 bill no 267 of  2017 the protection of children from sexual offences (amendment) bill, 2017 byshri gaurav gogoi, mpa billfurther to amend the protection of children from sexual offences act, 2012be it enacted by parliament in the sixty-eighth year of the republic of india as follows:—short title and commencementamendment of section 232 of 20122 in section 2 of the protection of children from sexual offences act,  2012 (hereinafter referred to as the principal act), in sub-section (1),—(a) after clause (d), the following clause shall be inserted, namely :—'(da) "database" means the details of the sexual offenders contained in the sexual offender register under section 12b;'; and5(b) after clause (j), the following clauses shall be inserted, namely :—'(ja) "sexual offence" includes the offences of "penetrative sexual assault","aggravated penetrative sexual assault", "sexual assault" and "aggravated sexual assault" as defined under sections 3, 5, 7, 9 and 11, respectively;10(jb) "sexual offender" refers to any individual charged with committing any sexual offence under this act;(jc) "sexual offenders register" means the register maintained under section i 2a;'153 after section 12 the principal act, the following heading and sections thereunder shall be inserted, namely :— "f—establishment of a sexual offenders registry 12a the state government shall cause to be maintained a computerized sexual offenders register containing details of sexual offenders in such manner as may be prescribedmaintenance of sexual offenders register2012b the sexual offender register shall contain the following details of the sexual offender, namely:—content of the sexual offenders register(a) name and surname, and every alias; (b) date of birth and gender;25(c) the address of main residence and every secondary residence or, if there is nosuch address, the location of that place;(d) the address of every place at which he is employed or retained or is engagedon a volunteer basis, or, if there is no address, the location of that place, the name of employer or the person who engages him on a volunteer basis or retains him and thetype of work he does there:30provided that in case of a police officer charged under section 9, the detailsregarding his status as an officer or a member of the indian police service and the address and telephone number of his unit, if applicable, shall be recorded;(e) the address of every educational institution at which he is enrolled or, if thereis no such address, the location of that place;(f) designated aadhaar identification detail;35(g) height and weight and a description of every physical distinguishing markthat he has;40(h) the licence plate number, make, model, body type, year of manufacture andcolour of the motor vehicles that are registered in his name or that he uses regularly, if any;(i) the licence number and the name of the issuing jurisdiction of driving licencethat he holds;(j) the passport number; (k) one mandatory proof of identification;(l) the telephone number at which he may be reached; (m) every offence to which the order relates; (n) the time and place where the offence or offences were committed; and (o) the time and place where he was convicted of; and (p) such other details as may be prescribed:5provided that in addition to information mentioned under clauses (a) to (p), if theperson collecting the information is of the opinion that any observable characteristic that may assist in identification of the offender, including his eye colour, hair colour and photograph be taken, he may register such additional details1012c it shall be the duty of the local police authorities of each state to maintain thesexual offenders register established under section 12a in such manner as may be prescribedmaintenanceof sexualoffenders register obligation of sexual offenders to register12d (1) a person who is subject to a judicial order and charged as a sexual offenderunder sections 3,5,7,9 or 11 shall register in person with the sexual offenders register within seven days after such order is made along with details of offence in connection of which the order is made15(2) when a sexual offender reports for registration, he shall provide the information asmentioned under section 12b accurately to the person who collects the informationnotification of change of information2012e a registered sexual offender shall, within seven days after the date of  the changeof any information submitted at the time of registration, notify the authorised person, who collects registration information, of any change in the information which he provided under section 12bpunishment for failure to register2512f whoever knowingly contravenes provisions of sections 12b,12d or 12e shall beliable for imprisonment for a term which may extend upto three years or with fine which shall not be less than rupees five thousand but which may extend upto rupees ten thousand or with both12g it shall be the duty of the police officer responsible for registration of informationof the sexual offender to register without delay the information in such manner as may be prescribedresponsibilities of police officer for registration30confidentiality of information12h ( 1) it shall be the duty of the police officer to ensure that the registration of theinformation of the sexual offender is done in a manner and in circumstances that ensure its