aired He Ue GeR—(TI)o40007/2003—12 REGISTERED NO, DL—(y04/0007/2003—12 R e JR a Usa
The Gazette of Gudia
EXTRAORDINARY
= 1— ae 1 PART I — Sertion | wife 4 watfira PU BL ISHE 'D BY AUTHORITY
34] ai treet, qaTt, | 20, aoa 8690, 1934 (71m) No. 34] NEW! DELHI, WEDNESDAY, JUNE 20, 2012/ JYAISTHA 30, 1934 (SAKA) a wend fea qe deo © eh B Reed fs ay overn cies @ ee can wn WS Separate paging is given to this Part in order that it may be filed as a separate compilation,
MINISTRY OF LAW AND JUSTICE
(Legislative Department) New Delhi, the 20th June, 2012/Jyaistha 30, 1934 (Saka) The following Act of Parliament received the assent of the President on the 19th June, 2012, and is hereby published for general information: —
THE PROTECTION OF CHILDREN FROM SEXUAL OFFENCES
ACT, 2012
[No. 32 oF 2012) [19th June, 2012] An Actto protect children from offences of sexual assault, sexual harassment and pornography and provide for establishment of Special Courts for trial of such offences and for matters connected therewith or incidental thereto, Wuerras clause (3) of article 15 of the Constitution, inter alia, empowers the State to make special provisions for children;
AND WHEREAS, the Government of India has acceded on the 11th December, 1992 to the Convention on the Rights of the Child, adopted by the General Assembly of the United Nations, which has prescribed a set of standards to be followed by all State parties in securing the best interests of the child;
AND WHEREAS it is necessary for the proper development of the child that his or her right to privacy and confidentiality be protected and respected by every person by all means and through all stages of a judicial process involving the child:
ASD WHEREAS it is imperative that the law operates in a manner that the best interest and well being of the child are regarded as being of paramount importance at every stage, to ensure the healthy physical, emotional, intellectual and social development of the child; Anp wrertas the State parties to the Convention on the Rights of the Child are required to undertake all approp jonal, bilateral and multi
(a) the inducement or coercion f a child to engage im any umnlawfol sexual activity,
1
2 THE GAZETTE OF INDIAEXT RAORDINARY [Parr L-
(A) the explorative use of children in Prostitunon or other unlawful sexual pracuces, (cp the explorative use of children in Pornographic Performances and materials; AND WHEREAS Sexual exploitation and sexual abuse of children are heinous crimes and feed to be effectively addressed, Be it enacted by Parliament in the Sixty-third Year of the Republic of India as follows: -
CHAPTER |
PReimmnary
Short tithe, 1. (/) This Act may be called the Protection of Children from Sexual Offences Act, 2012 oes (2) Itextends to the whole of India. except the State of Jammy and Kashmir,
(J) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint Definibons. 2. (/) In this Act, unless the Contest otherwise requires, —
(a) "aggravated penetrative sexual assault" has the same meaning as assigned to it imsection 4;
(4) "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,
(a) "child" means any person below the age of eighteen years;
(e) "domestic relationship" shall have the Same meaning as assigned to it in Clause (/) of section 2 of the Protection of Women from Domestic Violence Act, 2005; rf] "Penetrative sexual assault" has the same meaning as assigned toi in section 3; (g) "prescribed" means Prescribed by rules made under this Act:
(4) "religious institution" shal! have the same Meaning as assigned to it in the Religious Institutions (Prevention of Misuse) Act, 1988;
(i) "sexual assault" has the same Meaning as assigned to it in section 7. (/) "sexual harassment" has the same Meaning as assizned to it in section | 1, (4) "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:
() "Special Court" means a court designated as such under Section 8;
(m) "Special Public Prosecutor" means a Public Prosecutor appointed under section 32,
CHAPTER II
SEXUAL OFFENCES AGAINST CHILDREN
AL PEexetearive SEXUAL ASSALILT ASD PUNISHMENT THF REFOR Penetratve 4. A person is said tw commit "pénctrative sexual assault" if — crn (a) he penetrates his penis, wo any extent, into the vagina, mouth, urethra or anus of a child or makes the child to do $0 with him or any other person: or
(6) be inserts, to any extent, ny object or a part of the body. not being the penis, into the vagina, the urethra of anus of the child or makes the child todo so with him or any other person: or 43 of 2005
4) of |x 48 of 1880 2 of 1974 36 of 2000
21 of 2000
Sec. 1] THE GAZETTE OF INDIA EXTRAORDINARY 3 (¢) he manipulates any part of the body of the child so as to cause penetration into the vagina, urethra, anus or any part of body of the child or makes the child to do so with him or any other person; or
(d) he applies his mouth to the penis, vagina, anus, urethra of the child or makes the child to do so to such person or any other person,
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 te fine.
