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Regular-article-logo Sunday, 05 April 2026

DEVILS AND THEIR NEMESIS

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DOCUMENT Excerpts From The Draft Bill Of The Offences Against Children Act, 2005 TO BE CONCLUDED Published 13.06.06, 12:00 AM

Sexual abuse ? Any person who, with sexual intent or in a sexual manner ? molests a child or touches, directly or indirectly, with a part of the body or with an object, any part of the body of the child; forces, invites, counsels or incites a child to touch, directly or indirectly, the genitalia of any person, including of the person who so invites, counsels or incites, with a part of the body of the child or with any object; engages in cunnilingus or fellatio on a child or compels a child to perform either act, engages in sexual activity in the presence of a child, exposes his/her genitals to a child or forces a child to expose his/her genitals, causes a child to watch a sexual act or view pornography in any form, including photographs, print, on the electronic and other wireless media, or induces a child to engage in any other sexual activity not mentioned as a specific offence in this Act, with or without the consent of a child below 16 years of age and without the consent of a child who has attained the age of 16 years, is said to commit sexual abuse on the child.

A person guilty of sexual abuse of a child shall be liable to punishment as provided below: If the child is below 12 years of age, imprisonment of not less than 5 years, upto a maximum of 10 years, with fine. If the child is between 12-16 years, imprisonment of not less than 2 years but which may extend to 10 years, with fine. If the child is more than 16 years, imprisonment of not less than 6 months but which may extend to 10 years, with fine.

Provided that the offender is a person in a position of authority or trust in relation to the child, the punishment of imprisonment would be rigorous and one-and-a-half times the punishments laid down above.

Commercial Sexual Exploitation shall mean offering a child to any person for the purpose of sexual exploitation, for a consideration, at any premises other than a brothel and/or the planning, operating, advertising, conducting, or booking of persons on a tour organized for the purpose of sexual exploitation of children, whether actual or intended.

Any person who is guilty of Commercial Sexual Exploitation of a child under this section shall be liable to rigorous imprison- ment of not less than 5 years, but which may extend to 10 years, and fine.

Child Pornography shall mean any representation, by whatever means, for a sexual purpose, of a child engaged in real or simulated explicit sexual activities or representation of the sexual parts of a child, the dominant characteristic of which is depiction for a sexual purpose or in a sexual manner, or realistic images representing or appearing to be a minor engaged in indecent or sexual activities and/or any promotional material in relation to the same.

Any person who prepares, produces, facilitates, distributes or knowingly abets in the creation of child pornography, shall, on conviction, be liable to rigorous imprisonment of not less than 7 years, but which may extend to 10 years, and fine.

Any person found in possession of child pornography, shall, on conviction, be punished with imprisonment for a term which may extend to 5 years and/or with fine.

Grooming for sexual purpose shall mean any person deliberately preparing a child or his/her parents/guardians for the purpose of arranging subsequent meeting(s) with the child with the intention of sexually exploiting the child.

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