Crime Against Children (POCSO) Case Lawyer in Delhi

THE PROTECTION OF CHILDREN FROM SEXUAL OFFENCES ACT, 2012
(32 OF 2012)
[19th June, 2012]

PREAMBLE:
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.

ORIGINAL JURISDICTION:
[Session] Special Court

BRIEF:
The Act defines a child as a human under the age of eighteen (18) years of age as per section 2 (d). It revolves around the biological age of the child and remains silent on the mental age. The act was enacted keeping in mind the best interest and well-being of the children as well as to ensure the healthy emotional, physical, social and intellectual development of the children in the society.

The Act recognizes all forms of penetration along with penetrative sexual assault and criminalizes acts of immodesty against children.

That is, there are a total five type of sexual offences which have been covered under this POSCO Act;
Section 3: penetrative sexual assault,
section 5: aggravated sexual assault,
section 7: sexual assault,
section 9: aggravated sexual assault,
section 11: sexual harassment.

The important sections and the punishments related thereto are mentioned in the table under:

Section	Offence	Section	Punishment
3	Penetrative sexual assault	4	Imprisonment for not less than 7 years but may extend to imprisonment for life + Fine, or both
5	Aggravated penetrative sexual assault	6	Imprisonment for not less than 10 years but may extend to imprisonment for life + Fine
7	Sexual Assault	8	Imprisonment for not less than 3 years but may extend to 5 years + Fine
9	Aggravated Sexual Assault	10	Imprisonment for not less than 5 years but may extend to 7 years + Fine
11	Sexual Harassment	12	Imprisonment for not less than 3 years + Fine
13	Use of child for pornographic purposes	14	For offence u/s 13 First Conviction: Imprisonment which may extend to 5 years + Fine Second/Subsequent Conviction: Imprisonment which may extend to 7 years + Fine For offence u/s 3 by directly participating in pornographic acts: Imprisonment for not less than 10 years but may extend to imprisonment for life + Fine For offence u/s 5 by directly participating in pornographic acts: Rigorous imprisonment for life + Fine For offence u/s 6 by directly participating in pornographic acts: Imprisonment for not less than 6 years but may extend to 8 years + Fine For offence u/s 9 by directly participating in pornographic acts: Imprisonment for not less than 8 years but may extend to 10 years+ Fine
	Storage of pornographic material involving child	15	Imprisonment which may extend to 3 years or with fine, or both
16	Abetment of an offence	17	If act abetted is committed in consequence of the abetment, punishment provided for that offence shall be sentenced.
	Attempt to commit an offence	18	Imprisonment which may extent to one-half of the imprisonment for life or one0half of the longest term of imprisonment provided for that offence or with fine or both