B.— AGGRAVATED PENETRATIVE SEXUAL ASSAULT AND PUNISHMENT THEREFOR,
5. (a) Whoever, being a police officer, commits penetrative sexual assault ona child —
(4) within the limits of the police station or premises at which he is appointed; or
(a) in the premises of any station house, whether or not situated in the police station, to which he is appointed: or
(iif) in the course of his duties or otherwise: or
(i) where he is known as, or identified as, a police officer; or
(6) whoever being a member of the armed forces or s curity forces commits penetrative sexual assault on a child—
(i) within the limits of the area to which the person is deployed; or
(i) in any areas under the command of the forces or armed forces; or (Hi) in the course of his duties or otherwise; or
(iv) where the said person is known or identified as. a member of the security or armed forces; or
(c) whoever being a public servant commits penetrative sexual assault on a child; or
(a) whoever being on the management or on the staff of a jail, remand home, protection home, observation home, or other place of custody or care and protection established by or under any law for the time being in force, commits penetrative sexual assault on a child, being inmate of such jail, remand home, protection home, observation home, or other place of custody or care and protection; or
(e) whoever being on the Management or staff of a hospital, whether Government or private, commits penetrative sexual assault on a child in that hospital: or (fl whoever being on the management or staff of an educational institution or religious Institution, commits penetrative sexual assault on a child in that institution; or
(g) whoever commits gang penctrative sexual assault on a child, Explanation —When a child is subjected to sexual assault by one or more persons of group in furtherance of their common intention, each of such persons shall be deemed to have committed gang penetrative sexual assault within the meaning of this clause and each of such person shall be liable for that act in the same manner as if it were done by him alone; or
(A) whoever commits penetrative sexual assault on a child using deadly weapons, fire, heated substance or corrosive substance; of
()) whoever commits penctrative sexual assault causing grievous hurt or causing bodily harm and injury or injury to the sexual organs of the child: or Punishment
for
penetrative
sexual avsault
Aggravated
penetrative
Sexual assault
3
Punishment for aggravated penetrative ocaual assault Scumal ascaalt
4 THE GAZETTE OF INDIA EXTRAORDINARY {Paxr l-—
U) whoever commits penetrative sexual assault on a child, which (/) physically incapacitates the child or causes the child to become mentally ill a8 defined under clause (>) 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
(ir) tn the case of female child, makes the child Pregnant as a consequence of sexual assault;
(i) 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; or
(A) whoever, taking advantage of a child's mental or physical disability, commits Penetrative sexual assault on the child; or
() whoever commits penetrative sexual assault on the child more than once or repeated!y: or
(m) whoever commits penetrative sexual assault on a child below twelve years; oF
(n) whoever being a relative of the child through blood or adoption of marriage or guardianship or in foster care or having a domestic relationship with a parent of the child or who is living in the same or shared household with the child, commits Penetrative sexual assault on such child; or
(0) whoever being, in the ownership, or management, or staff, of any institution Providing services to the child, commits penetrative sexual assault on the child; or
(p) whoever being in a position of trust or authority of a child commits penetrative sexual assault on the child in an institution or home of the child or anywhere else; or
(q) whoever commits penetrative sexual assault on a child knowing the child is Pregnant, or
(r} whoever commits penctrative sexual assault ona child and attempts to murder the child: or
(s) whoever commits penctrative sexual assault ona child in the course of communal or sectarian violence: or
(1) whoever commits penetrative sexual assault on achild and who has been previously convicted of having commited any offence under this Act or any sexual offence punishable under any other law for the time being in force; or
(u) whoever commits penctrative sexual assault on a child and makes the child to strip or parade naked in public,
is said to commit aggravated penetrative sexual assault,
6. Whoever, commits aggravated penetrative sexual assault, shall be punished with rigorous imprisonment for aterm which shall not be less than ten years but which may extend to imprisonment for life and shall also be liable to fine (C~-SOMUAL ASSAULT AND PUNISHMENT THEREHOR
7, Whoever, with sexual intent touches the vagina, penis, anus or breast of the child or makes the child touch the vagina, penis, anus or breast of such person or any other Person, of does any other act with sexual intent which involves physical contact without Penetration is said to commit sexual assault, M4 of 1987
16
06
61
18
06
GI
4 of L587 & Whoever, commits sexual assault, shall be punished with imprisonment of ether description for aterm which shall not be less than three years but which may extend to five years, and shall aiso be liable te fine
D.-— AGGRAVATED SEXUAL ASSALIL' AND PUNISHMENT THERFHGR
4, (a) Whoever, being a police officer, commits sexual assault on a child—
(i) within the limits of the police station or premises where he is appointed, of
(ii) in the premises of any station house whether or not situated in the police station to which he is appointed, or
Lil) in the course of his duties or otherwise; or
(iv) where he is known as, or identified as a police officer; or
(b) whoever, being a member of the armed forces or security forces, commits sexual assault on a child—
(i) within the limits of the area to which the person is deployed: or
(ii) in any areas under the command of the security or armed forces, or
(iii) in the course of his duties or otherwise, or
(A) where he is known oF identified as a member of the security or armed forces; or
(c) whoever being a public servant commits sexual assault on a child, or (@) whoever being on the management or on the staff of a jail, or remand home or protection home or observation home, or other place of custody or care and protection established by or under any law for the time being in force commits sexual assault on a child being inmate of such jail or remand home or protection home or observation home or other place of custody or care and protection, or
(e) whoever being on the management or staff of a hospital, whether Government or private, commits sexual assault on a child in that hospital; or
(f) whoever being on the of staff of an educational institution or reli institution, commits sexual assault on a child in that institution, or
(g) whoever commits gang sexual assault on a child. Explanation —when a child is subjected to sexual assault by ane or more persons of a group in furtherance of their commo intention, each of such persons shall be deemed to have committed gang sexual assault within the meaning cof this clause and each of such person shall be liable for that act in the same manner as if it were done by him alone, or
(4) whoever commits sexual assault on a child using deadly weapons, fire, hea ted
substance or corrosive substance, or
(0) Whoever commits sexual assault causing grievous hurt or causing bodily harm and injury o¢ injury to the sexual organs of the child, or
(/) whoever commits sexual assaull ona child, which—
(i) physically incapacitates the child ur causes the child to become mentally ill as defined under clause (/) of section 2 of the Mental Health Act, 1987 of causes impairment of any kind so as to render the child unable to perform regular tasks, temporarily or permanently; oF
(ii) inflicts the child with Human immunodeficiency Virus of any other life
threatening disease or infection which may cither temporarily or permanently impair the child by rendering him physically incapacitated, or mentally ill to perform regular tasks, oF
Yursskment for
scweal evcault,
Aggravated
sevual assault
Puntshmest for aggravated venual assault Sexual
harassment Punishment ton sexual harassment Lise of child for pornographic purposes
() whoever, taking advantage of 4 child's mental or phwsteal disability, commits sexual assault on the child. or
(} whoever commits sexual assault on the child more than once or repeatedly: or
(m) whoever commits sexual assault ona child below twelve years, or
(n) whoever, being a relative of the child through blood of adoption or mamage or ip or in foster care, or having, domestic relationship with a parent of the child, or
who is living in the same ar shared household woth the child, commits sexual assault o such chikh or (o} whoever, being in the ownership of management or sta'T, of any institution providing services to the child, commits sexual assault on the child in such instiuuen, or
(p) whoever, being 1 a position cof trust or authority ofa child, commits sexual assault on the child in an institution or home of the child or anywhere else, or
(q) whoever commits sexual assault on a child knowing the child ts preynant: or
(r) whoever commits sexual assault ona child and attempts to murder the child; or
(8) whoever commits sexual assault ona child in the course of communal or sectarian violance; or
(rj whoever comiits 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
(u) whoever commits sexual assault. on a child and makes the child to strep or parade naked in public,
is said to commit aggravated sexual assault.
