CHAPTER I PRELIMINARY SECTIONS 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 III 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. 1 CHAPTER V PROCEDURE FOR REPORTING OF CASES SECTIONS 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 VIII 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. 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. THE SCHEDULE. 2 THE PROTECTION OF CHILDREN FROM SEXUAL OFFENCES ACT, 2012 ACT NO. 32 OF 2012  [19th June, 2012.] 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. WHEREAS clause (3) of article 15 of the Constitution, inter alia, empowers the State to make special provisions for children; AND WHEREAS, the Government of India has acceded on the 11th December, 1992 to the Convention on the Rights of the Child, adopted by the General Assembly of the United Nations, which has prescribed a set of standards to be followed by all State parties in securing the best interests of the child; AND WHEREAS it is necessary for the proper development of the child that his or her right to privacy and confidentiality be protected and respected by every person by all means and through all stages of a judicial process involving the child; AND WHEREAS it is imperative that the law operates in a manner that the best interest and well being of the child are regarded as being of paramount importance at every stage, to ensure the healthy physical, emotional, intellectual and social development of the child; AND WHEREAS the State parties to the Convention on the Rights of the Child are 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; AND WHEREAS sexual exploitation and sexual abuse of children are heinous crimes and need to be effectively addressed. BE it enacted by Parliament in the Sixty-third Year of the Republic of India as follows:— CHAPTER I PRELIMINARY 1. Short title, extent and commencement.—(1) This Act may be called the Protection of Children from Sexual Offences Act, 2012. (2) It extends to the whole of India, 1***. (3) It shall come into force on such date2 as the Central Government may, by notification in the Official Gazette, appoint. 2. Definitions.—(1) In this Act, unless the context otherwise requires, — (a) “aggravated penetrative sexual assault” has the same meaning as assigned to it in section 5; (b) “aggravated sexual assault” has the same meaning as assigned to it in section 9; (c) “armed forces or security forces” means armed forces of the Union or security forces or police forces, as specified in the Schedule; (d) “child” means any person below the age of eighteen years; 1. The words “except the State of Jammu and Kashmir” omitted by Act 34 of 2019, s. 95 and the Fifth Schedule  (w.e.f. 31-10-2019). 2. 14th November, 2012, vide notification No. S.O. 2705 (E), dated 9th November, 2012, see Gazette of India Extraordinary, Part II, sec. 3(ii).