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Child Sexual Abuse in India Child Sexual Abuse in India

PathLegal receives many questions about child sexual abuse & related law. We have prepared this article for public to understand the crime Child Sexual Abuse and related laws. This document is prepared in a generic aspect for a basic understanding about the law against sexual harassment in India. The facts mentioned here may vary from case to case and time to time. Please visit a competent lawyer to get the right information.

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Child Sexual Abuse ? Child sexual abuse is an abuse to the child in which an adult or older adolescent uses a child for sexual stimulation. There are different forms of child abuse include asking or pressuring a child to engage in sexual activities, indecent exposure to a child with intent to satisfy their own sexual desires, physical contact with a child, using a child to produce pornography etc.
According to The Convention on the Rights of the Child, Article 1 defines "the child" as "every human being below the age of 18 years unless under the law applicable to the child, majority is attained earlier".
In the Indian legal system, the child has been defined differently in the various laws pertaining to children. The Indian Penal Code defines the child as being 12 years of age, whereas the Indian Traffic Prevention Act, 1956 defines a 'minor' as a person who has completed the age of 16 years but not 18 years. Section 376 of IPC, which punishes the perpetrators of the crime of rape, defines the age of consent to be below 16 years of age, whereas Section 82 & 83 of the IPC states that nothing is an offence done by a child under 7 years, and further under 12 years, till he has attained sufficient maturity of understanding the nature of the Act and the consequences of his conduct on that occasion.

Child Sexual Abuse Law? Protection of Children from Sexual Offences Act 2012
  • The Act defines a child as any person below the age of 18 years and provides protection to all children under the age of 18 years from the offences of sexual assault, sexual harassment and pornography.
  • This is the first time that an Act has listed aspects of touch as well as non touch behaviour (eg: photographing a child in an obscene manner) under the ambit of sexual offences.
  • The Act incorporates child friendly procedures for reporting, recording of evidence, investigation and trial of offences
  • The attempt to commit an offence under the Act has also been made liable for punishment for upto half the punishment prescribed for the commission of the offence.
  • The Act also provides for punishment for abetment of the offence, which is the same as for the commission of the offence. This would cover trafficking of children for sexual purposes.
  • For the more heinous offences of Penetrative Sexual Assault, Aggravated Penetrative Sexual Assault, Sexual Assault and Aggravated Sexual Assault, the burden of proof is shifted on the accused.
  • The media has been barred from disclosing the identity of the child without the permission of the Special Court.

Before the Bill was passed, cases of child sexual abuse were dealt under the following sections under IPC:

  • Section 375 that defines rape.
  • Section 376 of the Indian Panel Code provides for the punishment of rape which shall not be less than seven years but which may extend to ten years, unless the women raped is his own wife and is not under 15 years of age in which case, he shall be punished with imprisonment for a term which may extend to two years or with fine or both. When the girl is less than 12 years or where the rapist is a person in authority (in a hospital, children's home, a police station etc.), the punishment is greater.
  • The other IPC provisions that are invoked is relating to unnatural practices is Section 377 This is generally invoked when boy children are sexually abused.
  • Outraging the Modesty of a woman or a girl is dealt with in Section 354
  • For insulting the modesty of woman is in Section 509
  • Obscenity and pornography are dealt under the Young Persons (Harmful Publications) Act , 1956. .A young person means a person under the age of 20 years. It is an offence to sell, let, hire, distribute or publicly exhibit harmful publications.
  • Under Section 67 of the Information Technology Act, 2000, publication and transmission of pornography through the internet is an offence.

Child Sexual Abuse Victims It's been noticed that many child sexual abuse victims are unlikely to report to the police or the legal authority because of the unawareness, public humiliation, rigidness of the law, etc. However the fact is that presently, Indian law is in favour to the victims and encourages them to take the next steps legally to wipe out this crime in the future.

Assaulter and Social Status Assaulters will be punished accordingly by the law and wouldn't have any social status thereafter. They would be rejected by the society

Child sexual abuse related Questions and Answers

Male Child Sexual Abuse Criminal 15 Feb 2018
Hi, I have read and listened to the lawyers on the news channels that there is no limit on time for reporting a case. However, the POCSO won't be applicable...
Just go to the nearest police station and register your complaint. The important link missing in this case would be medical examination of the child to...

Male Child abuse from Neighbour Human Rights 18 Dec 2017
Can I file a case for child abuse after 20 years? I am Male,30 years of age now. I was abused when I was 7-10 years by a neighbor who was around 30 at...
1) There is bar of limitation under section 468 of the Criminal Procedure Act, 1973 which restricts filing of criminal complaint after three years. 2)...