10. Whoever, commits aggravated sexual assault shall be punished with imprisonment of either description for a term which shall not be bess than five years but which may extend to seven years, and shal! also be liable to fine
E. —SExUAL HARASSMENT ANT PUNISHMENT THEREFOR
11..A person is said to commit sexual harassment upon achild when such person with sexual intent,—
(i) utters any word or makes any sound, or makes any gesture or exhibits any object or part of body with the intention that such word or sound shall be heard, or such gesture or object or part of body shall be seen by the child: or
(i) makes a child exhibit his body or any part of his body so as il is seen by such person or any other person, or
(2) shows any object to a child in any form or media for pornographic purposes. or
(iv) repeatedly or constantly follows or warches or comtacts a child ether directly or through electronic, digital or any other means; of
(vi) threatens to use, in any form of media, areal or fabricated depiction through electronic, film or digital or any other mode, of any part of the body of the child or the involvement of the child in a sexual act, or
(vi) entices a child for pornographic purposes or gives gratification therefor. Explanation —Any question which involves "sexual intent" shall be a question of fact.
12. Whoever, commits sexual harassment upon a child shall be punished with imprisonment of either description for aterm which may extend to three years and shall also be liable to fine.
CHAFTERIU
Usenci CHILD FOR PORMOOKAPHIC PURPOSES ANID PUNISHMENT
THERE ROH
13. Whoever, uses a child in any form of media (including programme or advertisement telecast by television channels or internet or any other electronic form or printed form, whether or nol such programme or adverusement is intended for personal use or for distribution), for the purposes of sexual gratification, which includes (ua) representation sexual organs of a child;
(A) usage of a child engaged in real or simulated sexual acts (wit penctralion).
tc) the indecent or obscene representation of a child shell be euilty of the offence of este a chi for poemogranhic p or without
6
iSAzET TEOF INDIAE. ATRAGRD) ' Explanation —For the purposes of this. section, ihe expression "use a child" shall include involving achild through any medium Ti like print, electronic, 'computer or any other technology for prep offering, ig. publishing. fa jon and
distribution of the pornographic material,
14, (/) Whoever, uses a child or children for pornographic purposes shall be punished with imprisonment of either description which may extend to five years and shall a liable to fine and in the event of second or sub with i
either descnption for « term which may extend to seven years and also be liable to fine,
(2) If the person using the child for pornographic purposes commits an offence referred to in section 3, by directly participating in pomographic acts, he shall be punished with imprisonment of either description for a term which shall not be less than ten years but which may extend to imprisonment f r life, and shall also be liable to fine.
(3) Ifthe person using the child for pornographic purposes commits an offence referred to in section 5, by directly participating in pormographic acts, he shall be punished with figorous imprisonment for life and shall also be liable to fine.
(4) Ifthe person using the child for pomographic purposes commits an offence referred tu in section 7, by directly participating in pornographic acts, he shall be punished with imprisonment of either description for a term which shall not be less than six years but which may extend to eight years, and shall also be liable to fine.
(5) Ifthe person using the child for pomographic purposes commits an offence referred to in section 9, by tarecer paricictilan ta parapet meta he shall be punished with imprisonment of cither description for a term which shall not be less than eight years but which may extend to ten years, and shall alzo be liable to fine.
18. Any person. who stores, for i any p i¢ material in any form involving a child shall be punished with imprisonment muedion which may extend to three years or with fine or with both.
CHAPTER IV
ABETMENT OF AND ATTEMPT TO COMMIT AN OFFENCE
16. A person abets an offence, who— Firss.—. Instigates any person to do that offence; or Secondiy.— Engages with more other pe: persons in any for the doing of that offence, if an act or illegal omission takes place in pursuance of that conspiracy, and in order to the doing of that offence; or Thirdly. —Intentionally aids, by any act or illegal omission, the doing of that offence.
Explanation |.— A person who, by wilful misrepresentation, or by wilful concealment of a material fact, which he is bound to disclose, voluntarily causes or procures, or attempts to cause or procure a thing to be done, is said to instigate the doing of that offence. Explanation Il. —Whoever, either prior to or atthe time of commission of an act, does anything in order to facilitate the act, thereby
thereof, is said to aid the doing of that act.
Explanation II! Whoever employ, harbours, receives or transports a child, by means of threat or use of force or other forms of coercion, abduction, fraud, deception, abuse of power or of a position, vulnerability or he giving or receiving of payments or benefits to achieve the consent of a person having control over another person, for the purpose of any offence under this Act, is said to aid the doing of that act.
17. Whoever abets any offence under this Act, if the act abetted is committed in of the ab . Shall be punished with punish provided for that offence. Explanation _Anacr fence a be commited in consequne of ahem, when it 1s in of the instig or inp of the
with the aid, which constitutes the abetment
18. Whoever attempts to commit any offence punishable under this Act or to cause such an otfence to be committed, and in such attempt, does any act towards the commission of the offence, shall be punished with imprisonment of any description provided for the Punvibiment fer
using child fur
purposes,
for storage of
Pornographic
material
involving
ehild
Abeiment of
an offence
Puonhment for
abeument
Punshment
for aitempt to
commit an
offence
7
Reporting, offences 'Obligation of media studic and
Photographic facilitees to fepart cases, Punshment
for failure to repel oF
record a cae Punishment for false
coraplaint of false
information
PACE TTEOF INDIA ENT RAORDINAKY
offence, for a term which may extend to eng-half of the amprasonment for life or, as the case may be, one-half of she longest term of imprisanmen provided for that offence or with fine or swith both,
CHAPTER V
PROCEDURE FOR REAURTING OF CASES
19. (/) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 any person (including the child), who has apprehension that an offence under this Act is likely to be committed or has knowledge that such an offence hes been committed, he sha! provide such information to,
(a) the Special Juvenile Police Unit, or
(A) the local police
(2) Every report given under sub-section (/) shall be- tu) ascribed an entry number and recorded in writing:
(+) be read over to the informant:
{c) shal! be entered in a book to be kept by the Police Unit
(4) Where the report under sub-section (7) is given by a child, the same shall be recorded under sub-section (2) in a simple language so that the child understands contents being recorded.
(4) In case contents are being recorded in the language not understood by the child or wherever it is deemed necessary, a translator or an interpreter, having such qualifications, experience and on payment of such fees.as may be prescribed, shal) be provided to the child if he fails to understand the same.
