1. Child protection from Sexual Abuse
Lina Acca Mathew,
Assistant Professor, Government Law College, Ernakulam.

2. Child Protection Legislations
Indian Penal Code, 1860
The Juvenile Justice (Care and Protection of Children) Act, 2000
The Juvenile Justice (Care and Protection of Children) Rules, 2007
Commissions for Protection of Child Rights Act, 2005
Immoral Trafficking Act 1956
Child Marriage Prohibition Act 2006
The Information Technology Act,2000
The Protection of Children from Sexual Offences Act, 2012
The Protection of Children from Sexual Offences Rules, 2012

3. International obligations
Convention on Child Rights, Optional Protocol on Child Rights 1990
The Stockholm Declaration and Agenda for Action :Adopted in 1996, the Agenda for action agreed upon by 119 countries including India were the following:-At the local /National Level
Setting targets for reducing children vulnerable to exploitation
Develop implementation and monitoring mechanism in cooperation with civil society to reduce the vulnerability by creating a database of at risk children
Close cooperation and coordination with the Govt and non govt sectors to monitor and evaluate the measures against sexual exploitation of children.
The Yokohama Global Commitment 2001: There was a global commitment to develop national agendas and strategies or plans of action for implementation of measures.
Address the root causes which lead to sexual exploitation.
Closer networking with stakeholders and enforcement agencies to combat sexual exploitation.
Ensure adequate resource allocation
Adequate measures to address negative aspects of new technologies
Importance of family and strengthen social protection of children.
Commit to cooperation and protection at levels to eliminate all forms of sexual exploitation.

4. Section 375 of IPC defines rape
Rape.—A man is said to commit “rape” who, except in the case hereinafter excepted, has sexual intercourse with a woman under circumstances falling under any of the six following de­scriptions:—
First— Against her will.
Secondly—Without her consent.
Thirdly— With her consent, when her consent has been obtained by putting her or any person in whom she is interested in fear of death or of hurt.
Fourthly—With her consent, when the man knows that he is not her husband, and that her consent is given because she believes that he is another man to whom she is or believes herself to be law­fully married.
Fifthly— With her consent, when, at the time of giving such consent, by reason of unsoundness of mind or intoxication or the administration by him personally or through another of any stupe­fying or unwholesome substance, she is unable to understand the nature and consequences of that to which she gives consent.
Sixthly— With or without her consent, when she is under sixteen years of age.
Explanation
Penetration is sufficient to constitute the sexual intercourse necessary to the offence of rape.
Exception—Sexual intercourse by a man with his own wife, the wife not being under fifteen years of age, is not rape.

5. Section 376 lays down the punishment for rape
 (1) Whoever, except in the cases provided for by sub-section (2), commits rape shall be punished with imprisonment of either description for a term which shall not be less than seven years but which may be for life or for a term which may extend to ten years and shall also be liable to fine unless the woman raped is his own wife and is not under twelve years of age, in which cases, he shall be punished with imprisonment of either description for a term which may extend to two years or with fine or with both:
Provided that the court may, for adequate and special reasons to be mentioned in the judgment, impose a sentence of imprisonment for a term of less than seven years.
(2) Whoever: -
(a) Being a police officer commits rape-
(i) Within the limits of the police station to which he is appointed; or
(ii) In the premises of any station house whether or not situated in the police station to which he is appointed; or
(iii) On a woman is his custody or in the custody of a police officer subordinate to him; or

