May 2, 2013

The Protection of Children from Sexual Offences Act, 2012


  • Passed by Parliament in May, 2012 to address the evil of child sexual abuse.
  • Definition of Child : The Act is gender-neutral and defines a child as any person below the age of eighteen years
  • Provides : 
    • Precise definitions for different types of Child abuse crimes
    • Stringent punishments(max life term and fine)
    • Mandatory reporting
    • Child-friendly procedures
    • Under Section 45 of the Act, the power to make rules rests with the Central Government
    • Qualifications and experience of interpreters
    • Arrangements for care and protection
    • Criteria for award of compensation by the Special Court
  • The rules rely on the structures established under the Juvenile Justice Act, 2000.
    • such as Child Welfare Committees and District Child Protection Units, to make arrangements for the care and protection of the child and to ensure that the child is not re-victimized in the course of investigation and trial. Where a child is taken to a medical facility for emergency medical care, no magisterial requisition or other documentation may be demanded by such facility prior to rendering medical care.
  • National Commission for the Protection of Child Rights (NCPCR) and State Commissions for the Protection of Child Rights (SCPCRs)  have been made the designated authority to monitor the implementation of the Act.