 bill no 86 of  2015 the  protection of children from sexual offences (amendment) bill, 2015 byshrimati poonam mahajan, mp a billfurther to amend the protection of children from sexual offences act, 2012be  it enacted by parliament in the sixty-sixth year of the republic of india as follows:— 1 (1) this act may be called the protection of children from sexual offences(amendment) act, 2015short title and commencementamendment of section 432 of 20122 in the protection of children from sexual offences act, 2012 (hereinafter referred to as the principal act), in section 4, for the words "seven years", the words "ten years" shall be substiuted3 in section 5 of the principal act, clauses (j)  and (t) shall be omittedamendment of section 54 after section 5 of the principal act, the following sections shall be inserted, namely:—insertion of new sections 5a and 5b"5a whoever commits penetrative sexual assault on a child, which—14 of 1987lifeimpairing penetrative sexual assault5(a) physically incapacitates the child or causes the child to become mentally ill as defined under clause (1) of section 2 of the mental health act, 1987 or causes impairment of any kind so as to render the child unable to perform regular tasks, temporarily or permanently; or(b) in the case of female child, makes the child pregnant as a consequence of sexual assault; or10(c) inflicts the child with human immunodeficiency virus or any other life threatening disease or infection which may either temporarily or permanently impair the child by rendering him physically, incapacitated, or mentally ill to perform regular tasks, is said to commit life-impairing penetrative sexual assault15repeated penetrative sexual assault5b whoever commits penetrative sexual assault on a child and who has been previously convicted of having committed any offence under this act or any sexual offence punishable under any other law for the time being in force is said to commit repeated penetrative sexual assault" 5 in section 6 of the principal act, for the words "ten years", the words "twenty years"shall be substitutedamendment of section 66 after section 6 of the principal act, the following sections shall be inserted, namely:—20insertion of new sections 6a and 6b"6a whoever, commits life-impairing penetrative sexual assault, shall be punished with rigorous imprisonment for a term which shall not be less than twenty years but which may extend to imprisonment for life and shall also be liable to finepunishment for lifeimpairing penetrative sexual assault256b (1) whoever, commits repeated penetrative sexual assault, shall be punished with rigorous imprisonment for a term which shall not be less than twenty years but which may extend to imprisonment for life and shall also be liable to finepunishment for repeated penetrative sexual assault(2) any person convicted of an offence of repeated penetrative sexual assault under section 5b shall be barred from employment in institutions established for the custody or care and protection of children"30amendment of section 87 in section 8 of the principal act, for the words "punished with imprisonment of either description for a term which shall not be less than three years but which may extend to five years", the words "punished with rigorous imprisonment for a term which shall not be less than five years but which may extend to seven years" shall be substituted8 in section 9 of the principal act, clauses (j) and (l) shall be omittedamendment of section 9359 after section 9 of the principal act, the following sections shall be inserted, namely:—insertion of new sections 9a and 9b"9a whoever commits sexual assault on a child, which—lifeimpairing aggravated sexual assault14 of 198740(a) physically incapacitates the child or causes the child to become mentally ill as defined under clause (l) of section 2 of the mental health act, 1987 or causes impairment of any kind so as to render the child unable to perform regular tasks, temporarily or permanently; or(b) inflicts the child with human immunodeficiency virus or any other life threatening disease or infection which may either temporarily or permanently impair the child by rendering him physically incapacitated, or mentally ill to perform regular tasks, is said to commit life-impairing aggravated sexual assault9b whoever commits sexual assault on the child more than once or repeatedly is said to commit repeated aggravated sexual assault"5repeated aggravated sexual assault amendment of section 1010 in section 10 of the principal act, for the words "not be less than five years but which may extend to seven years", the words "not be less than seven years but which may extend to ten years" shall be substituted1011 after section 10 of the principal act, the following sections shall be inserted, namely:—insertion of new sections 10a and 10b"10a whoever commits life-impairing aggravated sexual assault shall be punished with rigorous imprisonment for a term which shall not be less than twenty years but which may extend to imprisonment