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Law

The Protection of Children from Sexual Offences Act, 2012

Ministry of Women and Child Development

Published 25 August 2026

In short

The Protection of Children from Sexual Offences (POCSO) Act, 2012 is a gender-neutral law protecting all persons below eighteen from sexual offences. It defines four graded offences: penetrative sexual assault, aggravated penetrative sexual assault, sexual assault, and sexual harassment. Trials must conclude within one year, with child-protective procedures including statements at home and in-camera hearings.

Key facts

Year
2012
Act number
Act No. 32 of 2012
Administered by
Ministry of Women and Child Development
In force from
14 November 2012

POCSO is a gender neutral special law that protects every person below eighteen from sexual offences. Before it, child sexual abuse was prosecuted under general penal provisions that did not fit the facts well, especially for boys and for non penetrative abuse. POCSO defines four graded offences: penetrative sexual assault, aggravated penetrative sexual assault, sexual assault and sexual harassment, together with offences relating to child pornography.

Its design is built around not re traumatising the child. The statement must be recorded at the child’s home or a place of choice, by a woman police officer not in uniform where possible, and a support person may accompany the child throughout. Special Courts conduct the trial in camera, the child must not be called repeatedly, aggressive cross examination is barred, and the accused must not come face to face with the child. Trials are expected to conclude within one year of the court taking cognisance.

Section 19 makes reporting mandatory for everyone, including doctors, teachers and family members, and Section 21 punishes failure to report. Section 29 reverses the burden of proof, presuming guilt once the prosecution establishes the foundational facts, which is unusual in Indian criminal law and is justified by the vulnerability of the victim.

The Protection of Children from Sexual Offences (Amendment) Act, 2019 raised minimum sentences, introduced the death penalty for aggravated penetrative sexual assault and tightened the child pornography provisions.

Key penalties

  • Penetrative sexual assault under Section 4 carries a minimum of ten years, extendable to life imprisonment, and where the child is under sixteen the minimum is twenty years
  • Aggravated penetrative sexual assault under Section 6 carries a minimum of twenty years, extendable to life imprisonment for the remainder of natural life, or death, following the 2019 amendment
  • Sexual harassment under Section 12 carries up to three years imprisonment and fine
  • Section 14 punishes use of a child for pornographic purposes, and Section 15 punishes storage or possession of child pornographic material
  • Section 19 makes reporting mandatory for anyone who knows of an offence, and Section 21 punishes failure to report with up to six months imprisonment
  • Section 29 presumes the accused guilty once foundational facts are proved, reversing the usual burden of proof

Frequently asked questions

What is the punishment for penetrative sexual assault under POCSO Act?

Minimum ten years imprisonment, extendable to life. If the child is under sixteen, the minimum sentence is twenty years. The 2019 amendment raised these minimums and introduced the death penalty for aggravated penetrative sexual assault.

Who must report child sexual abuse under POCSO?

Section 19 makes reporting mandatory for everyone who knows of an offence, including doctors, teachers, police, and family members. Failure to report under Section 21 is punishable with up to six months imprisonment.

Does POCSO apply to both boys and girls?

Yes, POCSO is gender-neutral and protects every person below eighteen from sexual offences, including boys. Before POCSO, general penal provisions did not adequately cover abuse of boys or non-penetrative abuse cases.

What is special about POCSO trial procedure?

Trials are conducted in-camera, statements are recorded at the child's home or place of choice by a woman police officer, a support person may accompany the child, aggressive cross-examination is barred, and the child must not meet the accused face-to-face.

What is Section 29 of POCSO Act about?

Section 29 reverses the burden of proof, presuming the accused guilty once the prosecution establishes foundational facts. This unusual reversal is justified by the vulnerability of the child victim and is unique in Indian criminal law.

What is the penalty for child pornography under POCSO?

Section 14 punishes use of a child for pornographic purposes, and Section 15 punishes storage or possession of child pornographic material. The 2019 amendment tightened these provisions further.

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