POCSO Act Section 2 — Definitions

Summary

Sub-section (1) lists the definitions used throughout this Act, unless the context requires otherwise.

Under clause (a), aggravated penetrative sexual assault has the same meaning given to it in section 5 of this Act.

Under clause (b), aggravated sexual assault has the same meaning given to it in section 9 of this Act.

Under clause (c), armed forces or security forces means the armed forces of the Union, or security forces or police forces, as specified in the Schedule to this Act.

Under clause (d), child means any person below the age of eighteen years.

Under clause (da), child pornography means any visual depiction of sexually explicit conduct involving a child, including a photograph, video, digital or computer generated image that is indistinguishable from an actual child, and an image that is created, adapted, or modified but appears to depict a child.

Under clause (e), domestic relationship has the same meaning given to it in clause (f) of section 2 of the Protection of Women from Domestic Violence Act, 2005.

Under clause (f), penetrative sexual assault has the same meaning given to it in section 3 of this Act.

Under clause (g), prescribed means prescribed by rules made under this Act.

Under clause (h), religious institution has the same meaning given to it in the Religious Institutions (Prevention of Misuse) Act, 1988.

Under clause (i), sexual assault has the same meaning given to it in section 7 of this Act.

Under clause (j), sexual harassment has the same meaning given to it in section 11 of this Act.

Under clause (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.

Under clause (l), Special Court means a court designated as such under section 28 of this Act.

Under clause (m), Special Public Prosecutor means a Public Prosecutor appointed under section 32 of this Act.

Sub-section (2) states that any words or expressions used in this Act but not defined here, if they are defined in the Indian Penal Code, the Code of Criminal Procedure, 1973, the Juvenile Justice (Care and Protection of Children) Act, 2015, or the Information Technology Act, 2000, shall have the meanings given to them in those Codes or Acts.

Official Text

(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.

Sections referred to

• POCSO Act §3 — Penetrative sexual assault
• POCSO Act §5 — Aggravated penetrative sexual assault
• POCSO Act §7 — Sexual assault
• POCSO Act §9 — Aggravated sexual assault
• POCSO Act §11 — Sexual harassment
• POCSO Act §28 — Designation of Special Courts
• POCSO Act §32 — Special Public Prosecutors

Referred to by

• POCSO Act §46 — Power to remove difficulties

Related Judgments

• INDEPENDENT THOUGHT vs UNION OF INDIA & ANR — Supreme Court of India (2017)
• ATTORNEY GENERAL FOR INDIA vs SATISH AND ANOTHER — Supreme Court of India (2021)
• GANGADHAR NARAYAN NAYAK @ GANGADHAR HIREGUTTI vs STATE OF KARNATAKA & ORS — Supreme Court of India (2022)
• RE: EXPLOITATION OF CHILDREN LN ORPHANAGES LN THE STATE OF TAMIL NADU vs UNION OF LNDIA & ORS — Supreme Court of India (2017)
• MS. EERA THROUGH DR. MANJULA KRIPPENDORF vs STATE (GOVT. OF NCT OF DELHI) & ANR — Supreme Court of India (2017)
• RIT FOUNDATION vs THE UNION OF INDIA — Delhi High Court (2022)