How Pocso amendment Act 2019 made it more gender neutral?

The Protection of Children from Sexual Offences (POCSO) Act, 2012, was already designed to be gender-neutral regarding victims, but the 2019 Amendment Act further solidified this by making it gender-neutral with respect to both perpetrators and victims through the expansion of definitions and stringent punishment provisions. The amendment ensures that a child is defined as any person under the age of 18, regardless of gender, and the law applies uniformly to all, irrespective of the perpetrator's gender. 

Here is how the 2019 Amendment enhanced the gender-neutrality of the POCSO Act:

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Protection of Children from Sexual Offences (Amendment) Act, 2019

 

[Act 25 of 2019] [5th August, 2019]

An Act further to amend the Protection of Children from Sexual Offences Act, 2012.

BE it enacted by Parliament in the Seventieth Year of the Republic of India as follows:—

1. Short title and commencement.— (1) This Act may be called the Protection of Children from Sexual Offences (Amendment) Act, 2019.

(2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint.

2. Amendment of Section 2.— In the Protection of Children from Sexual Offences Act, 2012 (32 of 2012) (hereinafter referred to as the principal Act), in Section 2,—

(a) in sub-section (1), after clause (d), the following clause shall be inserted, namely:—

‘(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;’;

(b) in sub-section (2), for the words, brackets and figures “the Juvenile Justice

(Care and Protection of Children) Act, 2000” (56 of 2000), the words, brackets and figures “the Juvenile Justice (Care and Protection of Children) Act, 2015” (2 of 2016) shall be substituted.

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Supreme Court Sets Aside Sentence Under Amended POCSO Provision : Constitutional Bar Against Retrospective Imposition Of Harsher Penalty Is Absolute

 The submission advanced on behalf of the appellant is that

the incident occurred on 20.05.2019. While the conviction is

under Section 6 of the POCSO Act, the Protection Of Children

From Sexual Offences (Amendment) Act, 2019, which came

into force on 16.08.2019, enhanced the minimum sentence

to 20 years and redefined "imprisonment for life" to mean

imprisonment for the remainder of the natural life. It is the

appellant’s contention that the sentencing court erred in

applying the amended provisions retrospectively, as the

incident in question took place prior to the amendment.{Para 6}

8. Section 6 of the POCSO Act, prior to the 2019 amendment,

read as under:

“6. Punishment for aggravated penetrative sexual

assault – 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 fine.”

9. This Court, having found no merit in the challenge to

conviction, had confined its notice to the question of

sentencing. However, we find merit in the appellant’s

submission that since the offence was committed on

20.05.2019, the amended provision of Section 6 of the

POCSO Act, which came into force on 16.08.2019, could not

have been applied to his case.

REPORTABLE

IN THE SUPREME COURT OF INDIA

CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO…..………….OF 2025

(ARISING OUT OF SLP (CRL) NO. 13834 of 2024)

SATAURAM MANDAVI  Vs  THE STATE OF CHHATTISGARH & ANR.

Author: VIKRAM NATH, J.

Dated: July 25, 2025.

Citation: 2025 INSC 892

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Main features of POCSO amendment Act 2019

 The Protection of Children from Sexual Offences (Amendment) Bill, 2019

• The Protection of Children from Sexual Offences (Amendment) Bill, 2019 was introduced in Rajya Sabha by the Minister of Women and Child Development, Ms. Smriti Zubin Irani on July 18, 2019. The Bill amends the Protection of Children from Sexual Offences Act, 2012.  The Act seeks to protect children from offences such as sexual assault, sexual harassment, and pornography.
   
• Penetrative sexual assault: Under the Act, a person commits “penetrative sexual assault” if he: (i) penetrates his penis into the vagina, mouth, urethra or anus of a child, or (ii) makes a child do the same, or (iii) inserts any other object into the child’s body, or (iv) applies his mouth to a child’s body parts.  The punishment for such offence is imprisonment between seven years to life, and a fine.  The Bill increases the minimum punishment from seven years to ten years.  It further adds that if a person commits penetrative sexual assault on a child below the age of 16 years, he will be punishable with imprisonment between 20 years to life, with a fine. 

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