6. (f) Commits rape when she is under twelve years of age; or
(b) Being a public servant, takes advantage of his official position and commits rape on a woman in his custody as such public servant or in the custody of a public servant subordinate to him; or
(c) Being on the management or on the staff of a jail, remand home or other place of custody established by or under any law for the time being in force or of a woman's or children's institution takes advantage of his official position and commits rape on any inmate of such jail, remand home, place or institution; or 
(d) Being on the management or on the staff of a hospital, takes advantage of his official position and commits rape on a woman in that hospital; or
(e) Commits rape on a woman knowing her to be pregnant; or
(f) Commits rape when she is under twelve years of age; or
(g) Commits gang rape,
Shall be punished with rigorous imprisonment for a term which shall not be less than ten years but which may be for life and shall also be liable to fine:
Provided that the court may, for adequate and special reasons to be mentioned in the judgment, impose a sentence of imprisonment of either description for a term of less than ten years.
Explanation 1
Where a woman is raped by one or more in a group of persons acting in furtherance of their common intention, each of the persons shall be deemed to have committed gang rape within the meaning of this sub- section.
Explanation 2
"Women's or children's institution "means an institution, whether called an orphanage or home for neglected women or children or a widows' home or by any other name, which is established and maintained for the reception and care of women or children.
Explanation: 3
"Hospital" means the precincts of the hospital and includes the precincts of any institution for the reception and treatment of persons during convalescence or of persons requiring medical attention or rehabilitation.

7. Section 354, IPC punishes ‘Assault or criminal force to woman with intent to outrage her modesty’.
It states thus:
Whoever assaults or uses criminal force to any woman, intending to outrage or knowing it to be likely that he will thereby outrage her modesty, shall be punished with impris­onment of either description for a term which may extend to two years, or with fine, or with both.
This is a cognizable, bailable offence, triable by any Magistrate. It has been classified as a non- compoundable offence.

8. Section 509, IPC punishes a word, gesture or act intended to insult the modesty of a woman.
It states thus:
Whoever, intending to insult the modesty of any woman, utters any word, makes any sound or gesture, or exhibits any object, intending that such word or sound shall be heard, or that such gesture or object shall be seen, by such woman, or intrudes upon the privacy of such woman, shall be punished with simple imprisonment for a term which may extend to one year, or with fine, or with both.
This is a cognizable, bailable offence, triable by any Magistrate. It is compoundable by the woman whom it was intended to insult or whose privacy was intruded upon with the permission of the court.

9. Section 377, titled ‘unnatural offences’--Sexual activity against male children can be punished only under this section of IPC
It states thus:
Whoever voluntarily has carnal intercourse against the order of nature with any man, woman or animal, shall be punished with imprisonment for life, or with imprisonment of either description for term which may extend to ten years, and shall also be liable to fine.
Explanation: Penetration is sufficient to constitute the carnal intercourse necessary to the offence described in this section.
This offence is classified as a cognizable, non-bailable, non- compoundable offence, triable by a Magistrate of the first class.

10. Sakshi v. Union of India (2004):
Trial should be in camera for proceedings under Sections 354, 376 and 377.
(2) In holding trial of child sex abuse or rape:
(i) a screen or some such arrangements may be made where the victim or witness (who may be equally vulnerable like the victim) does not see the body or face of the accused ;
(ii) the questions put in cross-examination on behalf of the accused, in so far as they relate directly to the incident, should be given in writing to the Presiding Officer of the Court who may put them to the victim or witness in a language which is clear and is not embarrassing ;
(iii) the victim of child abuse or rape, while giving testimony in Court, should be allowed sufficient breaks as and when required.

11. Juvenile Justice(Care and Protection of Children Act, 2006
A juvenile in conflict with law is
a juvenile alleged to have committed an offence
has not completed eighteen years of age as on the date of commission of the offence

12. INDIA: Juvenile Justice Act 2006
A child
Without a home
Found begging, street child or working child
Resides with a abusive person
Mentally/physically challenged/terminally ill/incurably ill with no support
Unfit or incapacitated parent/guardian
No parent/abandoned/surrendered/runaway child/missing
Is being or likely to be grossly abused, tortured or exploited for the purpose of sexual abuse or illegal acts
Vulnerable & likely to be inducted into drug abuse/trafficking
Victim of armed conflict, civil commotion or natural calamity
Being or is likely to be abused for unconscionable gains
INDIA: Juvenile Justice Act 2006
Juvenile in Need of Care and Protectio n:

