & Child
Protection Measures
- Reporting Cases (Sec 19-23):
Mandatory reporting by anyone aware of the crime.
- Recording Statements (Sec 24-27):
Child-friendly procedures, no direct contact with the accused.
- Special Courts (Sec 28-32):
Fast-track trials, child-friendly environments.
- Child’s Right to Legal Aid (Sec 40):
Free legal support if needed.
Miscellaneous Provisions
- Punishment for False Complaints (Sec
22): 6 months imprisonment or fine (except for
children).
- Protection of Child’s Identity (Sec
23): Media cannot disclose details of the victim.
- Monitoring & Awareness (Sec
43-44): Governments must spread awareness
and track implementation.
CHAPTER
I: PRELIMINARY
Section 1: Short Title,
Extent & Commencement
- Called the Protection of Children
from Sexual Offences Act, 2012.
- Applicable across India.
- Came into force on November 14,
2012.
Section 2: Definitions
- Child:
A person below 18 years.
- Sexual Assault:
Touching private parts or forcing the child to do so.
- Penetrative Sexual Assault:
Insertion of any object or body part into a child’s body.
- Aggravated Sexual Assault:
Assault by a person in authority or causing harm.
- Sexual Harassment:
Acts like stalking, inappropriate gestures, showing obscene materials.
- Child Pornography:
Any visual representation of sexual conduct involving a child.
CHAPTER
II: SEXUAL OFFENCES AGAINST CHILDREN
A. Penetrative Sexual
Assault
Section 3: What is
Penetrative Sexual Assault?
- Inserting the penis, any object, or
any part of the body into a child's vagina, mouth, or anus.
- Manipulating the child's body to
cause penetration.
- Oral contact with the child’s private
parts.
Section 4: Punishment for
Penetrative Sexual Assault
- Minimum 10 years imprisonment,
extendable to life imprisonment.
- If the victim is below 16 years,
minimum 20 years or life imprisonment.
B. Aggravated Penetrative
Sexual Assault
Section 5: What is
Aggravated Penetrative Sexual Assault?
- Committed by police officers, armed
forces, teachers, doctors, family members, etc.
- Assault causing grievous hurt,
pregnancy, or HIV.
- Assault on a mentally/physically
disabled child.
- Multiple offenses or gang rape.
- Child’s death due to the assault.
Section 6: Punishment for
Aggravated Penetrative Sexual Assault
- Minimum 20 years imprisonment,
life imprisonment, or death penalty.
C. Sexual Assault
Section 7: What is Sexual
Assault?
- Touching a child’s private parts with
sexual intent.
- Making the child touch another person
inappropriately.
Section 8: Punishment for
Sexual Assault
- 3 to 5 years imprisonment
+ fine.
D. Aggravated Sexual
Assault
Section 9: What is
Aggravated Sexual Assault?
- Committed by police, teachers,
hospital staff, jail officers, or during communal violence.
- If the child is below 12 years old.
- If the child is mentally or
physically disabled.
Section 10: Punishment
for Aggravated Sexual Assault
- 5 to 7 years imprisonment
+ fine.
E. Sexual Harassment
Section 11: What is
Sexual Harassment?
- Showing obscene materials.
- Following, stalking, or making sexual
comments.
- Forcing the child to expose their
body.
- Threatening to share obscene images.
Section 12: Punishment
for Sexual Harassment
- Up to 3 years imprisonment
+ fine.
CHAPTER
III: USING CHILDREN FOR PORNOGRAPHY
Section 13: Definition of
Child Pornography
- Using a child in any media for sexual
gratification.
- Includes photos, videos,
computer-generated content, or printed material.
Section 14: Punishment
for Using Children in Pornography
- First-time offense:
Minimum 5 years imprisonment + fine.
- Repeat offense:
Minimum 7 years imprisonment + fine.
Section 15: Punishment
for Storage of Child Pornography
- If stored but not shared: Fine
of ₹5000 (₹10,000 for repeat offenses).
- If shared or distributed: Up
to 3 years imprisonment.
- If stored for commercial purposes:
3 to 7 years imprisonment + fine.
CHAPTER
IV: ABETMENT & ATTEMPT TO COMMIT OFFENSES
Section 16: Abetment of
an Offense
- Instigating, aiding, or conspiring to
commit an offense.
Section 17: Punishment
for Abetment
- Same punishment
as committing the offense.
Section 18: Punishment
for Attempt
- Up to half the maximum punishment
for the crime attempted.
