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The Protection of Children from Sexual Offences Rules, 2020

The Protection of Children from Sexual Offences Rules, 2020 was notified in the gazette and came into effect from March 2020.

Salient features

  • Awareness generation and capacity building - The Central Government, or as the case may be, the State Government shall prepare age-appropriate educational material and curriculum for children, informing them about various aspects of personal safety, including
    • measures to protect their physical, and virtual identity; and to safeguard their emotional and mental wellbeing;
    • prevention and protection from sexual offences;
    • reporting mechanisms, including Child helpline-1098 services;
    • inculcating gender sensitivity, gender equality and gender equity for effective prevention of offences under the Act.
  • Procedure regarding care and protection of child
    • Where an y Special Juvenile Police Unit (SJPU) or the local police, as the case may be, receives information in accordance with the provisions
      contained under sub-section (1) of section 19 of the Act in respect of an offence that has been committed or attempted or is likely to be committed, the authority concerned shall, where applicable,
      • proceed to record and register a First Information Report as per the provisions of section154 of the Code of Criminal Procedure, 1973 (2 of 1974), and furnish a copy thereof free of cost to the person making such report, as per sub-section (2) of section154 of that Code;
      • where the child needs emergency medical care as described under sub-section (5) of section 19 of the Act or under these rules, arrange for the child to access such care, in accordance with rule 6;
      • take the child to the hospital for the medical examination in accordance with section 27 of the Act;
      • ensure that the samples collected for the purposes of the forensic tests are sent to the forensic laboratory immediately;
      • inform the child and child’s parent or guardian or other person in whom the child has trust and confidence of the availability of support services including counselling, and assist them in contacting the persons who are responsible for providing these services and relief;
      • inform the child and child’s parent or guardian or other person in whom the child has trust and confidence as to the right of the child to legal advice and counsel and the right to be represented by a lawyer, in accordance with section 40 of the Act.
  • Interpreters, translators, special educators, experts and support persons.
    • In each district, the District Child Protection Unit (DCPU) shall maintain a register with names, addresses and other contact details of interpreters, translators, experts, special educators and support persons for the purposes of the Act, and this register shall be made available to the SJPU,
      local police, magistrate or Special Court, as and when required.
  • Medical aid and care.
    • Where an officer of the SJPU, or the local police receives information under section 19 of the Act that an offence under the Act has been committed, and is satisfied that the child against whom an offence has been committed is in need of urgent medical care and protection, such officer, or as the case may be, the local police shall, within 24 hours of receiving such information, arrange to take such child to the nearest hospital or medical care facility center for emergency medical care.
  • Special relief.
    • For special relief, if any, to be provided for contingencies such as food, clothes, transport and other essential needs, Child Welfare Committee (CWC) may recommend immediate payment of such amount as it may assess to be required at that stage, to any of the following:-
      (i) the District Legal Services Authority (DLSA) under Section 357A; or;
      (ii) the DCPU out of such funds placed at their disposal by state or;
      (iii) funds maintained under section105 of the Juvenile Justice (Care and Protection of Children) Act,2015 (2 of 2016);
    • Such immediate payment shall be made within a week of receipt of recommendation from the CWC
  • Compensation
    • The Special Court may, in appropriate cases, on its own or on an application filed by or on behalf of the child, pass an order for interim compensation to meet the needs of the child for relief or rehabilitation at any stage after registration of the First Information Report. Such interim compensation paid to the child shall be adjusted against the final compensation, if any. 
    • The State Government shall pay the compensation ordered by the Special Court within 30 days of receipt of such order
  • Reporting of pornographic material involving a child.
    • Any person who has received any pornographic material involving a child or any information regarding such pornographic material being stored, possessed, distributed, circulated, transmitted, facilitated, propagated or displayed, or is likely to be distributed, facilitated or transmitted in any manner shall report the contents to the SJPU or local police, or as the case may be, cyber-crime portal (cybercrime.gov.in) and upon such receipt of the report, the SJPU or local police or the cyber-crime portal take necessary action as per the directions of the Government issued from time to time. 

Entitlement of children who have suffered sexual abuse to receive information and services

  • To receive a copy of the FIR.
  • To receive adequate security and protection by Police.
  • To receive immediate and free medical examination by civil hospital/PHC etc.
  • To receive Counseling and consultation for mental and psychological well being
  • For Recording of statement of child by woman police officer at child’s home or any other place convenient to child
  • To be moved to a Child Care Institution where offence was at home or in a shared household, to the custody of a person whom child reposes faith.
  • For Immediate aid and assistance on the recommendation of CWC.
  • For being kept away from accused at all times, during trial and otherwise.
  • To have an interpreter or translator, where needed.
  • To have special educator for the child or other specialized person where child is disabled.
  • For Free Legal Aid.
  • For Support Person to be appointed by Child Welfare Committee.
  • To continue with education.
  • To privacy and confidentiality.
  • For list of Important Contact No.’s including that of the District Magistrate and the Superintendent of Police

To access the complete Rules, click here

Source : Ministry of Women and Child Development



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