confidentiality and maintain privacy of sexual offender in a manner that is reasonable in the circumstances(2) every information of the sexual offender registered shall be used only for thepurposes of investigation of the offences punishable under this act35unauthorised access to information12i no person shall have access to any information collected under this act, unlessthe sexual offender is a member or employee of or a person retained by police who utilises the information for the purpose of preventing or investigating a crime of a sexual nature or an offenceunauthorised disclosure12j no person shall disclose any information or fact collected under this act orregistered in the database or allow it to be disclosed, unless40(a) it is required to enable him to prevent or investigate a crime of a sexual natureor to frame charge for such an offence;(b) the disclosure is necessary to enable the prosecutor to determine whether acharge for an offence resulting from an investigation shall be framed;(c) the disclosure is to a prosecutor, judge or justice in a proceeding relating to an application for a search warrant in connection with an investigation and the information is relevant to the application; and5(d) the disclosure is to a member or an employee of a police service outside india or to a person detained by such police, and is necessary to assist the police in the prevention or investigation of a crime of a sexual nature12k whoever knowingly contravenes provisions of section 12h or 12i shall be liable for imprisonment for a term which may extend upto six months or with fine which shall not be less than rupees two thousand but which may extend extend upto rupees three thousand or with both"10punishment for unauthorised disclosure and consultation of information4 after section 44 the principal act, the following section shall be inserted, namely :—insertion of new section 44a4 of 200615interdisciplinary research program to protect children from sexual abuse"44a (1) the national commission for protection of child rights constituted under section 3, in consultation with the state commission for protection of child rights constituted under section 17, of the commissions for protection of child rights act, 2005, shall, in addition to the functions assigned to it under this act shall carry out a continuing inter-disciplinary program of research, including longitudinal research, that is designed to provide information required to protect children from sexual abuse and/or neglect of sexual abuse incidents and to improve the well-being of victims of child sexual abuse20(2) every research program under sub-section (1) shall include following but not restricted to—(a) nature and scope of areas linked to the impact of child sexual abuse;25(b) causes, prevention, assessment, identification, treatment, cultural and socioeconomic distinctions, and the consequences of child sexual abuse, including the effects of child sexual abuse and neglect on his development and identification of successful early intervention services or other services that are required;(c) appropriate, effective and culturally sensitive investigative, administrative,and judicial systems, including multi-disciplinary, coordinated decision-making procedures with respect to cases of child sexual abuse;30(d) the evaluation and dissemination of best practices, including best practicesto meet the needs of children with disabilities;(e) effective practices and programs to improve activities such as identification,screening, medical diagnosis, forensic diagnosis, health evaluations, and services, including activities that promote collaboration between the medical community, including providers of mental health and developmental disability services; and35(f) evaluation of the redundancies and gaps in the governmental services in thefield of child sexual abuse40(3) the national commission for protection of child rights shall, not later than three years after the commencement of this act, in consultation with the state commission for protection of child rights, submit a report to the union ministry of women and child development of its activities under this section"amendment of section 455 in section 45 of the principal act, in sub-section (2), after clause (d), the  following clause shall be inserted, namely:—45"(e) the manner of carrying out the inter-disciplinary program of research under section44a;" statement of objects and reasonsindia is a signatory to the un convention on the rights of the child since 1992 that mandates all parties to take measures to prevent children from being coerced into unlawful sexual activity and create an environment that disallows this to happen we are country where an estimated forty per cent of our population is constituted by children and onus of ensuring their safety and security rests with us as representatives and in the interest of securing the future of our countryin the year 2016, an alarming number of fifteen thousand cases have been registered under the protection of children from sexual offences act, 2012 which means that every hour, two children are sexually abused in india the fight against child sexual abuse deserves our undivided attention because it holds at stake the future of the children of this country child sexual abuse can have a debilitating impact on children and while justice is important in cases of