The Protection of Children from Sexual Offences (Amendment) Bill, 2019 |The LexSphere Library

SECTION Section 1

Untitled Section

•THE PROTECTION OF CHILDREN FROM SEXUAL OFFENCES

•(AMENDMENT) ACT, 2019

NO.25 OF 2019

•[5th August, 2019.]

•An Act further to amend the Protection of Children from Sexual Offences

•Act, 2012.

•BE it enacted by Parliament in the SeventiethYear of the Republic of India as follows:—

SECTION Section 10

Untitled Section

9.In section 34 of the principal Act, for the words, brackets and figures "the

•Juvenile Justice (Care and Protection of Children) Act, 2000", the words, brackets

•and figures "the Juvenile Justice (Care and Protection of Children) Act, 2015" shall be

substituted.

SECTION Section 11

Untitled Section

10.In section 42 of the principal Act, for the figures, letter and words "376E or

SECTION Section 12

Untitled Section

•section 509 of the Indian Penal Code", the figures, letters and words "376E, section 509 of

•the Indian Penal Code or section 67B of the Information Technology Act, 2000" shall be

substituted.

SECTION Section 13

Untitled Section

11.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:—

•"(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;

•Punishment

•for storage of

•pornographic

•material

•involving

child.

•Substitution of

•new section for

SECTION Section 14

Untitled Section

•section 15.

•Amendment

•of section 34.

•Amendment

•of section 42.

•Amendment

•of section 45.

•45 of 1860.

•21 of 2000.

•56 of 2000.

•2 of 2016.

•Punishment

•for using child

•for

•pornographic

purposes.

•Substitution of

•new section

•for section 14.

•(aa) the manner of reporting about pornographic material in any form involving

•a child under sub-section (2) of section 15;".

•————

DR.G. NARAYANA RAJU,

•Secretary to the Govt. of India.

•MGIPMRND—2466GI(S3)—06-08-2019.

•UPLOADED BY THE MANAGER, GOVERNMENT OF INDIA PRESS, MINTO ROAD, NEW DELHI–110002

•AND PUBLISHED BY THE CONTROLLER OF PUBLICATIONS, DELHI–110054.

•4 THE GAZETTE OF INDIA EXTRAORDINARY [P ART II—SEC. 1]

SECTION Section 2

Untitled Section

1.( 1) This Act may be called the Protection of Children from Sexual Offences

•(Amendment) Act, 2019.

(2)It shall come into force on such date as the Central Government may, by notification

•in the Official Gazette, appoint.

SECTION Section 3

Untitled Section

2.In the Protection of Children from Sexual Offences Act, 2012 (hereinafter referred

•to as the principal Act), in section 2,—

(a)in sub-section ( 1), after clause ( d), the following clause shall be inserted,

•namely:—

•'(da) "child pornography" 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;';

•Amendment

•of section 2.

•Short title and

commencement.

•32 of 2012.

•MINISTRY OF LAW AND JUSTICE

•(Legislative Department)

•New Delhi, the 06th August, 2019/Shravana 15, 1941 (Saka)

•The following Act of Parliament received the assent of the President on the

•5th August, 2019, and is hereby published for general information:—

•jftLVªh lañ Mhñ ,yñ—(,u)04@0007@2003—19

•vlk/kkj.k

•EXTRAORDINARY

•Hkkx II — [k.M 1

•PART II — Section 1

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•PUBLISHED BY AUTHORITY

•lañ 44] ubZ fnYyh] eaxyokj] vxLr 6] 2019@Jko.k 15] 1941 ¼'kd½

No.44] NEW DELHI, TUESDAY, AUGUST 6, 2019/SHRAVANA 15, 1941 (SAKA)

•bl Hkkx esa fHkUu i`"B la[;k nh tkrh gS ftlls fd ;g vyx ladyu ds :i esa j[kk tk ldsA

•Separate paging is given to this Part in order that it may be filed as a separate compilation.

•REGISTERED NO. DL—(N)04/0007/2003—19

•2 THE GAZETTE OF INDIA EXTRAORDINARY [P ART II—

(b)in sub-section (2), for the words, brackets and figures "the Juvenile Justice

•(Care and Protection of Children) Act, 2000", the words, brackets and figures "the

•Juvenile Justice (Care and Protection of Children) Act, 2015" shall be substituted.

SECTION Section 4

Untitled Section

3.In the principal Act, section 4 shall be renumbered as section 4(1) thereof and—

(a)in sub-section ( 1) as so renumbered, for the words "seven years", the

•words "ten years" shall be substituted;

(b)after sub-section (1), the following sub-sections shall be inserted, namely:—

•"(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.

(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.".

SECTION Section 5

Untitled Section

4.In section 5 of the principal Act,—

(I)in clause (j),—

(A)in sub-clause (i), the word "or" occurring at the end shall be omitted;

(B)in sub-clause (iii), the word "or" occurring at the end shall be omitted;

(C)after sub-clause ( iii), the following sub-clause shall be inserted,

•namely:—

•"(iv) causes death of the child; or";

•(II) in clause ( s), for the words "communal or sectarian violence", the words

•"communal or sectarian violence or during any natural calamity or in similar situations"

•shall be substituted.

SECTION Section 6

Untitled Section

5.For section 6 of the principal Act, the following section shall be substituted,

•namely:—

•"6. (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.

(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.".

SECTION Section 7

Untitled Section

6.In section 9 of the principal Act,—

(i)in clause ( s), for the words "communal or sectarian violance", the words

•"communal or sectarian violence or during any natural calamity or in any similar

•situations" shall be substituted;

•(ii) after clause (u), the following clause shall be inserted, namely:—

•"(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;".

•Punishment

•for aggravated

•penetrative

•sexual assault.

•Amendment

•of section 4.

•56 of 2000.

•2 of 2016.

•Amendment

•of section 5.

•Substitution of

•new section

•for section 6.

•Amendment

•of section 9.

SEC.1] THE GAZETTE OF INDIA EXTRAORDINARY 3

SECTION Section 8

Untitled Section

7.For section 14 of the principal Act, the following section shall be substituted,

•namely:—

•"14. (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.

(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).".

SECTION Section 9

Untitled Section

8.For section 15 of the principal Act, the following section shall be substituted,

•namely:—

•"15. ( 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.

(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.

(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.".