CHAPTER
V: REPORTING CASES
Section 19: Reporting of
Offenses
- Anyone (including the child) must
report suspected or committed offenses to
police.
- Police must record the complaint in
writing.
Section 20: Obligation of
Media & Institutions
- Media, hospitals, hotels, and studios
must report any child abuse-related materials.
Section 21: Punishment
for Failure to Report
- Up to 6 months imprisonment
+ fine.
- If a person in charge of an
institution fails to report, up to 1 year imprisonment.
Section 22: Punishment
for False Complaints
- Up to 6 months imprisonment
+ fine.
- No punishment if a child files a
false complaint.
Section 23: Media
Restrictions
- No disclosure of child’s identity.
- Violation: 6 months to 1-year
imprisonment + fine.
CHAPTER
VI: PROCEDURES FOR RECORDING STATEMENT
Section 24-27: Special
Procedures
- Statements to be recorded in a child-friendly
manner.
- Police must not be in uniform.
- Child cannot be kept at a police
station overnight.
- Medical examination must be conducted
by a female doctor (for girls).
CHAPTER
VII: SPECIAL COURTS
Section 28-32: Special
Courts
- State governments must set up Special
Courts for child sexual abuse cases.
- Special Public Prosecutors
must be appointed.
- Special Courts must fast-track
trials.
CHAPTER
VIII: COURT PROCEDURES
Section 33-38: Court
Rules
- Child-friendly courtroom environment.
- Child must not see the accused
while testifying.
- Trials to be conducted in-camera
(closed to the public).
- Compensation to be given
for child’s trauma.
CHAPTER
IX: MISCELLANEOUS
Section 39: Guidelines
for Child Support
- NGOs, psychologists, and social
workers must assist victims.
Section 40: Right to
Legal Aid
- Child must have access to a lawyer.
- Free legal aid if the family cannot
afford it.
Section 41: Exemptions
- Medical procedures with parental
consent are not offenses.
Section 42: Alternative
Punishment
- If the crime is also punishable under
IPC, the higher punishment applies.
Section 43: Awareness
Programs
- Government must spread awareness
via TV, radio, and newspapers.
Section 44: Monitoring
Implementation
- National and State Commissions for
Protection of Child Rights must oversee the Act’s implementation.
Section 45-46:
Rule-Making & Removing Difficulties
- Central Government can create rules
to implement the Act.
- Government can resolve difficulties
in applying the law.
Conclusion
The POCSO Act, 2012
provides a strict legal framework to protect children from sexual abuse.
It ensures child-friendly procedures, strict punishments, and fast-track
courts for justice. The law also emphasizes mandatory reporting, media
restrictions, and legal aid for victims.
Multiple
Choice Questions
1. What does POCSO stand for?
a) Protection of Children from Sexual Offences
b) Prevention of Child Sexual Offenses
c) Protection of Children and Sexual Offenders
d) Prevention of Organized Child Sexual Offenses
Answer: a) Protection of Children from Sexual Offences
2. In which year was the POCSO Act
enacted?
a) 2009
b) 2012
c) 2015
d) 2018
Answer: b) 2012
3. What is the age limit for a person to
be considered a child under the POCSO Act?
a) Below 16 years
b) Below 18 years
c) Below 21 years
d) Below 14 years
Answer: b) Below 18 years
4. The POCSO Act came into effect on which
date?
a) 14th November 2012
b) 19th June 2012
c) 26th January 2013
d) 15th August 2012
Answer: a) 14th November 2012
5. Under the POCSO Act, who is responsible
for reporting child sexual abuse cases?
a) Only the child’s parents
b) Only police officers
c) Any person aware of the offense
d) Only teachers and doctors
Answer: c) Any person aware of the offense
6. Which of the following is NOT an
offense under the POCSO Act?
a) Sexual Assault
b) Cybercrime against children
c) Penetrative Sexual Assault
d) Sexual Harassment
Answer: b) Cybercrime against children
7. What is the minimum punishment for
penetrative sexual assault under Section 4?
a) 5 years
b) 7 years
c) 10 years
d) 3 years
Answer: c) 10 years
8. What is the punishment for penetrative
sexual assault on a child below 16 years?
a) 5 years
b) 10 years
c) 20 years to life imprisonment
d) 3 years
Answer: c) 20 years to life imprisonment
9. What is the punishment for aggravated
penetrative sexual assault?