(3) Where the Special Juvenile Police Unit or Incal Police ts satisfied that the child agamst whom an offence has been committed is in need of care and Protection, then, it shall, after recording the reasons in Writing, make immediate arrangement in give him such care and protection (including admitting the child into shelter home or to the nearest hospital) within twenty-four hours of the report, as may be prescribed,
(6) The Speciai Juvenile Police Unit or local police shall, without unnecessary delay but within a period of twenty-four hours, report the mater to the Child Welfare Committee and the Special Court or where no Special Court has been designated, to the Court of Session, including need of the child for care and Protection and steps laken in this regard (7)'No person shall incur any liability, whether civil or criminal, for giving the information in good faith for the purpose of sub-section wy
20, Any personnel of the media or hotel of lodge or hospital or club or studio or Photographic facilities, by whatever name calied, irrespective of the number of Persons employed therein, shall, on coming acToss any Material or object which is sexually exploitative of the child (including pornographic, sexually-related or making obscene representation ofa child or children) through the use of any medium, shall Provide such information to the Special Juvenile Police Unit, or to the local Police, as the case may be
21. (/) Any person, who fails to Feport the commission of an offence under sub- section (/) of section 19 or section 20 or who fails to record such offence under sub-section (2) of section 19 shall be punished with imprisonment of either description which may extend to six months or with fine or with both
(2) Any person, being ii-charge of any company or an institution (by whatever name called) who fails to report the commission of an offence under sub-section ( !) of section 19 in respect of a subordinate under his control, shall be punished with imprisonment for a term which may extend to one year and with fine.
(3) The provisions of sub-section (J) shall not apply to a child under this Act. 22.17) Any person, who makes false complaint of provides talse information against any person, im respect of an offence committed under sections 3, 5, 7 and section 9, solely with the intention lo humiliate, extort or threaten oF defame him, shatl be punished with imprisonment for aterm which may extend to six months or with fine or with bowh (2) Where a false complaint has been made or false informanion has been provided by a child, no punishment shall be imposed on such child
(7) Whoever, not being ac makes a false Complaint of provides false information Ogainst a child, knowing it to be fake thereby wictimising such child in any of the offences. under this Act, shal! be punished with Inprsanment which may extes vane wear or with
8
2of 1974 Sec. I] THE GAZETTE OF INDIA EXTRAORDINARY 9 —<——S—SS SS —S—S—S—SS—S—ESSEE 23.(/) No person shall make any report or presenl comments ca any child fom aa, form of media or studio or photographic facilities without having complete and authentic information, which may have the effect of lowering his reputation or infringing upon his Privacy.
(2) No reports in any media shall disclose, the identity of a child including his name, address, photograph, family details, school, neighbourhood or any other particulars which may lead to disclosure of identity of the child:
Provided that for reasons to be recorded in writing, the Special Court, competent to try the case under the Act, may permit such disclosure, if in its opinion such disclosure is in the interest of the child.
(3) The publisher or owner of the media or studio or Photographic facilities shall be jointly and severally liable for the acts and omissions of his employee.
(4) Any person who contravenes the provisions of sub-section (C) of sub-section (2) shall be liable to be punished with imprisonment of either description for a period which shall not be less than six months but which may extend to one year or with fine or with both.
CHAPTER VI
PROCEDURES FOR RECORDING STATEMENT OF THE CHILE
24. (/) The statement of the child shall be recorded at the residence of the child or ata place where he usually resides or atthe place of his choice and as far as practicable by « woman police officer not below the rank of sub-inspector,
(2) The police officer While recording the statement of the child shall not be in uniform.
(3) The police officer making the investigation, shall, while examining the child, ensure that al no point of time the child come in the contact in any way with the accused.
(4) No child shall be detained in the police station in the night for any reason.
(5) The police officer shall ensure that the identity of the child is protected from the public media, unless otherwise directed by the Special Court in the interest of the child.
25. (J) Ifthe statement of the child is being recorded under section 164 of the Code of Criminal Procedure, 1973 (herein referred to as the Code), the Magistrate recording such Statement shall, notwithstanding anything contained therein, record the statement as Spoken by the child:
Provided that the provisions contained in the first proviso to sub-section (/) of section 164 of the Code shall, so far it permits the presence of the advocate of the accused shall not apply in this case.
(2) The Magistrate shall provide to the child and his parents or his representative, a copy of the document specified under section 207 of the Code, upon the final report being filed by the police under section 173 of that Code,
26. C) The Magistrate or the police officer, as the case may be, shall reeord the Statement as spoken by the child in the presence of the parents of the child or any other Person in whom the child has trust or confidence.
(2) Wherever necessary, the Magistrate or the police officer, as the case may be, may lake the assistance of a translator or an interpreter, having Such qualifications, experience and on payment of such fees as may be prescribed, while recording the statement of the child
(3) The Magistrate ot the police officer, as the case may be, may, in the case of a child having a mental or physical disability, seek the assistance of a Special educator or any Person familiar with the manner of communication of the child or an expert in that ficla having such qualifications, experience and on Payment of such fees as may be Prescribed, to record the statement of the child,
(4) Wherever possible, the Magistrate or the police officer, as the case may be, shall ensure thal the statement of the child is also recorded by audio-video electronic means, media
Recording of
Statement of a
ehild,
Recording of
Statement of a
child by
Magistrate
Additional
Provisions
are
Satement [0
be recoded,
9
Medical examination of a child Designation of Specaal Courts
Presumption as to certain offences
Presumption Application of Code of
'Cnminal
Procedure, 1973 to
Proceedings before a
Special Court.
10 THE GAZETTE OF INDIA EXTRAORDINARY __ [Past
27. (/) The medical examination of a child in respect of whom any offence has been committed under this Act, shall, notwithstanding that a First Information Report or complaint has not been registered for the offences under this Act, be conducted in accordance with section 164A of the Code of Cruminal Procedure, 1973
(2) In case the victim is a girl child, the medical examination shall be conducted by a woman doctor
(3) The medical examination shall be conducted in the presence of the parent of the child or any other person in whom the child reposes trust or confidence
(4) Where, in case the parent of the child or other person referred to in sub-section (3) cannot be present, for any reason, during the medical examination of the child, the medical examination shall be conducted in the presence of a woman nominated by the head of the medical institution.
(CHAPTER VII
Srecia Counts
28. (/) For the purposes of providing a speedy trial, the State Government shall in consultation with the Chief Justice of the High Coun, by notification in the Official Gazette, designate foreach district, a Courtof Session to be a Special Court to try the offences under the Act:
Provided that if a Court of Session is notified as a children's court under the Commissions for Protection of Child Rights Act, 2005 or a Special Court designated for similar purpases under any other law for the time being in force. then, such court shall be deemed to be a Special Court under this section.
(2) While trying an offence under this Act, a Special Court shall also try an offence [other than the offence referred to in sub-section (/)], with which the accused may, under the Code of Criminal Procedure, 1973, be charged at the same trial.
