THE PROTECTION OF CHILDREN FROM SEXUAL OFFENCES BILL, 2012

The Protection of Children from Sexual Offences Act, 2011, is a bill introduced in the Rajya Sabha to protect children from sexual offences. The act defines various types of sexual assaults and their corresponding punishments. Chapter II of the act deals with penetrative sexual assault, aggravated penetrative sexual assault, sexual assault, and aggravated sexual assault. Whoever commits penetrative sexual assault shall be punished with imprisonment for a term which shall not be less than seven years but which may extend to life imprisonment. The act also provides for the punishment of aggravating factors such as age, position of power, or previous convictions.

The act further defines sexual harassment as any person who commits sexual intent and utters any word or makes any sound, or makes any gesture or exhibits any object or part of body with the intention that such word or sound shall be heard, or such gesture or object or part of body shall be seen by the child. Whoever commits sexual harassment upon a child shall be punished with imprisonment for a term which may extend to three years and shall also be liable to fine.

The act provides for the establishment of Special Courts for trial of offences under this Act. The Special Court is designated as such under section 28, and its procedure and powers are specified in Chapter VII. The act also provides for the punishment of abetment and attempt to commit an offence under this Act. Any person who fails to report or record a case shall be punished with imprisonment for a term which may extend to six months or with fine or with both.

The act also provides for the protection of children from pornographic purposes, and whoever uses a child in any form of media (including programme or advertisement telecast by television channels or internet or any other electronic form or printed form) for the purposes of sexual gratification shall be guilty of the offence of using a child for pornographic purposes. The act further provides for the punishment of abetment and attempt to commit an offence under this Act.

The act also provides for the protection of children from being used for pornographic purposes, and whoever stores, for commercial purposes any pornographic material in any form involving a child shall be punished with imprisonment of either description which may extend to three years or with fine or with both. The act further provides for the punishment of abetment and attempt to commit an offence under this Act.

Overall, the Protection of Children from Sexual Offences Act, 2011, is designed to provide a strong legal framework for protecting children from sexual offences and ensuring that perpetrators are brought to justice.