a) 10 years
b) 20 years to life imprisonment or death penalty
c) 15 years
d) 5 years
Answer: b) 20 years to life imprisonment or death penalty
10. Who can be convicted for aggravated
penetrative sexual assault?
a) Police officers
b) Family members
c) Teachers or hospital staff
d) All of the above
Answer: d) All of the above
11. Under which section is sexual
harassment defined?
a) Section 4
b) Section 7
c) Section 11
d) Section 5
Answer: c) Section 11
12. What is the punishment for sexual
harassment under Section 12?
a) 6 months imprisonment
b) Up to 3 years imprisonment + fine
c) 5 years imprisonment
d) No punishment
Answer: b) Up to 3 years imprisonment + fine
13. Under which section is using a child
for pornographic purposes defined?
a) Section 13
b) Section 15
c) Section 9
d) Section 19
Answer: a) Section 13
14. What is the punishment for storing
child pornographic material?
a) Fine only
b) Up to 3 years imprisonment + fine
c) Death penalty
d) No punishment
Answer: b) Up to 3 years imprisonment + fine
15. What is the punishment for false
complaints under Section 22?
a) 6 months imprisonment
b) 2 years imprisonment
c) Fine only
d) No punishment if the complaint is filed by a child
Answer: d) No punishment if the complaint is filed by a child
16. Under which section are media
restrictions imposed?
a) Section 10
b) Section 23
c) Section 15
d) Section 42
Answer: b) Section 23
17. What is the punishment for revealing
the identity of a child victim in media?
a) No punishment
b) Fine only
c) 6 months to 1 year imprisonment + fine
d) 3 years imprisonment
Answer: c) 6 months to 1 year imprisonment + fine
18. Under which section are Special Courts
designated?
a) Section 28
b) Section 30
c) Section 40
d) Section 42
Answer: a) Section 28
19. Who appoints the Special Public
Prosecutor for POCSO cases?
a) Central Government
b) High Court
c) State Government
d) Supreme Court
Answer: c) State Government
20. What is the time frame for recording
the evidence of a child victim?
a) 90 days
b) 30 days
c) 45 days
d) 60 days
Answer: b) 30 days
21. The trial under the POCSO Act should
be completed within how many months?
a) 3 months
b) 6 months
c) 12 months
d) 24 months
Answer: c) 12 months
22. Under which section is compensation
for child victims provided?
a) Section 20
b) Section 33
c) Section 40
d) Section 44
Answer: b) Section 33
23. Which government body monitors the
implementation of the POCSO Act?
a) National Human Rights Commission
b) National Commission for Protection of Child Rights (NCPCR)
c) Supreme Court
d) State Police Department
Answer: b) National Commission for Protection of Child Rights (NCPCR)
24. What does Section 45 of the POCSO Act
deal with?
a) Special Courts
b) Reporting of cases
c) Rule-making powers of the Central Government
d) Compensation for victims
Answer: c) Rule-making powers of the Central Government
25. Under which section is the power to
remove difficulties given?
a) Section 10
b) Section 25
c) Section 46
d) Section 38
Answer: c) Section 46
26. Which section of the POCSO Act deals
with the presumption of certain offenses?
a) Section 29
b) Section 30
c) Section 28
d) Section 33
Answer: a) Section 29
27. What does Section 30 of the POCSO Act
state?
a) Establishment of Special Courts
b) Presumption of culpable mental state
c) Compensation for victims
d) Media reporting restrictions
Answer: b) Presumption of culpable mental state
28. What is the purpose of Special Courts
under the POCSO Act?
a) To conduct closed-door trials
b) To ensure speedy trials and child-friendly proceedings
c) To allow public trials
d) To issue punishments
Answer: b) To ensure speedy trials and child-friendly proceedings
29. Under which section is the obligation
to report cases specified?
a) Section 18
b) Section 19
c) Section 24
d) Section 26
Answer: b) Section 19
30. What happens if a police officer fails
to report a POCSO case?
a) No action is taken
b) The officer is suspended
c) The officer is fined or imprisoned
d) The officer is transferred
Answer: c) The officer is fined or imprisoned
31. Under which section does the court
ensure that the child does not see the accused while testifying?
a) Section 28
b) Section 36
c) Section 20
d) Section 44
Answer: b) Section 36
32. Under Section 37, how should trials be
conducted?
a) Open court trials
b) In-camera trials (private court proceedings)
c) Public hearings
d) Media-covered trials
Answer: b) In-camera trials (private court proceedings)
33. Who provides free legal aid to child
victims under the POCSO Act?