(3) The Special Court constituted under this Act, notwithstanding anything in the Information Technology Act, 2000, shall have jurisdiction to try offences under section 67B of thal Act in so far as it relates to publication or transmission of sexually explicit material depicting children in any act, or conduct or manner or facilitates abuse of children online. 29, Where a person 6 p d for ing of abetting or arent arty offence
under sectons 3, 5, 7 and secpon 9 of this Act the Speckd Coun shall presume, that such person has. 'committed or abetted of attempted to commit the offieee, as the case may be unless the contrary is proved.
30. (/) In any prosecution for any offence under this Act which requires a culpable mental state on the part of the accused, the Special Court shall presume the existence of such mental state but it shall be a defence for the accused to prove the fact that he had no such mental stale with respect to the act charged as an offence in that prosecution.
(2) For the purposes of this section, a fact is said to be proved only when the Special 'Court believes it to exist beyond reasonable doubt and not merely when its existence 1s established by a preponderance of probability.
Explanation —1n this section, "culpable mental state includes intention, motive, knowledge of a fact and the belief in, or reason to believe, a fact. Ji. Save as otherwise provided in this Act, the provisions of the Code of Criminal Procedure, 1973 (including the provisions.as to bail and bonds) shall apply w the proceedings before a Special Court and for the purposes of the said provisions, the Special Court shall be deemed to be a Court of Sessions and the person conducting a prosecution before a Special Court, shall be deemed to be a Public Prosecutor.
lof 1974
4 of 2006.
2 of 1974
2 of 2000
2 of 1974
lof 1974 2 of 1974, 36 of 2000. 32, (/) The State Government shall, by notification in the Official Gazette, appoint a Special Public Prosecutor for every Special Court for conducting cases only under the provisions of this Act.
(2) Aperson shall be eligible to be appointed as a Special Public Prosecutor under sub- section (/) only if he had been in practice for not less than seven years as an advocate.
(J) Every person appointed as a Special Public Prosecutor under this section shall be deemed to be a Public Prosecutor within the meaning of clause (w) of section 20f the Code of Criminal Procedure , 1973 and provision of that Code shall have effect accordingly.
CHAPTER VIII
PROCEDURE AND POWERS OF SPECIAL COURTS AND RECORDING OF EVIDENCE
33. (/) ASpecial Court may take cognizance of any offence, without the accused being committed to it for trial, upon receiving a complaint of facts which constitute such offence, or upon a police report of such facts.
(2) The Special Public Prosecutor, or as the case may be, the counsel appearing for the accused shall, while recording the ¢xaminat on-in-chief, cross-examination or re-exam nation ofthe child, communicate the questions to be put to the child to the Special Court which shall in turn put those questions to the child.
(3) The Special Court may, if it considers necessary, permit frequent breaks for the child during the trial.
(4) The Special Court shall create a child-friendly atmosphere by allowing a family member, a guardian, a friend or a relative, in whom the child has trust or confidence, to be present in the court.
court.
(6) The Special Court shall not permit aggressive questioning or character assassination of the child and ensure that dignity of the child is maintained at all limes during the trial.
(7) The Special Court shall ensure that the identity of the child is not disclosed at any time during the course of investigation or trial:
Provided that for reasons to be recorded in writing, the Special Court may permit such disclosure, if in its opinion such disclosure is in the interest of the child. Explanation.—For the purposes of this sub-section, the identity of the child shall include the identity of the child's family, school, relatives, neighbourhood or any other information by which the identity of the child may be revealed.
(8) In appropriate cases, the Special Court may, in addition to the punishment, direct payment of such compensation as may be prescribed to the child for any physical or mental trauma caused tohim or for immediate rehabilitation of such child,
(9) Subject to the provisions of this Act, a Special Court shall, for the purpose of the trial of any offence under this Act, have all ihe powers of a Court of Session and shall try such offence as if it were a Court of Session, and as far as may be, in accordance with the procedure specified in the Code of Criminal Procedure, 1973 for trial before a Courl of Session.
34. (1) Where any offence under this Act is committed by a child, such child shall be dealt with under the provisions of the Juvenile Justice (Care and Protection of Children) Act, 2000,
(2) Ifany question arises in any proceeding before the Special Court whether a person isachild or not, such question shall be determined by the Special Court after satisfying itself about the age of such person and it shall record in writing its reasons for such determination. Spies Pabhe
Prosecutors
Procedure and
powers of
Special Court
(5) The Special Court shall ensure that the child is not called repeatedly to testify in the Procedure in
ease of
commission of
offence by
child and
determination
of age by
Special Court
11
Periad for recording of evidence of ohald ard disposal of case
Child not to sec accused at the time of testifying. Trials to be conducted in camera
Assistance of an interpreter OF expert
while
recoding
evidence of ehild
Guidelines for child to take assistance of experts, etc. Raght of child to lake
assistance of practitioner Provisions of seonons 3 uo 13 od to pep un. certain canes, Alternative puntshment
THE GAZETTE OF INDIA EXTRAORDINARY
: [Paxt i
(3) No order made by the Special Court shall be de emed io be invaid merely by any
subsequent proof that the age Of a person as determined by it under sub-section (2) was not
the correct age of that person
34, (/) The evidence of the child shall be recorded w ithin a period of thirty days of the
Special Court taking cognizance ofthe offence and reasons for delay, if any, shall be recorded
by the Special Court
(2) The Special Court shall complete the trial, as far as poss ible, within a period of one
year from the date of taking cognizance of the offence.
36. (J) The Special Court shall ensure that the child is not exposed in an y way to the
accused at the time of recarding of the evidence, while at the same time ensuring that the
accused is in a position to hear the statement of the child and commu nicate with his advocate
(2) For the purposes of sub-section (J). the Special Co urt may record the statement of
a child through video conferencing or by utilising single visibility m irrors of curtains or any
other device.
37, The Special Court shall try cases in camera and in the presence of the parents of
the child or any other person in whom the child has trust or confidence:
Provided that where the Special Court is of the opinion that the child needs to b e
examined at a place other than the court, it shall proceed to issue a commission in acco rdance
with the provisions of section 284 of the Code of Criminal Procedure, 1973 MR (/) Wherever necessary, the Court may take the assistance of a translator or interpreter having such qualifications, experience and on payment of such fees as may be prescribed, while recording the evidence of the child.
(2) fa child has a mental or physical disability, the Special Court may take the assistance ofa special educator or any person familiar with the manner of communication of the child or an expert in that field, having such qualifications, experience and on payment of such fees as may be prescribed to record the evidence of the child.
