This Bill seeks to amend the Protection of Children from Sexual Offences (POCSO) Act, 2012, which is a comprehensive law to protect the children from offences of sexual assault, harassment and pornography, while safeguarding the interests of the child at every stage of the judicial process by incorporating child-friendly mechanisms for reporting, recording of evidence, investigation and speedy trial of offences through designated special courts.

The POCSO Amendment Bill provides for strong punishments for other crimes against all those below 18 years of age. The POCSO Bill also aims at making offences against children ‘gender neutral’. The Bill has been approved by Parliament — the Rajya Sabha on July 29, 2019 and the Lok Sabha passed it on August 1, 2019.

Penetrative sexual assault:

 Under the Act, a person commits “penetrative sexual assault” if he:

  • Penetrates his penis into the vagina, mouth, urethra or anus of a child, or
  • makes a child do the same, or
  • Inserts any other object into the child’s body, or
  • Applies his mouth to a child’s body parts.  The punishment for such offence is imprisonment between seven years to life, and a fine.  The Bill increases the minimum punishment from seven years to ten years.  It further adds that if a person commits penetrative sexual assault on a child below the age of 16 years, he will be punishable with imprisonment between 20 years to life, along with a fine. 
     

Aggravated penetrative sexual assault: 

The Act defines certain actions as “aggravated penetrative sexual assault”.  These include cases when a police officer, a member of the armed forces, or a public servant commits penetrative sexual assault on a child.  It also covers cases where the offender is a relative of the child, or if the assault injures the sexual organs of the child or the child becomes pregnant, among others.  The Bill adds two more grounds to the definition of aggravated penetrative sexual assault.  These include:

  • Assault resulting in the death of child, and
  • Assault committed during a natural calamity.

 The Bill increases the minimum punishment from ten years to 20 years, and the maximum punishment to death penalty.
 

Aggravated sexual assault: 

Under the Act, “sexual assault” includes actions where a person touches the vagina, penis, anus or breast of a child with sexual intent without penetration.  “Aggravated sexual assault” includes cases where the offender is a relative of the child, or if the assault injures the sexual organs of the child, among others.  The Bill adds two more offences to the definition of aggravated sexual assault.  These include:

  • Assault committed during a natural calamity, and
  • Administrating any hormone or any chemical substance, to a child for the purpose of attaining early sexual maturity.

Pornographic purposes:

Under the Act, a person is guilty of using a child for pornographic purposes if he uses a child in any form of media for the purpose of sexual gratification. The Act also penalises persons who use children for pornographic purposes resulting in sexual assault.  The Bill enhances the punishments for certain offences.

Storage of pornographic material: 

The Act penalizes storage of pornographic material for commercial purposes with a punishment of up to three years, or a fine, or both.  The Bill amends this to provide that the punishment can be imprisonment between three to five years, or a fine, or both.  In addition, the Bill adds two other offences for storage of pornographic material involving children.  These include:

  • Failing to destroy, or delete, or report pornographic material involving a child, and
  • Transmitting, propagating, or administering such material except for the purpose of reporting it.

 

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User Handbook on POCSO Act,2012 – ncpcr