13. Juvenile Justice Act 2006 Juvenile in need of care and protection
Juvenile in conflict with law
Juvenile in need of care and protection
Juvenile Justice Boards (JJB)
Observation Homes
Special Homes
Child Welfare Committees (CWC)
Children’s Homes
Shelter Homes

14. Integrated Child Protection Scheme
Juvenile in conflict with law:
Children in Need of Care & Protection:
State Child Protection Unit
Juvenile Justice Boards (JJB)
Probation Officer
SJPU
Observation Homes
Special Homes
Aftercare Homes
State Child Protection Unit
CHILDLINE service
Child Welfare Committees (CWCs)
Children’s Homes
Shelter Homes
After-care Organisations
24-hour Drop-in Shelters for Street Children

15. Commissions for Protection of Child Rights Act, 2005
Children’s courts to be constituted
National Commission for Protection of Child Rights (NCPCR) to be constituted– came into force in 2007

16. The Immoral Traffic (Prevention) Act, 1956
‘child’
person who has not completed 16 years of age
‘minor’
a person who has completed the age of sixteen years but has not completed the age o f 18 years
‘prostitution’
the sexual exploitation or abuse of persons for commercial purposes

17. The Immoral Traffic (Prevention) Act, 1956
Procuring, inducing or taking person for the sake of prostitution
When the person is a child, RI from 7 years to life
When person is a minor, RI from 7 years to 14 years
Prostitution in the vicinity of a public place
Wrt this Offence in respect of a child/minor, offender punishable with imprisonment from 7 years to life, or for upto 10 years and fine.
Special/ Trafficking Police Officer, Special Courts, Protective Homes

18. Child Marriage Prohibition Act, 2006
“Child” means a person who if a male has not completed 21 years and if a female, has not completed 18 years.
Child Marriage made voidable at the option of the contracting party who was a child
If child marriage is annulled, then the husband or guardian should pay maintenance to the minor girl.
Child born is legitimate
Appointment of Child Marriage Prevention Officers by state governments
Punishment for adult male of above 18 years for marrying a child, for solemnising marriage, for promoting solemnisation of marriage

19. The Information Technology Act 2000
Section 67B:
Publishing, creating, browsing, downloading, distributing material depicting children in obscene or indecent or sexually explicit manner
cultivating, enticing children to online relationship with one or more children for sexually explicit act
facilitates abusing children online
records in any electronic form own abuse or that of others pertaining to sexually explicit act with children
Punishment
1st conviction– imprisonment upto 5 years+ Rs. 10 lakh fine
2nd conviction- imprisonment upto 7 years +Rs.10 lakh fine

20. Information Technology Act, 2000
Sending offensive messages through a computer resource or communications device is made punishable up to three years imprisonment and fine (Section 66A, ITA)
Violation of body privacy -- whoever intentionally or knowingly captures, publishes or transmits the image of a private area of any person without his or her consent, under circumstances violating the privacy of that person (Section 66E)
Punishment -- imprisonment which may extend to three years or with fine not exceeding two lakh rupees, or both

21. The Protection of Children Against Sexual Offences Act, 2012
Defines and Criminalises various sexual offences:
Penetrative Sexual Assault
Aggravated Penetrative Sexual Assault
Sexual Assault
Aggravated Sexual Assault
Using child for Pornographic Purposes
Abetment of and Attempt to Commit an Offence

22. Penetrative Sexual Assault
Penetration by penis(to any extent),
Insertion (to any extent) of any object or part of the body
Manipulation of part of the body of the child so as to cause penetration
into vagina, mouth, urethra or anus of a child or makes the child to do so with him or any other person
Application of his mouth to the penis, vagina, anus , urethra of the child or makes the child to do so to such person or any other person
Punishment- imprisonment from seven years to life +fine

