An Act further to amend the Protection of Children from Sexual Offences Act, 2012.<\/p>\n
BE it enacted by Parliament in the Seventieth Year of the Republic of India as follows:\u2014<\/p>\n
1. Short title and commencement<\/b>.\u2014 (1) This Act may be called the\u00a0Protection of Children from Sexual Offences (Amendment) Act, 2019<\/b>.<\/p>\n
(2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint.<\/p>\n
2. Amendment of Section 2<\/b>.\u2014 In the Protection of Children from Sexual Offences Act, 2012 (32 of 2012) (hereinafter referred to as the principal Act), in Section 2,\u2014<\/p>\n
(a<\/i>) in sub-section (1), after clause (d), the following clause shall be inserted, namely:\u2014<\/p>\n
\u2018(da) \u201cchild pornography\u201d means any visual depiction of sexually explicit conduct involving a child which include photograph, video, digital or computer generated image indistinguishable from an actual child, and image created, adapted, or modified, but appear to depict a child;\u2019;<\/b><\/p>\n
(b<\/i>) in sub-section (2), for the words, brackets and figures \u201cthe Juvenile Justice<\/p>\n
(Care and Protection of Children) Act, 2000\u201d (56 of 2000), the words, brackets and figures \u201cthe Juvenile Justice (Care and Protection of Children) Act, 2015\u201d (2 of 2016) shall be substituted.<\/p>\n
3. Amendment of Section 4<\/b>.\u2014 In the principal Act, Section 4 shall be renumbered as Section 4(1) thereof and\u2014<\/p>\n
(a<\/i>) in sub-section (1) as so renumbered, for the words \u201cseven years\u201d, the words \u201cten years\u201d shall be substituted;<\/p>\n
(b<\/i>) after sub-section (1), the following sub-sections shall be inserted, namely:\u2014<\/p>\n
\u201c(2) Whoever commits penetrative sexual assault on a child below sixteen years of age shall be punished with imprisonment for a term which shall not be less than twenty years, but which may extend to imprisonment for life, which shall mean imprisonment for the remainder of natural life of that person, and shall also be liable to fine.<\/p>\n
(3) The fine imposed under sub-section (1) shall be just and reasonable and paid to the victim to meet the medical expenses and rehabilitation of such victim.\u201d.<\/p>\n
4. Amendment of Section 5<\/b>.\u2014 In Section 5 of the principal Act,\u2014<\/p>\n
(I) in clause (j),\u2014<\/p>\n
(A) in sub-clause (i), the word \u201cor\u201d occurring at the end shall be omitted;<\/p>\n
(B) in sub-clause (iii), the word \u201cor\u201d occurring at the end shall be omitted;<\/p>\n
(C) after sub-clause (iii), the following sub-clause shall be inserted, namely:\u2014<\/p>\n
\u201c(iv) causes death of the child; or\u201d;<\/p>\n
(II) in clause (s), for the words \u201ccommunal or sectarian violence\u201d, the words \u201ccommunal or sectarian violence or during any natural calamity or in similar situations\u201d shall be substituted.<\/b><\/p>\n
5. Substitution of new section for Section 6<\/b>.\u2014 For Section 6 of the principal Act, the following section shall be substituted, namely:\u2014<\/p>\n
\u201c6. (1) Whoever commits aggravated penetrative sexual assault shall be punished with rigorous imprisonment for a term which shall not be less than twenty years, but which may extend to imprisonment for life, which shall mean imprisonment for the remainder of natural life of that person, and shall also be liable to fine, or with death.<\/b><\/p>\n
(2) The fine imposed under sub-section (1) shall be just and reasonable and paid to the victim to meet the medical expenses and rehabilitation of such victim.\u201d.<\/p>\n
6. Amendment of Section 9<\/b>.\u2014 In Section 9 of the principal Act,\u2014<\/p>\n
(i<\/i>) in clause (s), for the words \u201ccommunal or sectarian violance\u201d, the words \u201ccommunal or sectarian violence or during any natural calamity or in any similar situations\u201d shall be substituted;<\/b><\/p>\n
(ii<\/i>) after clause (u), the following clause shall be inserted, namely:\u2014<\/p>\n
\u201c(v) whoever persuades, induces, entices or coerces a child to get administered or administers or direct anyone to administer, help in getting administered any drug or hormone or any chemical substance, to a child with the intent that such child attains early sexual maturity;\u201d<\/b>.<\/p>\n