for life, and shall also be liable to finepunishment for lifeimpairing aggravated sexual assault1510b (1) whoever, commits repeated aggravated sexual assault shall be punished with rigrous imprisonment for a term which shall not be less than twenty years but which may extend to imprisonment for life and shall also be liable to finepunishment for repeated aggravated sexual assault(2) any person convicted of an offence of repeated aggravated sexual assault under section 9b shall be barred from employment in institutions established for the custody or care and protection of children" statement of objects and reasonsindia is home to the largest child population in the world almost forty-two percent of the total population of the country is under eighteen years of age needless to say, the health and security of the country's children is integral to any vision for its progress and developmentone of the issues marring this vision of the country's future generations is the evil of sexual abuse of child statistics released by the national crime records bureau reveal that there has been a steady increase in sexual crimes against childrenthe ministry of women and child development, recognizing that the problem of sexual abuse of children needs to be addressed through less ambiguous and more stringent legal provisions enacted the protection of children from sexual offences act, 2012, which intends to effectively address the heinous crimes of sexual abuse and sexual exploitation of children in the countrywhile the protection of children from sexual offences act, 2012 provides for child friendly procedures for reporting, recording of evidence, investigation and trial of offences, the increase in the number as well as the brutality of sexual offences against children requires more stringent punishment against the perpetratorshence this bill annexure the protection of children from sexual offences act, 2012 (32 of 2012)   4 whoever commits penetrative sexual assault shall be punished with imprisonment of either description for a term which shall not be less than seven years but which may extend to imprisonment for life, and shall also be liable to finepunishment for penetrative sexual assault5 (a) whoever, being a police officer, commits penetrative sexual assault on a child—    aggravated penetrative sexual assault(j) whoever commits penetrative sexual assault on a child, which—(i) physically incapacitates the child or causes the child to become mentally ill as defined under clause (l) of section 2 of the mental health act, 1987 or causes impairment of any kind so as to render the child unable to perform regular tasks, temporarily or permanently; or(ii) in the case of female child, makes the child pregnant as a consequence of sexual assault;(iii) inflicts the child with human immunodeficiency virus or any other life threatening disease or infection which may either temporarily or permanently impair the child by rendering him physically incapacitated, mentally ill or mentally unfit to perform regular tasks; or   (t) whoever commits penetrative sexual assault on a child and who has been previously convicted of having committed any offence under this act or any sexual offence punishable under any other law for the time being in force; or    6 whoever, commits aggravated penetrative sexual assault, shall be punished with rigorous imprisonment for a term which shall not be less than ten years but which may extend to imprisonment for life and shall also be liable to finepunishment for aggravated penetrative sexual assault   punishment for sexual assault8 whoever, commits sexual assault, shall be punished with imprisonment of either description for a term which shall not be less than three years but which may extend to five years, and shall also be liable to fine9 (a) whoever, being a police officer, commits sexual assault on a child—aggravated sexual assault   (j) whoever commits penetrative sexual assault on a child, which—(i) physically incapacitates the child or causes the child to become mentally ill as defined under clause (l) of section 2 of the mental health act, 1987 or causes impairment of any kind so as to render the child unable to perform regular tasks, temporarily or permanently; or(ii) inflicts the child with human immunodeficiency virus or any other life threatening disease or infection which may either temporarily or permanently impair the child by rendering him physically incapacitated, mentally ill or mentally unfit to perform regular tasks; or   (l) whoever commits sexual assault on the child more than once or repeatedly; or    10 whoever, commits aggravated sexual assault shall be punished with imprisonment of either description for a term which shall not be less than five years but which may extend to seven years, and shall also be liable to finepunishment for aggravated sexual assault    lok  sabha———— a billfurther to amend the protection of children from sexual offences act, 2012————(shrimati poonam mahajan, mp)gmgipmrnd—29ls(s3)—15-04-2015