(CHAPTER IX
MISCELLANEOUS
39. Subject to such rules as may be made im this behalf, the State Government shall prepare guidelines for use of nom-g | organisations, prof Is and experts or persons having knowledge of psychology, social work, physical health, mental health and child development to be associated with the pre-trial and trial stage to assist the child
40. Subject to the proviso to section 301 of the Code of Cruminal Procedure, 1973 the family or the guardian of the child shall be entitled to the assistance of a legal counsel of their
choice for any offence under this Act
Provided that if the family or the guardian of the child are unable to afford a legal counsel, the Legal Services Authority shall provide a lawyer to them
41. The provisions of sections 3 to 13 (both inclusive) shall not apply in case of medical or medical ofa child wh h medical ion of medical
treatment is undertaken with the consent of his parents or guardian.
42. Where an act or omission constitute an offence punishable under this Act and also under any other law for the time being in force, then, notwithstanding anything contained in any law for the time being in force, the offender found guilty of such offence shall be liable to punishment only under such law or this Act as provides for punishment which is greater in degree
lof 19%
lof 1974
12
dof 26. 'of 2006
43. The Central Government and every State Goverament, shail take all measures to ensure that-—
(a) the provisions of this Act are given wide publicity through media including the television, radio and the print media at regular intervals to make the g neral pubiic, children as well aa their parents and guardians aware of the provisions of this Act;
(b) che officers of the Central Government and the State Governments and other concerned persons (inchiding the police officers) are imparted periodic training on the matters relating to the implementation of the provisions of the Act 44, (/) The National Commission for Protection of Child Rights constituted under section 3, or as the case may be, 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 them under that Act, also monitor the implementation of the provisions of this Act in such manner as may be prescribed.
(2) The National Commission or, as the case may be, the Stare Commission, referred to in sub-section (/), shall, while inquiring into any matter relating to any offence under this Act, have the same powers as are vested in it under the Commissions for Protection of Child Rights Act, 2005,
(3) The National Commission or, as the case may be, the State Commission, referred to in sub-section (/), shall, also include, its activities under this section, in the annual report referred to in section 16 of the Commissions for Protection of Child Rights Act, 2005.
45. (/) 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 'Of 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;
(5) 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 (4) of section 33; (@) the manner of periodic monitoring of the provisions of the Act under sub-section (/) of section 44.
(3) Every rule made under this section shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the sessi the sessions af both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of oo effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.
46. (/) Ifany difficulty arises in giving effect vo the provisions of this Act, the Central Government may, by order published in the Official Gazette, make such provisions not inconsistent with the provisions of this Act as may appear to it to be necessary or expedient for removal of the difficulty:
Provided that no order shall be made under this section after the expiry of the period of two years from the commencement of this Act.
(2) Every order made under this section shall be laid, as soon as may be after it is made, before cach House of Parliament.
Prublec
wwarenets
about Act
Monitoring of
implementation
of Act.
Power to make
rules.
Power to
remove
difficulties
13
-TTE OF INDIAEXTRAORDINARY {Paget
THE SCHEDULE
[See section 2(-)}
ARMED FORCES AND SECURITY FORCES CONSTITUTED GADEH
(a) The Air Force Act, 195045 of 1950);
(6) The Army Act, 1950 (46 of 1950),
(c) The Assam Rifles Agi, 2006 (47 of 2006),
(d) The Bombay Home Guard Act, 1947 (3 of 1947); (ec) The Border Security Force Act, 1968 (47 of 1968);
(9) The Central Industrial Security Force Act, 1968 (50 of 1968); ig) The Central Reserve Police Force Act, 1949 (66 of 1949),
(h) The Coast Guard Act, 1978 (30 of 1978),
(i) The Dethi Special Police Establishment Act, 1946 (25 of 1946); (/) The Indo-Tibetan Border Police Force Act, 1992 (35 of 1992):
(4) The Navy Act, 1957 (62 of 1957); (9 The National Investigation Agency Act, 2008 (34 of 2008); (on) The National Security Guard Act,1986 (47 of 1986), (») The Railway Protection Force Act, 1957 (23 of 1957),
(o) The Sashastra Seema Hal Act, 2007(53 of 2007); {e) The Special Protection Group Act, 1988 (34 of 1988);
(q) The Territorial Army Act, | 45 (56 of 1948),
(r) The State police forces (including armed constabulary) constituted under the State laws to aid the civil powers of the State and empowered to employ force during internal disturbances or otherwise including armed forces as defined in clause (a) of section ? of the Armed Forces (Special Powers) Act, 1958 (28 of 1958).
