PRELIMINARYCentral

Section 2 of The Protection of Children from Sexual Offences Act, 2012

(1)In this Act, unless the context otherwise requires, --
1. (a)"aggravated penetrative sexual assault" has the same meaning as assigned to it in section 5;
2. (b)"aggravated sexual assault" has the same meaning as assigned to it in section 9;
3. (c)"armed forces or security forces" means armed forces of the Union or security forces or police forces, as specified in the Schedule;
4. (d)"child" means any person below the age of eighteen years; 1[(da) "child pornography" means any visual depiction of sexually explicit conduct involving a child which include photograph, video, digital or computer generated image indistinguishable from an actual child and image created, adapted, or modified, but appear to depict a child;]
5. (e)"domestic relationship" shall have the same meaning as assigned to it in clause (f) of section 2 of the Protection of Women from Domestic Violence Act, 2005 (43 of 2005);
6. (f)"penetrative sexual assault" has the same meaning as assigned to it in section 3;
7. (g)"prescribed" means prescribed by rules made under this Act;
8. (h)"religious institution" shall have the same meaning as assigned to it in the Religious Institutions (Prevention of Misuse) Act, 1988 (41 of 1988).
  1. (i)"sexual assault" has the same meaning as assigned to it in section 7;
9. (j)"sexual harassment" has the same meaning as assigned to it in section 11;
10. (k)"shared household" means a household where the person charged with the offence lives or has lived at any time in a domestic relationship with the child;
11. (l)"Special Court" means a court designated as such under section 28;
12. (m)"Special Public Prosecutor" means a Public Prosecutor appointed under section 32.
(2)The words and expressions used herein and not defined but defined in the Indian Penal Code (45 of 1860), the Code of Criminal Procedure, 1973 (2 of 1974), 2[the Juvenile Justice (Care and Protection of Children) Act, 2015 (2 of 2016)] and the Information Technology Act, 2000 (21 of 2000) shall have the meanings respectively assigned to them in the said Codes or the Acts.

Summary

It defines a child as any person who is below the age of eighteen years.
It defines child pornography as sexually explicit visual depictions of children, including digital images that look like a real child.
It defines a shared household as a house where the accused person lives or has lived with the child in a family relationship.
It links key definitions like penetrative sexual assault, sexual assault, and special courts directly to other specific sections of the law.
It states that words not defined in this Act but defined in the Indian Penal Code or the Juvenile Justice Act carry those existing legal meanings.

Practical examples

1Amit, who is seventeen years and eleven months old, is considered a child under this law because Section 2 defines a child as anyone under the age of eighteen years.

2Meera lives in a house with her uncle, who is later accused of an offence. Since they live in the same house in a family relationship, this residence is legally defined as a shared household under the child protection law.

FAQ

1. Who is considered a child under the Protection of Children from Sexual Offences Act, 2012?

Under Section 2 of the Protection of Children from Sexual Offences Act, 2012, a child is defined as any person below the age of eighteen years.

2. What does child pornography mean in Section 2 of the Protection of Children from Sexual Offences Act, 2012?

In Section 2 of the Protection of Children from Sexual Offences Act, 2012, child pornography refers to any visual depiction of sexually explicit conduct involving a child, including real, modified, or computer-generated images that look like a child.

3. Where do we find the definition of a shared household in the Protection of Children from Sexual Offences Act, 2012?

Section 2 of the Protection of Children from Sexual Offences Act, 2012 defines a shared household as a house where the accused person lives or has lived in a domestic relationship with the child.

4. How are terms like Special Court defined in Section 2 of the Protection of Children from Sexual Offences Act, 2012?

Section 2 of the Protection of Children from Sexual Offences Act, 2012 defines a Special Court as a court designated under Section 28 of the same Act.

Test yourself

Q1.Under Section 2 of the Protection of Children from Sexual Offences Act, 2012, what is the age limit for a person to be legally considered a child?

Q2.According to the definitions in Section 2 of the Protection of Children from Sexual Offences Act, 2012, how is a digital or computer-generated image of a child in sexually explicit conduct classified if it looks like an actual child?

Q3.Under Section 2 of the Protection of Children from Sexual Offences Act, 2012, if a term is not defined in this Act, where should a court look for its definition first?

Q4.Under Section 2 of the Protection of Children from Sexual Offences Act, 2012, how is the term penetrative sexual assault defined?

Q5.Under Section 2 of the Protection of Children from Sexual Offences Act, 2012, what does shared household mean?

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