Section 2 of THE PROTECTION OF CHILDREN FROM SEXUAL OFFENCES ACT, 2012
Original Text
2. Definitions.—(1) In this Act, unless the context otherwise requires, —
(a) “aggravated penetrative sexual assault” has the same meaning as assigned to it in section 5;
(b) “aggravated sexual assault” has the same meaning as assigned to it in section 9;
(c) “armed forces or security forces” means armed forces of the Union or security forces or police forces, as specified in the Schedule;
(d) “child” means any person below the age of eighteen years;
[(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;]
(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);
(f) “penetrative sexual assault” has the same meaning as assigned to it in section 3;
(g) “prescribed” means prescribed by rules made under this Act;
(h) “religious institution” shall have the same meaning as assigned to it in the Religious Institutions (Prevention of Misuse) Act, 1988 (41 of 1988).
(i) “sexual assault” has the same meaning as assigned to it in section 7;
(j) “sexual harassment” has the same meaning as assigned to it in section 11;
(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;
(l) “Special Court” means a court designated as such under section 28;
(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), [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.
Visual Summary
The Definition of ‘Child’
Perhaps the most critical definition: Any person below the age of 18 years. This aligns with international standards and the JJ Act, ensuring uniform protection regardless of gender.
Child Pornography
Added in 2019, this definition is broad. It includes photos, videos, and even computer-generated or modified images that appear to depict a child in sexually explicit conduct.
Cross-Referencing
If a term isn’t defined here, the Act borrows definitions from the IPC, CrPC, JJ Act, and IT Act. This prevents legal loopholes caused by undefined terms.
Summary
Section 2 serves as the “dictionary” for the POCSO Act. Before any crimes can be prosecuted, the law must clearly define who is protected and what specific terms mean.
Key Highlights:
- Universal Protection: A “child” is anyone under 18. The Act is gender-neutral, protecting boys, girls, and transgender children equally.
- Modernized for Digital Age: The 2019 amendment introduced clause (da) to define “child pornography.” This was necessary to tackle online abuse and deepfake technology, covering digital or computer-generated images that look like children.
- Internal Linking: Many definitions (like sexual assault types) simply point to the specific sections (Sections 3, 5, 7, 9, 11) where the crime is detailed.
- Legal Harmony: Subsection (2) ensures that the POCSO Act works in harmony with existing Indian laws (IPC, IT Act, etc.) by adopting their definitions for any terms not explicitly defined within POCSO itself.
Key Takeaways
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Age of Majority: For the purpose of sexual offences under this Act, the age of consent and protection is strictly 18 years.
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Shared Household: The definition is borrowed from domestic violence laws, allowing the Act to cover abuse occurring within family settings or by relatives living with the child.
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Virtual/Digital Scope: The definition of child pornography includes “virtual” children (computer-generated), closing a loophole for offenders who use CGI to create abusive material.
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Residual Definitions: If a legal term arises in a POCSO case that isn’t defined in Section 2, the court will look to the IPC, CrPC, JJ Act, or IT Act for the meaning.
Interpretation Logic Flowchart
Figure: How to interpret legal terms under Section 2.
Practice Questions
1. According to Section 2(d) of the POCSO Act, a “child” is defined as any person below the age of:
Show Answer
Correct Answer: B. 18 years. Section 2(d) explicitly states that a child means any person below the age of eighteen years.
2. Which Act is NOT mentioned in Section 2(2) as a source for undefined terms?
Show Answer
Correct Answer: C. The NDPS Act is not listed in Section 2(2). The section lists IPC, CrPC, JJ Act, and IT Act.
Related Provisions
Section 2 acts as a gateway to the substantive provisions of the Act. Here are the key links:
- Section 3: Penetrative Sexual Assault (Defined in 2(f))
- Section 5: Aggravated Penetrative Sexual Assault (Defined in 2(a))
- Section 28: Designation of Special Courts (Defined in 2(l))
- Section 32: Special Public Prosecutors (Defined in 2(m))
Conclusion
Section 2 is the foundation of the POCSO Act. By clearly defining a “child” as anyone under 18 and incorporating modern definitions like “child pornography,” it sets the scope for the entire legislation. Its reliance on the IPC and IT Act for undefined terms ensures that the legal framework remains cohesive and leaves little room for ambiguity during trials.