Punishment for aggravated penetrative sexual assault.<\/p>\n
7. Substitution of new section for Section 14<\/b>.\u2014 For Section 14 of the principal Act, the following section shall be substituted, namely:\u2014<\/p>\n
\u201c14. Punishment for using child for pornographic purposes. (1) Whoever uses a child or children for pornographic purposes shall be punished with imprisonment for a term which shall not be less than five years and shall also be liable to fine, and in the event of second or subsequent conviction with imprisonment for a term which shall not be less than seven years and also be liable to fine.<\/p>\n
(2) Whoever using a child or children for pornographic purposes under sub-section (1), commits an offence referred to in Section 3 or Section 5 or Section 7 or Section 9 by directly participating in such pornographic acts, shall be punished for the said offences also under Section 4, Section 6, Section 8 and Section 10, respectively, in addition to the punishment provided in sub-section (1).\u201d.<\/b><\/p>\n
8. Substitution of new section for Section 15<\/b>.\u2014 For Section 15 of the principal Act, the following section shall be substituted, namely:\u2014<\/p>\n
\u201c15. Punishment for storage of pornographic material involving child. (1) Any person, who stores or possesses pornographic material in any form involving a child, but fails to delete or destroy or report the same to the designated authority, as may be prescribed, with an intention to share or transmit child pornography, shall be liable to fine not less than five thousand rupees, and in the event of second or subsequent offence, with fine which shall not be less than ten thousand rupees.<\/b><\/p>\n
(2) Any person, who stores or possesses pornographic material in any form involving a child for transmitting or propagating or displaying or distributing in any manner at any time except for the purpose of reporting, as may be prescribed, or for use as evidence in court, shall be punished with imprisonment of either description which may extend to three years, or with fine, or with both.<\/p>\n
(3) Any person, who stores or possesses pornographic material in any form involving a child for commercial purpose shall be punished on the first conviction with imprisonment of either description which shall not be less than three years which may extend to five years, or with fine, or with both, and in the event of second or subsequent conviction, with imprisonment of either description which shall not be less than five years which may extend to seven years and shall also be liable to fine.\u201d.<\/p>\n
9. Amendment of Section 34<\/b>.\u2014 In Section 34 of the principal Act, for the words, brackets and figures \u201cthe Juvenile Justice (Care and Protection of Children) Act, 2000\u201d (56 of 2000), the words, brackets and figures \u201cthe Juvenile Justice (Care and Protection of Children) Act, 2015\u201d (2 of 2016) shall be substituted.<\/b><\/p>\n
10. Amendment of Section 42<\/b>.\u2014 In Section 42 of the principal Act, for the figures, letter and words \u201c376-E or Section 509 of the Indian Penal Code\u201d (45 of 1860), the figures, letters and words \u201c376-E, Section 509 of the Indian Penal Code or Section 67-B of the Information Technology Act, 2000\u201d (21 of 2000) shall be substituted.<\/b><\/p>\n
11. Amendment of Section 45<\/b>.\u2014 In Section 45 of the principal Act, in sub-section (2), clause (a) shall be re-lettered as clause (ab) thereof and before clause (ab) as so re-lettered, the following clauses shall be inserted, namely:\u2014<\/p>\n
\u201c(a) the manner of deleting or destroying or reporting about pornographic material in any form involving a child to the designated authority under sub-section (1) of Section 15;<\/p>\n
(aa<\/i>) the manner of reporting about pornographic material in any form involving a child under sub-section (2) of Section 15;\u201d.<\/p>\n
DR. G. NARAYANA RAJU,<\/p>\n
Secretary to the Govt. of India.<\/p>\n
\u2014\u2014\u2014<\/p>\n
1.\u00a0Received the assent of the President on the 5th August, 2019.<\/b><\/p>\n
Protection of Children from Sexual Offences (Amendment) Act, 2019 Gazette notification<\/b><\/p>\n
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