The Protection of Children from Sexual Offences Act, 2012

(1) This Act may be called the Protection of Childrenfrom Sexual Offences Act, 2012. (2) It extends to the whole of India, 1***. (3) It shall come into force on such date2as the Central Government may, by notification in theOfficial Gazette, appoint.

(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 policeforces, as specified in the Schedule; (d) "child" means any person below the age of eighteen years; 1[(da) "child pornography" means any visual depiction of sexually explicit conduct involving achild which include photograph, video, digital or computer generated image indistinguishable from anactual child and image created, adapted, or modified, but appear to depict a child;] (e) "domestic relationship" shall have the same meaning as assigned to it in clause (f) of section 2of the Protection of Women from Domestic Violence Act, 2005 (43 of 2005); (f) "penetrative sexual assault" has the same meaning as assigned to it in section 3; (g) "prescribed" means prescribed by rules made under this Act; (h) "religious institution" shall have the same meaning as assigned to it in the ReligiousInstitutions (Prevention of Misuse) Act, 1988 (41 of 1988). (i) "sexual assault" has the same meaning as assigned to it in section 7; (j) "sexual harassment" has the same meaning as assigned to it in section 11; (k) "shared household" means a household where the person charged with the offence lives or haslived at any time in a domestic relationship with the child; (l) "Special Court" means a court designated as such under section 28; (m) "Special Public Prosecutor" means a Public Prosecutor appointed under section 32. (2) The words and expressions used herein and not defined but defined in the Indian Penal Code(45 of 1860), the Code of Criminal Procedure, 1973 (2 of 1974),2[the Juvenile Justice (Care andProtection of Children) Act, 2015 (2 of 2016)] and the Information Technology Act, 2000 (21 of 2000)shall have the meanings respectively assigned to them in the said Codes or the Acts.

A person is said to commit "penetrative sexual assault" if-- (a) he penetrates his penis, to any extent, into the vagina, mouth, urethra or anus of a child ormakes the child to do so with him or any other person; or (b) he inserts, to any extent, any object or a part of the body, not being the penis, into the vagina,the urethra or anus of the child or makes the child to do so with him or any other person; or (c) he manipulates any part of the body of the child so as to cause penetration into the vagina,urethra, anus or any part of body of the child or makes the child to do so with him or any otherperson; or (d) he applies his mouth to the penis, vagina, anus, urethra of the child or makes the child to do soto such person or any other person.

1[(1)] Whoever commits penetrative sexual assaultshall be punished with imprisonment of either description for a term which shall not be less than 2[tenyears] but which may extend to imprisonment for life, and shall also be liable to fine. 3[(2) Whoever commits penetrative sexual assault on a child below sixteen years of age shall bepunished with imprisonment for a term which shall not be less than twenty years, but which may extendto imprisonment for life, which shall mean imprisonment for the remainder of natural life of that personand shall also be liable to fine. (3) The fine imposed under sub-section (1) shall be just and reasonable and paid to the victim to meetthe medical expenses and rehabilitation of such victim.]

(a) Whoever, being a police officer, commitspenetrative sexual assault on a child -- (i) within the limits of the police station or premises at which he is appointed; or (ii) in the premises of any station house, whether or not situated in the police station, to which heis appointed; or (iii) in the course of his duties or otherwise; or (iv) where he is known as, or identified as, a police officer; or (b) whoever being a member of the armed forces or security forces commits penetrative sexual assaulton a child-- (i) within the limits of the area to which the person is deployed; or (ii) in any areas under the command of the forces or armed forces; or (iii) in the course of his duties or otherwise; or (iv) where the said person is known or identified as a member of the security or armed forces; or (c) whoever being a public servant commits penetrative sexual assault on a child; or (d) whoever being on the management or on the staff of a jail, remand home, protection home,observation home, or other place of custody or care and protection established by or under any law for thetime being in force, commits penetrative sexual assault on a child, being inmate of such jail, remandhome, protection home, observation home, or other place of custody or care and protection; or (e) whoever being on the management or staff of a hospital, whether Government or private, commitspenetrative sexual assault on a child in that hospital; or (f) whoever being on the management or staff of an educational institution or religious institution,commits penetrative sexual assault on a child in that institution; or (g) whoever commits gang penetrative sexual assault on a child. Explanation.-- When a child is subjected to sexual assault by one or more persons of a group infurtherance of their common intention, each of such persons shall be deemed to have committed gangpenetrative sexual assault within the meaning of this clause and each of such person shall be liable for thatact in the same manner as if it were done by him alone; or (h) whoever commits penetrative sexual assault on a child using deadly weapons, fire, heatedsubstance or corrosive substance; or (i) whoever commits penetrative sexual assault causing grievous hurt or causing bodily harm andinjury or injury to the sexual organs of the child; or (j) whoever commits penetrative sexual assault on a child, which-- (i) physically incapacitates the child or causes the child to become mentally ill as defined underclause (l) of section 2 of the Mental Health Act, 1987 (14 of 1987) or causes impairment of any kindso as to render the child unable to perform regular tasks, temporarily or permanently; 1*** (ii) in the case of female child, makes the child pregnant as a consequence of sexual assault; (iii) inflicts the child with Human Immunodeficiency Virus or any other life threatening diseaseor Infection which may either temporarily or permanently impair the child by rendering himphysically incapacitated, or mentally ill to perform regular tasks; 1*** 2[(iv) causes death of the child; or] (k) whoever, taking advantage of a child's mental or physical disability, commits penetrative sexualassault on the child; or (l) whoever commits penetrative sexual assault on the child more than once or repeatedly; or (m) whoever commits penetrative sexual assault on a child below twelve years; or (n) whoever being a relative of the child through blood or adoption or marriage or guardianship or infoster care or having a domestic relationship with a parent of the child or who is living in the same orshared household with the child, commits penetrative sexual assault on such child; or (o) whoever being, in the ownership, or management, or staff, of any institution providing services tothe child, commits penetrative sexual assault on the child; or (p) whoever being in a position of trust or authority of a child commits penetrative sexual assault onthe child in an institution or home of the child or anywhere else; or (q) whoever commits penetrative sexual assault on a child knowing the child is pregnant; or (r) whoever commits penetrative sexual assault on a child and attempts to murder the child; or (s) whoever commits penetrative sexual assault on a child in the course of 3[communal or sectarianviolence or during any natural calamity or in similar situations]; or (t) whoever commits penetrative sexual assault on a child and who has been previously convicted ofhaving committed any offence under this Act or any sexual offence punishable under any other law forthe time being in force; or (u) whoever commits penetrative sexual assault on a child and makes the child to strip or paradenaked in public,is said to commit aggravated penetrative sexual assault.