Time limit to file civil claim in child sexual emotional abuse matter Civil 13 Apr 2017
In our family a male child was sexually and emotionally abused by two girls when he was 15 years old. One of the girls was 15 years old but mentally quite...
For claiming compensation you have to prove if the girls were guilty and had constituted a criminal act. A civil court can not decide if the action conducted...

Child abuse happened in India and want to bring lawsuit in USA Civil 9 Apr 2017
In our family a male child was sexually and emotionally abused by two girls when he was 15 years old. One of the girls was 15 years old but mentally quite...
yes it is .as you say that the parents were supportive due to the US culture so they may blame you for this too , but first need to ask the boy that if...

Laws and statue of limitation regarding child sexual abuse in India Criminal 9 Apr 2017
In our family a male child was sexually and emotionally abused by two girls when he was 15 years old. One of the girls was 15 years old but mentally quite...
Law of limitation is not applicable to Criminal Cases. It is saying "Crime Never Dies". So once an offence is discovered, it can be prosecuted, subject...

child abuse,mentlly nd domestic voilence Family 23 Jul 2016
Hello sir,my self jassi.meri mother ne papa ke glt rishton ki wjh se suicide kiya jb m.1 mnth ki thi..papa ne apne bde bhai ko gaud de diya y kh kr ki...
Please file complaint to the higher authorities of department where your father is working inform all fact to the concern office.Please file a partition...

Does verbally threatening a neighbours child amount to child abuse Criminal 18 Mar 2016
Does verbally threatening a neighbours child amount to child abuse
in today world any thing is possible , just go for written apology .

How could a male survivor of child sex abuse report Criminal 17 Oct 2014
Hello I am 25 years old and I am a male survivor of child sex abuse.I was molested(stripped naked publicly and groped) as a prepubescent boy in my childhood...
1. This is now a past incident. The limitation for filing criminal complaint is one year from the date of offence. It is best that you forget and overcome...

How could a male survivor of child sex abuse report Criminal 10 Oct 2014
Hello I am 25 years old and I am a male survivor of child sex abuse.I was molested(stripped naked publicly and groped) as a prepubescent boy in my childhood...
Dear brother 1. it should have been reported to the police that time itself 2. the limitation period also is over and you dont have any evidence to...

is there any law in india for the child sexual abuse through internet..such as grooming, pornography..
Yes this is punishable under IT Act, 2000

child sexual abuse and whether a case can be lodged after. 10 years ANY 30 Dec 2013
I was raped by my cousin when I was back in second grade,too young to understand what happened.When I got to 7th 8th grade I realized what happened but...
No you can\'t do after so many years

Punishment for child abuse. ANY 21 Nov 2013
When I was 8 yrs old,while playing I was called by a neighbor who was young boy around age of 20.He called me in his room and told me he would show a game...
dear client, it may be time barred.still u can register FIR against that boy for outrage of the modesty of woman and attempt of rape. you may call...

Child sex Clipe Environmental 27 Jun 2013
Child sex Clipe & movis
1. It is criminal Offence to record,display or view or transmit u/s 354 I.P.C. + Advocate Rohit Sharma. = kindly do click like to o.k. response reply....

for child sexual and rape aatemped Criminal 26 Jun 2013
dear Sir my nephew (brother\'s daughter) he age is 14 year where she was studying in 11th std. at bhavnagar. last 6th Fab.2013. she was kidnap by sadhu...
File Online Complaint(By phone & written) to Complaint & legal cell Gujarat State Commission for Women , giving all Facts & ask forlegal Actio & help to...

a case of perfect child abuse and outraged of modesty in BSF Human Rights 23 Jun 2013
minor girl aged 15 years awaiting justice from last 04 months.Help the little girl to get out of trauma
Dear Client, May please the facts of the case as to suggest you the remedy and legal action to be taken.

action against child sexual abuse ANY 22 Jun 2013
i was sexually abused by my brother in my childhood,but could not take any action till now because of family burden,but now i want their any...

child abusement Human Rights 26 Mar 2011
Sir, where i can meet you i am situated at alandhur chennai near st.thomas mount rly stn. chennai. now my in laws at delhi whether it is possible to file...
You can meet me on Monday by 10.30 a.m. at the following address. I will see the merits of the case and give you solution. V.Arunagiri, Advocate & Vice...

child abusement Human Rights 20 Mar 2011
I am having two children son aged 7years having mild autism and hyper active he is regularly attending occupational therapy he is having learning difficulties...
Yes, you have lots of legal options.You can file a criminal case to put them behind bars.You need to know every thing in detail.for detail- Santosh G...

NOTE:- These articles are created only for a basic awareness of the LAWS related to child sexual abuse. To express the legal points it would be necessary to define the above terminologies.
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