38.6c New Delhi, India, Wednesday, June 19, 2024
Legislative Corner

POCSO Amendment Bill 2019, With Stricter Punishments Including Death Penalty, Gets Rajya Sabha Nod [Read Bill]

By LawStreet News Network      25 July, 2019 12:00 AM      0 Comments
POCSO Amendment Bill 2019, With Stricter Punishments Including Death Penalty, Gets Rajya Sabha Nod [Read Bill]

The Rajya Sabha on July 24, 2019, unanimously passed the Protection of Children from Sexual Offences (Amendment) Bill, 2019 to amend Protection of Children from Sexual Offences Act 2012 (POCSO) to provide stricter punishments for child sex abuse.

The Bill was introduced in the Rajya Sabha on July 18, 2019, by the Minister of Women and Child Development, Ms. Smriti Zubin Irani.

The notable changes proposed by the Bill are as follows.

  • Penetrative sexual assault: Under the Act, a person commits “penetrative sexual assault” if he: (i) penetrates his penis into the vagina, mouth, urethra or anus of a child, or (ii) makes a child do the same, or (iii) inserts any other object into the child’s body, or (iv) applies his mouth to a child’s body parts.  The punishment for such offence is imprisonment between seven years to life, and a fine.  The Bill increases the minimum punishment from seven years to ten years.  It further adds that if a person commits penetrative sexual assault on a child below the age of 16 years, he will be punishable with imprisonment between 20 years to life, with a fine.
  • Aggravated penetrative sexual assault:The Act defines certain actions as “aggravated penetrative sexual assault”.  These include cases when a police officer, a member of the armed forces, or a public servant commits penetrative sexual assault on a child.  It also covers cases where the offender is a relative of the child, or if the assault injures the sexual organs of the child or the child becomes pregnant, among others.  The Bill adds two more grounds to the definition of aggravated penetrative sexual assault.  These include: (i) assault resulting in death of child, and (ii) assault committed during a natural calamity, or in any similar situations of violence.  Currently, the punishment for aggravated penetrative sexual assault is imprisonment between 10 years to life, and a fine.  The Bill increases the minimum punishment from ten years to 20 years, and the maximum punishment to death penalty.
  • Aggravated sexual assault: Under the Act,“sexual assault” includes actions where a person touches the vagina, penis, anus or breast of a child with sexual intent without penetration.  “Aggravated sexual assault” includes cases where the offender is a relative of the child, or if the assault injures the sexual organs of the child, among others.  The Bill adds two more offences to the definition of aggravated sexual assault.  These include: (i) assault committed during a natural calamity, and (ii) administrating or help in administering any hormone or any chemical substance, to a child for the purpose of attaining early sexual maturity.
  • Pornographic purposes: Under the Act, a person is guilty of using a child for pornographic purposes if he uses a child in any form of media for the purpose of sexual gratification. The Act also penalises persons who use children for pornographic purposes resulting in sexual assault.  The Bill defines child pornography as any visual depiction of sexually explicit conduct involving a child including photograph, video, digital or computer generated image indistinguishable from an actual child.
  • Storage of pornographic material: The Act penalises storage of pornographic material for commercial purposes with a punishment of up to three years, or a fine, or both.  The Bill amends this to provide that the punishment can be imprisonment between three to five years, or a fine, or both.  In addition, the Bill adds two other offences for storage of pornographic material involving children.  These include: (i) failing to destroy, or delete, or report pornographic material involving a child, and (ii) transmitting, displaying, distributing such material except for the purpose of reporting it.

(Source PRS)

[Read Bill]



Share this article:

User Avatar
About:


Leave a feedback about this
TRENDING NEWS

jain-community-dresses-up-as-muslims-to-buy-124-goats-saves-them-from-bakrid-slaughter
Trending News Updates
Jain Community dresses up as Muslims to buy 124 Goats , saves them from Bakrid slaughter

Jain community in Delhi raises Rs 15 lakh, dresses as Muslims to buy and rescue 124 goats from Bakrid slaughter, garnering praise and attention.

18 June, 2024 01:19 PM
thailand-passes-bill-to-legalise-same-sex-marriage
Trending International
Thailand passes Bill to legalise same-sex marriage

Thailand’s lawmakers approve a marriage equality bill, setting the stage for the country to become Southeast Asia’s first to legalize same-sex marriage.

18 June, 2024 04:51 PM

TOP STORIES

karan-johar-moves-bombay-high-court-against-film-shaadi-ke-director-karan-aur-johar
Trending CelebStreet
Karan Johar moves Bombay High Court against film ‘Shaadi Ke Director Karan Aur Johar’

Karan Johar files a lawsuit in Bombay High Court against the film “Shaadi Ke Director Karan Aur Johar,” seeking to prevent the use of his name in the title.

13 June, 2024 12:01 AM
conspired-to-transform-india-into-an-islamic-country-by-2047-bombay-hc-denies-bail-to-3-islamists-pfi-members
Trending Judiciary
Conspired to transform India into an Islamic country by 2047: Bombay HC denies bail to 3 Islamists PFI members [Read Order]

Bombay High Court denies bail to three PFI members accused of plotting to turn India into an Islamic state by 2047, citing strong evidence and risk of tampering.

13 June, 2024 12:37 AM
delhi-hc-refuses-to-stay-neet-ug-admissions-counselling-over-paper-leak-allegations
Trending Judiciary
Delhi HC refuses to stay NEET-UG admissions counselling, over paper leak allegations

Delhi High Court refuses to stay NEET-UG 2024 counselling amidst allegations of irregularities.

13 June, 2024 12:48 PM
centre-to-hold-re-test-for-1563-candidates-awarded-grace-marks-in-neet-ug-2024
Trending Judiciary
Centre to hold re-test for 1563 candidates awarded grace marks in NEET UG, 2024 [Read Order]

Centre to hold re-test for 1563 candidates awarded grace marks in NEET UG 2024. Date for re-test to be notified on June 13, results by June 30.

13 June, 2024 01:39 PM

ADVERTISEMENT


Join Group

Signup for Our Newsletter

Get Exclusive access to members only content by email