What are the enhanced penalties under the 2019 Amendment?

What the Law Says

The Protection of Children from Sexual Offences (Amendment) Act, 2019 significantly strengthened penalties and procedural safeguards under the POCSO Act, 2012.

The 2019 Amendment introduced mandatory minimum sentences for all forms of penetrative and non-penetrative sexual assault against children. It also added new offences such as 'aggravated penetrative sexual assault' and 'use of child for pornographic purposes', each carrying harsher punishments.

For penetrative sexual assault on a child below 12 years, the punishment is rigorous imprisonment for a term not less than 20 years, extendable to life imprisonment or the death penalty in certain cases. The amendment also mandates that trials be completed within 6 months from the date of filing the FIR.

Bail provisions were tightened: for aggravated offences, bail may only be granted after notice to the Public Prosecutor and hearing, and the court must record reasons in writing. Bail applications must be disposed of within 7 days.

Statutory Text

Whoever commits penetrative sexual assault on a child below twelve years of age 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 or with fine or with death.

— POCSO (Amendment) Act, 2019, s. 4(2) — Punishment for penetrative sexual assault

Statutory Text

The Special Court shall complete the trial, as far as possible, within a period of six months from the date of filing of the charge sheet.

— POCSO (Amendment) Act, 2019, s. 28(2) — Time limit for trial

Statutory Text

Every application for bail… shall be disposed of within a period of seven days from the date of filing of such application.

— POCSO (Amendment) Act, 2019, s. 12(2) — Bail application disposal

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