a) The Police
b) The Supreme Court
c) The Legal Services Authority
d) The Central Government
Answer: c) The Legal Services Authority
34. Which of the following is considered
"aggravated sexual assault"?
a) Assault by a police officer
b) Assault by a relative
c) Assault on a child with a disability
d) All of the above
Answer: d) All of the above
35. Under which section can compensation
be granted to child victims?
a) Section 25
b) Section 33
c) Section 40
d) Section 15
Answer: b) Section 33
36. Under the POCSO Act, who is considered
a "Special Public Prosecutor"?
a) Any lawyer
b) A lawyer appointed by the victim
c) A lawyer appointed by the State Government
d) A police officer
Answer: c) A lawyer appointed by the State Government
37. What is the punishment for attempting
to commit an offense under POCSO?
a) One-fourth of the punishment of the offense
b) Half of the punishment of the offense
c) Full punishment of the offense
d) No punishment
Answer: b) Half of the punishment of the offense
38. Which government body is responsible
for spreading awareness about the POCSO Act?
a) Ministry of Home Affairs
b) National Commission for Protection of Child Rights (NCPCR)
c) State Governments only
d) National Human Rights Commission
Answer: b) National Commission for Protection of Child Rights (NCPCR)
39. What does Section 42 of the POCSO Act
state?
a) Provisions of IPC apply if punishment is higher
b) Punishment for failing to report a case
c) Compensation for victims
d) Child's right to privacy
Answer: a) Provisions of IPC apply if punishment is higher
40. How soon should the Special Court
complete the trial of a POCSO case?
a) Within 1 year
b) Within 2 years
c) Within 6 months
d) No specific time limit
Answer: a) Within 1 year
41. What is the punishment for a person
convicted under aggravated sexual assault (Sec 10)?
a) 1 to 3 years
b) 5 to 7 years
c) 7 to 10 years
d) 10 to 15 years
Answer: b) 5 to 7 years
42. Under the POCSO Act, a child’s medical
examination should be conducted in the presence of whom?
a) Police officer
b) Lawyer
c) Parent or a trusted person
d) School principal
Answer: c) Parent or a trusted person
43. What is the role of an interpreter in
POCSO cases?
a) To explain legal procedures to the accused
b) To translate the child’s statements if required
c) To act as a lawyer for the child
d) To defend the accused
Answer: b) To translate the child’s statements if required
44. Which section of the POCSO Act
mandates monitoring of its implementation?
a) Section 40
b) Section 42A
c) Section 44
d) Section 33
Answer: c) Section 44
45. Under which section is abetment of a
sexual offense punished?
a) Section 15
b) Section 16
c) Section 18
d) Section 20
Answer: b) Section 16
46. Under which section does the act
prohibit the disclosure of a child’s identity?
a) Section 23
b) Section 36
c) Section 42
d) Section 45
Answer: a) Section 23
47. The POCSO Act is gender-neutral. What
does this mean?
a) Only girls are protected
b) Only boys are protected
c) Both boys and girls are protected
d) Only adults are protected
Answer: c) Both boys and girls are protected
48. What is the punishment for using a
child for pornography under Section 14?
a) 1 to 3 years imprisonment
b) 5 to 7 years imprisonment
c) 10 years imprisonment
d) No punishment
Answer: b) 5 to 7 years imprisonment
49. Under the POCSO Act, a child should
NOT be detained where?
a) Hospital
b) Shelter home
c) Police station overnight
d) Special Court
Answer: c) Police station overnight
50. What is the objective of the POCSO
Act?
a) To protect children from sexual offenses
b) To create awareness about child labour
c) To promote child education
d) To regulate cybercrime
Answer: a) To protect children from sexual offenses
Multi-Correct
Options Type MCQs
1. What are the key
objectives of the POCSO Act?
a) Protect children from
sexual offenses
b) Establish Special
Courts for speedy trials
c) Regulate child labour
laws
d) Provide child-friendly
reporting procedures
Answer: a), b),
d)
2. Which of the following
acts are considered offenses under the POCSO Act?
a) Sexual Assault
b) Aggravated Penetrative
Sexual Assault
c) Cyberbullying
d) Sexual Harassment
Answer: a), b), d)
3. Who is responsible for
reporting a child sexual abuse case under the POCSO Act?
a) Parents or guardians
b) Teachers and school
authorities
c) Any person who is
aware of the offense
d) Only police officers
Answer: a), b), c)
4. Which of the following
situations constitute ‘Aggravated Penetrative Sexual Assault’ under Section 5?
