The Protection of Children from Sexual Offences Act, 2012

[19th June, 2012.]

An Act to protect children from offences of sexual assault, sexual harassment and pornography

and provide for establishment of Special Courts for trial of such offences and for matters

connected therewith or incidental thereto.

WHEREAS clause (3) of article 15 of the Constitution, inter alia, empowers the State to make special

provisions for children;

AND WHEREAS, the Government of India has acceded on the 11th December, 1992 to the Convention

on the Rights of the Child, adopted by the General Assembly of the United Nations, which has prescribed

a set of standards to be followed by all State parties in securing the best interests of the child;

AND WHEREAS it is necessary for the proper development of the child that his or her right to privacy

and confidentiality be protected and respected by every person by all means and through all stages of a

judicial process involving the child;

AND WHEREAS it is imperative that the law operates in a manner that the best interest and well being

of the child are regarded as being of paramount importance at every stage, to ensure the healthy physical,

emotional, intellectual and social development of the child;

AND WHEREAS the State parties to the Convention on the Rights of the Child are required to

undertake all appropriate national, bilateral and multilateral measures to prevent—

(a) the inducement or coercion of a child to engage in any unlawful sexual activity;

(b) the exploitative use of children in prostitution or other unlawful sexual practices;

(c) the exploitative use of children in pornographic performances and materials;

AND WHEREAS sexual exploitation and sexual abuse of children are heinous crimes and need to be

effectively addressed.

BE it enacted by Parliament in the Sixty-third Year of the Republic of India as follows:—