Section 2 POCSO: Definitions

Section 2 POCSO Bare Act Text

2. Definitions.

(1) In this Act, unless the context otherwise requires,—

(a) “aggravated penetrative sexual assault” has the same meaning as assigned to it in section 5;

(b) “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;

(d) “child” means any person below the age of eighteen years;

(da) “child pornography” means any visual depiction of sexually explicit conduct involving a child which include photograph, video, digital or computer generated image indistinguishable from an actual child and image created, adapted, or modified, but appear to depict a child;

(e) “domestic relationship” shall have the same meaning as assigned to it in clause (f) of section 2 of the Protection of Women from Domestic Violence Act, 2005 (43 of 2005);

(f) “penetrative sexual assault” has the same meaning as assigned to it in section 3;

(g) “prescribed” means prescribed by rules made under this Act;

(h) “religious institution” shall have the same meaning as assigned to it in the Religious Institutions (Prevention of Misuse) Act, 1988 (41 of 1988).

(i) “sexual assault” has the same meaning as assigned to it in section 7;

(j) “sexual harassment” has the same meaning as assigned to it in section 11;

(k) “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;

(l) “Special Court” means a court designated as such under section 28;

(m) “Special Public Prosecutor” means a Public Prosecutor appointed under section 32.

(2) The words and expressions used herein and not defined but defined in the Indian Penal Code (45 of 1860), the Code of Criminal Procedure, 1973 (2 of 1974), the Juvenile Justice (Care and Protection of Children) Act, 2015 (2 of 2016) and the Information Technology Act, 2000 (21 of 2000) shall have the meanings respectively assigned to them in the said Codes or the Acts.

Section 2 POCSO in Simple Words

When Section 2 POCSO Applies

• Under Section 2(1) POCSO, the definitions in clauses (a) to (m) apply throughout the Act unless the context requires otherwise.
• Under Section 2(1)(d) POCSO, a "child" is any person below the age of 18 years.
• Under Section 2(1)(da) POCSO, "child pornography" covers any visual depiction of sexually explicit conduct involving a child, including photographs, videos, indistinguishable digital or computer-generated images, and created, adapted, or modified images that appear to depict a child.
• Under Section 2(1)(k) POCSO, a "shared household" is a household where the person charged with the offence lives or has lived at any time in a domestic relationship with the child.
• Under Section 2(2) POCSO, terms used but not defined in POCSO take their meanings from the Indian Penal Code, the Code of Criminal Procedure, 1973, the Juvenile Justice (Care and Protection of Children) Act, 2015, and the Information Technology Act, 2000.

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