VK. BHASIN,
Secretary to the Gavt of India PNT ED BY DIRECTORATE OF PRINTING AT GOVE NT OF IND PRESS. Mt PUSUISHETS BY THE CONTROLLER OF PUBLICATIONS, DeIu S91) (GMGIPMRND-- 1606! (S4--20.08.2017
14
ATT 1H] MPG ST Tata STAT fre staat @ areal HT AAT afarraa, 2012
(2012 @ afabran dere 32)
[19 34, 2012]
Sire wren, Altes sels ath aretha fea arrrel B arersl dem wea ah ta arn eH fra et & fer,
forte =e at aT TET ST We AT
aryifies Perit F fery e
wet & fore
aif
wifes B ares 15 Hr ais (3), aT are Bare wT aw arr! fore Festa aun ae a fore area erat #:
apes we wt eran gre silted areal & afar A daflra exfwasa «A, a vareres eter fal et aehtaet eA Se Pere ee Hs TeTTET Be Far ae eT TI El ffea aren &, arer qeare a arth 11 fees, 1992 FT aiitaye fara 8;
15
afta mm, Perea aor
MIG 1 Uetqa spararey [art 2 arene & afea Reena & feu 4e arava t fir ate cafe gre seat fren ait Treen & afiean a i were a een area et sivdifera aed arel =nhe vie ae wail ane a defer aie aenPea fare ome;
ag afrard ¢ f fate tl tifa yafda 2) fe area & orem endifer, saree, tithes ait annie fara at Ofsiead Ber S fea vette yar ae arene a waif fea ai eran a aaah aga FS es eae fee are;
arene > after 4 dafha afer $ ces veil 8 Prafetas a1 Praret ah a fare ait aaa wets, feveita an ayaa sory ae araita t— Cm) fret fathers cine farina 4 era & fare fare ares = aedfta a WS HT;
(@) Sergfa 7 ara fatitieg aie ere areal a gion api el:
(7) sryeiter nfafaftret oft arafted 4 arerai an vireorerer seit aon; wena fins sir ait cine geqdin weary args & aie aq ye ware eq aartant ae at sere t1
Te Tes = fread ert 4 ae gra Preafatad 9 4 ae afairsfina es aera 1
wire
1..(1) ye afatrra ar diene am afte arco 8 areal ar tie afyfran,
2012 81
(2) saa fren ayant os & fea gel art ee
(3) Fe se ante wr wage thn at Sete crear, Targa A arfeepeen gro, fers wT 2.1) 98 afte 4, aa ae fe ded @ sere aroftea a zh,
G&) "ppc ites ren" ar eet ate tat ora 5 HB;
Ca) Sp aire een" war ae ard Bl ara 9 He,
Cd ewer ae agen ae" a da eared ger oT ata A aentaPieee Heel set a Gfera arat safe F;
(a) arenas 2 thar até cafe arfirtra ¢ forest org orarar ad HA Ca) ate sider" ar ae are enh ag] fier B Alken eee alas, 2005 et are 2H ave (a) He;
(ay weer after erren'! ar aret aref 8 st pt 3 FB;
(a) fate ara afar & aries aero ne fendi rey Perfign sifinera (ary 'enfiles diem! ar ae apt ter ay enfifes tie (ger Frere) thts, isse 4 @, "
(a) afte wren rad aed Bt or 7 8;
(3) afine aediea" an wet ard #9 eT 1B; |
|
i <== |
i
|
18
19
20
20
2005 143
1988 4
16
(bebe siya bits pote (3p ny
'iG hig ak Vibe nye bl ite '® DIL Pjke 2 ieIed ky ah yelbali Leb tem Ba (1)
"th dete nil py abe isp Lab 13) F de wae aut dip ys (ER) $3 Whee Yad ib Libs
"\B Be (tb bie febiie te 2 PIE fp hash he Yalsbly te BAY "Bie |e (AT) Ub 'Utabeke Up fa basebe Ye Ytpolaue jhie (1)
th.' Ble (sb Bbffoby
ebee fatole §Ble eZ Disepiobe fa fs SJE Re QU fp peed ae belle Ueey (1) rl $007 bo fl (pe pyfaky bn Hn i ge tet gt ated Wa ite ella EUR. (!) Wh sbidlte Yeh) "DE BIR piebtyfte RIAA "Flue Un (ue) "s eb hid) qeibp Ye MD bbs bikpk Wali"
(MID els Us Be klisl bye bedi
lsh) PJD 'Yfecble |B fob she lieth bitte Yi Boup) eld De [ep 4 B fab pie nybte Wbbblo) 'ke AUDI sb Bills |b} B fp Yelp Mp 'Hebe IHD sty LURK Bek lle"
(2 iliebee Uh Ge etd Babe oe Biedbee. bebe [pte
Ie Bipot WUlatd OF Ube dh faltele Fe Ue oT 'hfe "L2] ge bbe (is) te #Q woiedse 1p BUR de Pipe belt |p)
Me balk. pS Sb Ub bbb Db AK fe Ll dd DU Ue IST: Ue alas "Ll Dll De RABE IDhe> LK fjHe I) led Lt [4p] db PA de Sela (le) te $2, Wibedee Usp
Ie Diplo tack Bede} Ube abs bbe Eb bbe be 2 wSIATR be MoE dhe full "ete be Ho tn: ho} Qe La 'hb Lats 2 RR de pl te Bb en) (>)
dhe 3 ae Ue bee ge ipo abe ee fp Bee eke Ue 2 Ubu La
te tle te Jolin "BAS "elie [se eb ie Yee) Seb Uta by Yee) "Lea) Uehte (sb) — Bi afl "Bn tee Se "BADR, DHA olf LARD, "DEaphen ae °€ 2p hi be dle abe sbi bikes
KDhie sblJd Bab) wb [bib
Z hlbale
If be B86
1B thik bte
ie [OWE Dee Ye YD ple |e "2 Bhjlkdyh fe OO0Z 'hhidnpe eiyts eh ae rem pee 0007 'bbijmyle Cloke Me BED feb [LHle) flle: Mbsh} 'ELET 'WAYP tYyK SP Zs vest 'WAY Sb bibl Bese] 2 Jil: Bhi Me "BEB fbb ye "yh fob nile bole be CZ) Shih 098 LQ Eble seletbte Flue DEBE | ble se Ze Dis shia jie sbll> hip}, (S) '2 Bape
bbl: fue Dalle fs bet BP kiko sb BZ Dike kL ,,febdlbelies bite}, (2) {Bb > dha telat Usb) th 2 D2 |p Pupil Tay tall de bbe
'Biybe BhJvile B RDA Bie 2 Dkijle [adsh urn be ,, eral ue, (2)
681
Joby Kebbel 14a With,
17
190
AGT hl Tas STAT (Gi) weil aaa eel ae apa oh satis fret ara A, a Gi) eR ated & arpra A aT ern, aT
(iv) Sel ga Safa, Geen a ages ell ah ager Rea Th ara eh an sere qeaia al ad A,
waar Gen ete eT eT
CD si etd che Bam ot ae, feat area ye wae Afra ere arta 8;
(4) Sa Pret ae, vite ye, cer qe, den ye on aes vee Fevatt Pert an a sae ania anita ativan a terte sit deen fiedt ses ea ee way aI aahnfds 18 are, viedo ye, cero ye an safrea a Serta othe ery aH ory Gat Ie Te feet arene ve Sie ese HEA; aT
(3) hang, frat sree, are weard ar agate A wr ele aT fee Et gE 3a arena 4 feet area 9¢ yaaa Afi gare area a
(a) of we, fare teres der ar enftie cen ar gay ar aeteafige Ba yo sa den a fire area 1 Weert Aline PTeT BUT t; A
