Section 29 POCSO: Presumption as to certain offences

Protection of Children from Sexual Offences Act, 2012

Section 29 POCSO at a Glance

Section 29 POCSO requires the Special Court to presume that a person prosecuted for committing, abetting, or attempting to commit an offence under Sections 3, 5, 7, or 9 POCSO did so, unless the contrary is proved.

Section 29 POCSO Bare Act Text

29. Presumption as to certain offences.

Where a person is prosecuted for committing or abetting or attempting to commit any offence under sections 3, 5, 7 and section 9 of this Act, the Special Court shall presume, that such person has committed or abetted or attempted to commit the offence, as the case may be unless the contrary is proved.

Section 29 POCSO in Simple Words

Section 29 POCSO creates a presumption against the accused in prosecutions for specific sexual offences against a child. Where a person is prosecuted for committing, abetting, or attempting to commit any offence under Section 3 POCSO, Section 5 POCSO, Section 7 POCSO, or Section 9 POCSO, the Special Court must presume that the person has committed, abetted, or attempted to commit the offence, as the case may be, unless the contrary is proved.

The four offences are penetrative sexual assault (Section 3 POCSO), aggravated penetrative sexual assault (Section 5 POCSO), sexual assault (Section 7 POCSO) and aggravated sexual assault (Section 9 POCSO). The presumption also covers abetting or attempting any of them.

When Section 29 POCSO Applies

  • Prosecution for a specified offence: A person is prosecuted for committing, abetting, or attempting to commit any offence under Section 3 POCSO (penetrative sexual assault), Section 5 POCSO (aggravated penetrative sexual assault), Section 7 POCSO (sexual assault), and Section 9 POCSO (aggravated sexual assault).
  • Mandatory presumption by the Special Court: The Special Court must presume that the person has committed, abetted, or attempted to commit the offence, as the case may be.
  • Holds unless the contrary is proved: The presumption applies unless the contrary is proved.

Example of Section 29 POCSO

In Varanasi, Anand, a teacher on the staff of a school, is prosecuted before the Special Court for committing aggravated sexual assault under Section 9(f) POCSO against a 13-year-old student in that school. Because the prosecution is for an offence under Section 9 POCSO, Section 29 POCSO applies to the prosecution. Under Section 29 POCSO, the Special Court must presume that Anand committed the offence of aggravated sexual assault unless the contrary is proved.

FAQs on Section 29 POCSO

What is Section 29 POCSO?▼

Section 29 POCSO creates a statutory presumption in prosecutions for committing, abetting, or attempting to commit any offence under Sections 3, 5, 7, and 9 POCSO. It requires the Special Court to presume that the prosecuted person committed, abetted, or attempted to commit the offence, as the case may be, unless the contrary is proved.

Which offences are covered by the presumption under Section 29 POCSO?▼

Offences under Section 3 POCSO (penetrative sexual assault), Section 5 POCSO (aggravated penetrative sexual assault), Section 7 POCSO (sexual assault), and Section 9 POCSO (aggravated sexual assault) are covered. Section 29 POCSO also applies where a person is prosecuted for abetting or attempting to commit any of those four offences.

Can the presumption under Section 29 POCSO be rebutted?▼

Yes, if the contrary is proved. Under Section 29 POCSO, the Special Court must presume that the person committed, abetted, or attempted to commit the offence unless the contrary is proved.

Which court applies the presumption under Section 29 POCSO?▼

The Special Court. Section 29 POCSO directs the Special Court to make the presumption.

Have questions about Section 29 POCSO?

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Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

Sources: Bare Act Text, Protection of Children from Sexual Offences Act, 2012 (India Code) ·