23. Aggravated Penetrative Sexual Assault
Police officer committing penetrative sexual assault; armed forces/security forces; public servant;
management/staff of
jail, remand home, protection home, observation home, other place of custody or care and protection;
hospital (Govt. and private);
Educational institution or religious institution
Gang rape
Using deadly weapons
Causing grievous hurt/bodily harm/injury to sex organs of child
Physically incapacitates child or causes child to become mentally ill or causes impairment of child temporarily or permanently- makes child pregnant -inflicts child with HIV or other life threatening disease

24. Aggravated Penetrative Sexual Assault-Punishment
Takes advantage of child’s mental or physical disability
More than once or repeatedly on a child
Child below twelve years of age
Blood/adoption/marriage/guardianship/in foster care/domestic relationship with parent/living in same or shared household
Institution providing services to the child
Position of trust or authority of a child-- institution or home
Knowing the child is pregnant
Penetrative sexual assault + attempt to murder
Previously convicted of offence under this Act or any sexual offence punishable under any other law
Penetrative sexual assault + strip or parade naked in public
Punishment– rigorous imprisonment for a term not less than ten years to imprisonment for life + fine

25. Sexual Assault
Whoever, with sexual intent, touches the vagina, penis, anus or breast of the child or makes the child touch the vagina, penis, anus or breast of such person or any other person, or does any other act with sexual intent which involves physical contact without penetration
Punishment- imprisonment from three years to five years + fine

26. Aggravated Sexual Assault
Police officer committing penetrative sexual assault; armed forces/security forces; public servant;
management/staff of
jail, remand home, protection home, observation home, other place of custody or care and protection;
hospital (Govt. and private);
Educational institution or religious institution
Gang rape
Using deadly weapons
Causing grievous hurt/bodily harm/injury to sex organs of child
Physically incapacitates child or causes child to become mentally ill or causes impairment of child temporarily or permanently

27. Aggravated Sexual Assault-Punishment
Takes advantage of child’s mental or physical disability
More than once or repeatedly on a child
Child below twelve years of age
Blood/adoption/marriage/guardianship/in foster care/domestic relationship with parent/living in same or shared household
Institution providing services to the child
Position of trust or authority of a child
Knowing the child is pregnant
Sexual assault + attempt to murder
Previously convicted of offence under this Act or any sexual offence punishable under any other law
Sexual assault + strip or parade naked in public
Punishment– imprisonment for a term not less than five years up to seven years + fine

28. Sexual Harassment With sexual intent
- utters any word or makes any sound or makes any gesture or exhibits any object or part of body with the intention that such word or sound shall be heard or such gesture or object or part of body shall be seen by the child
Makes a child exhibit his body/any part
Show any object to a child in any form or media for pornographic purposes
Repeatedly or constantly follows or watches or contacts a child either directly or through electronic, digital or any other means
Threatens to use in any form of media, a real or fabricated depiction through electronic, film or digital or any other mode, of any part of the body of the child or the involvement of the child in a sexual act
Entices a child for pornographic purposes
Punishment- imprisonment up to three years + fine

29. Using a child for Pornographic Purposes
Whoever, uses a child in any form of media (including programme or advertisement telecast by television channels or internet or any other electronic form or printed form, whether or not such programme or advertisement is intended for personal use or for distribution), for the purposes of sexual gratification, which includes—
Representation of the sexual organs of a child-- Usage or a child engaged in real or simulated sexual acts (with or without penetration)--The indecent or obscene representation of a child
Imprisonment up to 5 years +fine
Subsequent conviction up to 7 years + fine
+ penetrative sexual assault--Not less than ten years to life imprisonment + fine
+aggravated PSA- Imprisonment for life +fine
+sexual assault—not less than 6 years imprisonment up to 8 years + fine
+aggravated sexual assault– not less than 8 years imprisonment up to 10 years + fine