abuse, it is more important to create an environment that propagates prevention of any such offencesthe protection of children from sexual offences act, 2012 has initiated a new wave of measures in the form of providing for child friendly procedures for reporting, recording of evidence, investigation and trial of offences to combat the appallingly widespread prevalence of sexual abuse against children and grant them access to justice however, the disgruntling increase in the number as well as the brutality of sexual offences against children requires more stringent measures to be takenit is in securing this interest that this bill seeks to establish a sexual offenders register to better assist law enforcement officers in their job of preventing this sort of abuse that so often goes unnoticed and unreported the registration requirements under this act are intended to better assist law enforcement officers by providing them with an appropriate, comprehensive, and effective means to monitor those persons who pose such a potential dangerthe proposed register intends to be punitive in nature and is implemented to protect the community by reducing the likelihood that an offender will reoffend and to facilitate the investigation and prosecution of any future offences that they may commit the purpose of the bill is to help police services to prevent and investigate crimes of a sexual nature by requiring the registration of certain information relating to sex offenders and not to interfere with the process of rehabilitation of any offenders and hence seeks to maintain the registers as private, allowing disclosure only under certain conditionschild sexual abuse is an extensive problem and requires a series of administrative and preventive measures to comprehensively tackle it the research on this issue has not received adequate importance in india because of lack of reporting or disclosure child sexual abuse is a multi dimensional problem having legal, social, medical and psychological implications and there is a need of a provision for greater research to understand this issue so as to be able to come up with better informed policies that are targeted at specifically and thoroughly researched areasthere is need to provide an opportunity to conduct such research so as to identify the gaps in legislation for this issue along with identifying other areas that need to be addressed to ensure protection of children from sexual abusechild sexual abuse is rampant, indiscriminate and cuts across class, region, culture and religion and needs to be addressed at the earliestnew delhi;gaurav gogoinovember 29, 2017 financial memorandumclause 3 of the bill provides that the state government shall cause to be maintained a computerized sexual offenders register containing details of sexual offenders under its jurisdiction clause 4 provides that the national commission for protection of child rights shall, in consultation with the state commissions for protection of child rights constituted under section 17 of the commissions for protection of child rights act, 2005, to carry out a continuing inter-disciplinary programme of research, including longitudinal research, designed to provide information required to protect children from sexual abuse and/or neglect of sexual abuse incidents and to improve the well-being of victims of child sexual abuse the expenditure relating to states shall be borne out of the consolidated funds of the state government concerned the bill, therefore, if enacted, would involve expenditure from the consolidated fund of india it is estimated that a recurring expenditure of about rupees twenty crore per annum would involve from the consolidated fund of indiaa non-recurring expenditure of about rupees thirty crore  is also likely to be involved memorandum regarding delegated legislationclause 5 of the bill empowers the central government to make rules relating to manner of carrying out the inter-disciplinary programme of research as the rules will relate to matters of detail only, the delegation of legislative power is therefore of normal character annexure[extract from the protection of children from sexual offences act, 2012]no 32 of 2012    definitions2     (d) "child" means any person below the age of eighteen years;     (j) "sexual harassment" has the same meaning as assigned to it in section 11;power to make rules44 (1) the central government may, by notification in the official gazette, make rules for carrying out the purposes of this act(2) in particular, and without prejudice to the generality of the foregoing powers, such rules may provide for all or any of the following matters, namely:—(a) the qualifications and experience of, and the fees payable to, a translator or an interpreter, a special educator or any person familiar with the manner of communication of the child or an expert in that field, under sub-section (4) of section 19: sub-sections (2) and (3) of section 26 and section 38;(b) care and protection and emergency medical treatment of the child under sub-section (5) of section 19;(c) the payment of compensation under sub-section (8) of section 33;(d) the manner of periodic monitoring of the provisions of the act under sub-section(1) of section 44    ———— a billfurther to amend the protection of children from sexual offences act, 2012————(shri gaurav gogoi, mp)gmgipmrnd—2820ls(s3)—20122017