(a) stat, fd ares oe angfgas wae tee ere Fem tI adem — sei fet aren ot, Ped yg Se oT fine eae aro sre a aa Bh ae wel H Afies woe fare en ae 1A wets eats Bre ga as w arabia angfee waar ater een fire on THT SET ait ten sete wales ae Aer es fore Aah fad eet ten art ae set gr arta Rear va en; a
(at) ah erg, faved aver Ye aR ary, armarqu, ad yerel on Geren serel pT yan a Eee Sire ere eM;
(a) Se fara sree Fe soefa sift ees EU elt eS Era aie af ara Be, a seehoett Serta aay ah Baa BER Shay errr Bae 8; aT
(a) ot at, Prd arene We wae Sires wren He F fara,
(i) were aries eo 8 are Gann ¢ an sere afew atures, 1987 ai wa 2 Gs Ca) & aris zearaheulta wae aH aia srr? a feel wer ar ten we afte sent frat ares areal ar vardt oo 8 Prats ari ae A spies Bh ara 8; a
(i) ieee Ft ean 4, ae Ghee FAA S yfeomreres, asia et ort B;
(i) arerk, ae ieee fey an feel a ar gee a aT dar A owed tore tt aera wl eitfee wa a orairy, a rafts Bri wel A arian ey 8 serge seared an eae ea a re ae eT; AT
(2) aa, arere eT orate athe eriifer area aT cy sera Em aTeTY HE wha Gen sei Hadi 8;
(a) st we, sat cree et eG arf are ar are ane wae after ee wat:
(8) sang, arg ad a eH 2g feet areee Te wae Stee ETT ET GT Ca) oh ate, arene ce ae Teas ae Paras a tera ge a dann Bee TT Sen WHS TR Ma Pray a ner Tey cai pad gan aA ae ey re Tea Wea &, tS arere ae wage fits Gren samt; aT
[arr 2
1987 ST 14
l!3 atid
J
aril ti] eee Td FAT TT SERTOT
1
(Co) strand, aren wh a TE HC ae fared seen ar earth a ee oT aS Oa we are wae Cie een won ta
(a) Sarg, Pare reves are a Pea Se ye BA Ge rere BT Pech ie m ape an ane he, rere eter Afar were eT B;
(a) sh akg, oe ora ge fe are A aren we wae Shree wren eT; aT
(x) ah ets, areren TC wears Sree ere Het ails Arete wT Ge HCH WII mum ea
Qa) sand, angers or fers fare dtr arene oe wae Gites Ere wee; a
(a) sh ad, arene wa fire ere weet ah oh ye A wa offre F ape at arene area & fener aT wee Peet ora Fatty ort Sette wed etftras avant fare ona fee afer: fear wear Ba
(a) SS, ares Hwee SPs WHET we t site aTeTE Fr Aes ETA fares en ta a Heh Fees aT &,
ae TTT weer Cifras THT HU , TE ET ara 1
6. SPE eae wer Shire ea HUT ag wa rE A Hora arate gaat yen w ien efter
dear eat ehh faery wD attr TATA TH eh Gl Ta, Shea fina STE NT ahegatza | Tre feat
atdsia tn
ater pret ate sat forges
2, Sh aig, Aire sree a aren Sth, fete, RTT RA wt eel eee ET aT SPE eT
ta wafer a feet ara cafe at ats, fer, Yer aT aT aT ered aren ta afew a rea
@ ter até aa aed wart fret gaara fare farm ariiftes rat siesfen eran &, eifires wren wm &, Fe He AAT eI
8. SE, Sire wren Seu ae Sat A fe vite S errs A Praa Pw ort s rq
arate ata wd Boe wh al eet arg Sh is ae cee wT Bee, fen Pree sa ae ea
gaia a i deita tem
ae Sfire wren ak sae fre es
9. Ca) 1 Bg, yfere aaftrenrdl Bia Be, fave ares TE per Cie Ee
(i) afore era at feret a toe sitet seal sereet Frrghaa alg tat Gi) fret ert & afer Hut aq yes or awraftera ta e t frail sent
© Sarge sat g & a
(i) ara ato rg A ore;
(iv) et ae, cafes arent ey He Bh a sea TACT HT TE wh, ary Afr wre wea 8; I
\ (egy Bye, ere re A eT er HT SET BT ML TTS
(i) 28 Ba el eel oie Faas ay cafe oma 3;
(ii) Fea aes ae BT HA ameits fared tai 4,1
(i) A He SH HAG a area;
19
192 Viet hl eT STATA]
(iv) Sei ae, Gear a0 aera all Hae BH ey FY ra @l an sual years a m™ a,
fire wren aan 2; ar
(1) oh and cite tere a oe, feet rere ae fie wren Heat;
(a) Sh were, ferelt rer, ferry an eter pe a TREC ye a eT Wee fire fafa grr see oreite entire stfiren a1 tate sit dears a fare ory ers a wae a afenitge da gu, 08 seq a viadaen ye ar clean ye a iden ye aT aie at tata ah dem ft ara car He ft arene ee fire een aren tT
(3) Wey, fet ster, ae aera aT wigde Hh, wm Wea wT Hrhenfige ga FO wa aerre 4 fied aera 0 cite erent em #; aT
Ca) sand, Bret taftrs deen ar erties then ar wala da a araiige dra gu ae den a @ feat area we Site gren wear 8; a
(8) Shag, ares 1 aries Shire eren eT F ete —ael Geet aren wy, fal aag see oT alle aha gr Se AT ay a ae ae 4 afires eran fare en taal 0 vets cafea grr za des araferta antes Sires wren fare sar aren ore atte Ten wettes cafes se ae a fare ah a fe Feri sn oh ae ses Br arb Fea wT aT; a
(a) ot aig, are Tea aq, aearqy, Tel ver an deer gered aa PT wat Ey Airs Een eA F; I
Ca) stat, feet arere ite aoefa afta ead gu an elif eo A aA athe aft aa Qua sede afd a) afr wed ge Siew een wen ea
(a) Sh ag, fardh ares oe iter wren aca t fore
(i) are yrifer wa 8 sere a ae to ae afew ETE afar, 1987 @ ur 2 ae (3) + ais aerfontia safes es 4 it th ana ¢ a feet wart a then wa aafta aon ¢ fared ser sere an eae ea A Prof art act Ff ari th orn &; a
Gi) ares, are ofercamere Feraryy an fare Wy area rere ti oT eR A Tea wet T5) aes a adits eo 8 seis, a Pratt art oe a as os tar ae seri a eet eo 8 we a aT; a
(2) Sh ard, arere a) crafter ite aniifter aver ar er gard Ee Aer TT afire wren tat 8; aT
(3) af arg, ares a wen 8 afr are ar aan fin eee eel Ba Ce) shang, are at 8 en ay F feet ares lle een Hat: aT
(a) Shard, arerer a ce ar eer or free aT eearR MT APT aM Mra Seat HT} WSU TRSTe a eet we Tefen site, eee Gea Bean SE rere a ae ee Aura $0 area ve Gee eae aren 8:0
(ot) sted, arene a Sat vers ae aref fae Ben er ee ar vale ay eal Ba Ge aren ye eft Bren ate: aT
(a) i ard fret arena & ret ay fran ve ae era AT, aTeTH wT fewell eT mye 4 on eel ait, arene wr elfine qren aom #; oT
1987 HT 14
20