30. Abetment of and Attempt to
Abetment -Punishment as provided for the actual commission of the offence
Attempt—Imprisonment for a term up to one half of the imprisonment for life or one half of the longest term of imprisonment provided for that offence or with fine or with both

31. Mandatory Reporting and Procedure :
Any person (including the child), who has apprehension that an offence under this Act is likely to be committed or has knowledge that such an offence has been committed, he shall provide such information to (a) the Special Juvenile Police Unit or (b) the local police.
The Report shall be recorded in writing and ascribed an entry number; be read over to the informant; be entered in a book kept by Police Unit
SJPU/local police to make immediate arrangement to give him such care and protection (admitting child to shelter home or nearest police station) within 24 hours, after recording reasons in writing
Within 24 hours, SJPU/local police report matter to CWC and Special Court or Sessions Court

32. Punishment for failure to Report/Record
No person shall incur civil/criminal liability for giving information in good faith
Personnel of media or hotel or lodge or hospital or club or studio or photographic facilities shall provide such information to SJPU/local police
Failure to report the commission of an offence or failure to record such offence shall be punished with imprisonment up to six months or with fine or with both
No such liability upon children
False complaint/providing false information— imprisonment up to 6 months or fine or both

33. Procedure for Recording the Statement of a Child-Police
Statement shall be recorded at residence of child or place of his choice and as far as possible by a woman police officer not below rank of sub inspector
Statement of child to be recorded in presence of his parents or any person of child’s trust
Police officer not to be in uniform
Police officer to ensure child does not come into contact with accused while examination
No child to be detained in police station at night
Police officer to ensure that child is protected from public media
Whenever possible, statement of child shall be recorded by audio-video electronic means

34. Procedure for Recording the Statement of a Child-Magistrate
Magistrate shall record the statement of the child in the presence of his parents or any person of child’s trust
Advocate of accused shall not be present while recording the statement of the child
Copy of final report of police to be given to the child and his parents/representative
Whenever possible, statement of child shall be recorded by audio-video electronic means

35. Medical Examination
Even though FIR or complaint has not been registered for offences under this Act, medical examination to be conducted
For girl victim, medical examination by woman doctor only
Medical examination to be conducted in presence of parent of the child/other person of child’s trust
In case parent/other person of trust is not present, medical examination to be conducted in the presence of a woman nominated by the head of the institution

36. Special Courts
Court of Session to be designated as Special Court to provide for speedy trial
Presumption of culpable mental state upon accused. Burden of proof on accused to prove that he had no such intention
Prosecutor designated as Special Public Prosecutor
Special Public Prosecutor and Advocate for accused to put questions for chief, cross and re-Examinations to the Judge, who shall ask the child
Child friendly atmosphere to be created by allowing a family member, friend, relative, child’s trust, to be present
The Child shall not be repeatedly called to testify in the court
No aggressive questioning or character assassination
Identity of child not to be disclosed during investigation and trial including identity of family, school, relatives, neighbourhood etc.
Evidence of child to be recorded within 30 days of Special Court taking cognizance and reasons for delay to be recorded
Trial to be completed within one year
Video conferencing can be used for recording child’s statement or by utilising single visibility mirrors or curtains or any other devices
In camera trial

37. Conclusion Legal Services Authority to provide lawyer for indigent
Subject to rules, the State Government shall prepare guidelines for the use of NGOs, Professionals and Experts or persons having knowledge of psychology, social work, physical health, mental health and child development to be associated with the Pre-Trial and Trial stage to assist the Child
National Commission or State Commission for Protection of Child Rights shall monitor implementation
Protection of Child Against Sexual Offences Rules has been made by Central Government regarding care and protection and emergency medical treatment of child, payment of compensation, interpreter, special educator, periodic monitoring etc.

38. Who to complain
Childline- 1098
1090- Crime stopper
1091, women anti-harassment cell
In case u r a victim of internet abuse or mobile phone abuse:
Kochi City Police Cyber Cell: ,
Anonymous complaints and Identity disclosing complaints