a) Assault by a police
officer
b) Assault on a mentally
disabled child
c) Assault by a relative
d) Assault by a juvenile
Answer: a), b), c)
5. What are the
punishments for ‘Sexual Harassment’ under the POCSO Act?
a) Imprisonment up to 3
years
b) Life imprisonment
c) Fine
d) No punishment if the
accused is a minor
Answer: a), c)
6. Under which
circumstances does the POCSO Act ensure that a child victim is not exposed to
the accused?
a) During medical
examination
b) During court testimony
c) During police
investigation
d) During counselling
sessions
Answer: a), b),
c)
7. What measures are
taken to protect a child victim’s identity under the POCSO Act?
(Select all that apply)
a) Media cannot reveal
the child’s name or photograph
b) Special Court may
allow identity disclosure only in the child’s best interest
c) The child’s statement
must be recorded in a public courtroom
d) Police must not reveal
the child’s identity in public records
Answer: a), b),
d)
8. What is the punishment
for ‘Aggravated Sexual Assault’ under Section 10?
a) Imprisonment between 5
to 7 years
b) Life imprisonment
c) Fine
d) Death penalty
Answer: a), c)
9. Which of the following
are considered ‘Sexual Assault’ under Section 7?
a) Touching the child's
private parts with sexual intent
b) Making the child touch
private parts of another person
c) Penetrative sexual
acts
d) Making sexual gestures
towards a child
Answer: a), b)
10. Under the POCSO Act,
which authorities can conduct an investigation into child sexual abuse cases?
a) Local police
b) Special Juvenile
Police Unit
c) Private security
agencies
d) National Commission
for Protection of Child Rights (NCPCR)
Answer: a), b)
11. Which of the
following offenses under POCSO may lead to life imprisonment?
a) Penetrative Sexual
Assault on a child below 16 years
b) Aggravated Penetrative
Sexual Assault
c) Sexual Harassment
d) Using a child for
pornography
Answer: a), b)
12. What are the
penalties for failing to report a POCSO case under Section 21?
a) Imprisonment up to 6
months
b) Imprisonment up to 1
year (for head of institutions)
c) Fine
d) Death penalty
Answer: a), b), c)
13. Under the POCSO Act,
who can act as a Special Public Prosecutor?
a) Any police officer
b) A lawyer appointed by
the State Government
c) A lawyer with at least
7 years of legal practice
d) A government officer
from the child welfare department
Answer: b), c)
14. Which of the
following are provisions under Section 35 regarding the trial of POCSO cases?
a) Child’s evidence must
be recorded within 30 days
b) The trial should be
completed within 1 year
c) The child can be
called to testify multiple times
d) The trial can be
delayed indefinitely
Answer: a), b)
15. Which offenses under
POCSO involve the use of a child for pornographic purposes?
a) Creating pornographic
material with a child
b) Storing child
pornography
c) Distributing child
pornography
d) Watching adult
pornography
Answer: a), b),
c)
16. Which of the
following are responsibilities of the State Government under the POCSO Act?
a) Designate Special
Courts
b) Provide free legal aid
to child victims
c) Conduct public
awareness campaigns
d) Delay the
implementation of POCSO provisions
Answer: a), b),
c)
17. In which ways does
the POCSO Act ensure a child-friendly judicial process?
a) No aggressive
questioning of the child
b) Allowing the child to
be accompanied by a trusted person
c) Conducting trials
in-camera
d) Publicly disclosing
details of the case
Answer: a), b),
c)
18. What are the
punishments for using a child for pornographic purposes under Section 14?
a) 5 years imprisonment
for the first offense
b) 7 years imprisonment
for repeated offenses
c) Life imprisonment for
all cases
d) Fine
Answer: a), b),
d)
19. Which of the
following are punishable under the POCSO Act’s provisions on "attempt to
commit an offense"?
a) Attempting to commit
penetrative sexual assault
b) Attempting to use a
child for pornography
c) Attempting to report a
false case
d) Attempting to help the
victim escape
Answer: a), b)
20. What measures are
included in Section 44 for monitoring the implementation of the POCSO Act?
a) Oversight by the
National Commission for Protection of Child Rights (NCPCR)
b) Annual reports on
POCSO implementation
c) Regular police audits
to check compliance
d) Disclosure of child
victim identities to government agencies
Answer: a), b),
c)