The Protection of Children from Sexual Offences Act, 2012 by - Chandan Kumar
Important MCQs
The Protection of Children from Sexual Offences Act,
2012
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Act no. 32 of 2012
Act no. 32 of 2012
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Authored By: Chandan Kumar
1.
What is the Act no. of Protection of Children from
Sexual offences Act, 2012?
a.
Act no. 32 of 2012
b.
Act no. 43 of 2012
c.
Act no. 63 of 2012
d.
Act no. 48 of 2012
Ans. Option A is correct.
2.
How many sections and chapters are there under the
Act, 2012?
a.
I to VIII chapters and 1 to 46 sections
b.
I to IX chapters and 1 to 46 sections
c.
I to XI chapters and 1 to 32 sections
d.
I to VII chapters and 1 to 74 sections
Ans. Option B is correct.
3.
Which chapter of the Act makes provisions for Special
Courts?
a.
Chapter V
b.
Chapter VI
c.
Chapter VII
d.
Chapter VIII
Ans. Option C is correct.
4.
Which chapter prescribes procedure and powers of
Special Courts and Recording of Evidences?
a.
Chapter VIII and 33 to 38 sections
b.
Chapter VII and 39 to 46 sections
c.
Chapter VI and 24 to 27 sections
d.
Chapter V and 19 to 23 sections
Ans. Option A is correct.
5.
When did the Protection of Children from Sexual
offences Act, 2012 come to force?
a.
14th November, 2012
b.
1st July, 2013
c.
1st July, 2012
d.
1st January, 2012
Ans. Option A is correct.
6.
‘Sexual Assault’ is defined under which section of the
Act?
a.
Section 2 (a)
b.
Section 2 (b)
c.
Section 2 (h)
d.
Section 2 (i)
Ans. Option D is correct.
7.
‘Sexual Harassment’ is defined under which section of
the Act?
a.
Section 2 (f)
b.
Section 2 (j)
c.
Section 2 (k)
d.
Section 2 (n)
Ans. Option B is correct.
8.
‘Special Court’ is defined under which section of the
Act?
a.
Section 2 (l)
b.
Section 2 (m)
c.
Section 2 (o)
d.
Section 2 (n)
Ans. Option A is correct.
9.
‘Special Public Prosecutor’ is defined under which
section of the Act?
a.
Section 2 (c)
b.
Section 2 (d)
c.
Section 2 (m)
d.
Section 2 (p)
Ans. Option C is correct.
10. ‘Penetrative
Sexual Assault’ is defined under which section of the Act?
a.
Section 2 (f)
b.
Section 2 (d)
c.
Section 2 (h)
d.
Section 2 (g)
Ans. Option A is correct.
11. ‘Aggravated
Penetrative Sexual Assault’ is defined under which section of the Act?
a.
Section 2 (a)
b.
Section 2 (l)
c.
Section 2 (b)
d.
Section 2 (c)
Ans. Option A is correct.
12. ‘Aggravated
Sexual Assault’ is defined under which section of the Act?
a.
Section 2 (c)
b.
Section 2 (d)
c.
Section 2 (e)
d.
Section 2 (b)
Ans. Option D is correct.
13. Which
section defines child under the Act?
a.
Section 2 (b)
b.
Section 2 (c)
c.
Section 2 (d)
d.
Section 2 (e)
Ans. Option C is correct. Child means any person below the age of
eighteen years.
14. The words
and expressions used herein but not defined within the Act shall have the
meanings defined
a.
Indian Penal Code, 1860
b.
Criminal Procedure Code, 1973
c.
Juvenile Justice Act, 2000 and Information Technology
Act, 2000
d.
All of the above
Ans. Option D is correct.
15. What is the
punishment for ‘Penetrative Sexual Assault’?
a.
Shall not be less than seven years but may extend to
imprisonment for life, and also fine
b.
Shall not be less than 3 years but may extend to 7
years and with fine
c.
Shall not be less than six months but may extend to 3
years and fine
d.
Rigorous imprisonment for a term which shall not be
less than ten years but may extend to imprisonment for life and shall also be
liable to fine
Ans. Option A is correct.
16. Which is
the punishment for Sexual Assault?
a.
Imprisonment of either description for a term which
shall not be less than three years but which may extend to five years and shall
also be liable to fine
b.
Imprisonment for a term which may extend to 3 years
and fine
c.
Shall not be less than six months but may extend to 3
years and fine
d.
Imprisonment of either description for a term which
shall not be less than five years but which may extend to imprisonment for life
and shall also be liable to fine
Ans. Option A is correct.
17. Which
section makes punishable use of child for pornographic purposes?
a.
Section 13
b.
Section 14
c.
Section 15
d.
Section 19
Ans. Option A is correct.
18. Which
section provides punishment for storage of pornographic material involving
child?
a.
Section 8
b.
Section 11
c.
Section 14
d.
Section 15
Ans. Option D is correct.
19. What is the
punishment for storage of pornographic material involving child?
a.
Imprisonment of either description which may extend to
six months or fine or both
b.
Imprisonment of either description which may extend to
3 years and fine
c.
Imprisonment of either description which may extend to
5 years or fine or both
d.
Imprisonment of either description which may extend to
three years or with fine or with both
Ans. Option D is correct.
20. Which
chapter talks about abetment of and attempt to commit an offence?
a.
Chapter IV
b.
Chapter V
c.
Chapter VI
d.
Chapter VII
Ans. Option A is correct.
21. Any person
provide information relating to offences against children to
a.
The Special Juvenile Unit or the Local Police
b.
The Special Juvenile Unit and the Local Police
c.
Special Judge appointed under the Act
d.
To the State Government
Ans. Option A is correct.
22. Every
report given under sub-section (1) of section 19, shall be
a.
Ascribed an entry number and recorded in writing
b.
Be read over to the informant
c.
Shall be entered in a book to be kept by the Police
Unit
d.
All of the above
Ans. Option D is correct.
23. The special
juvenile unit or local police shall, without unnecessary delay but within a
period of----------------report the matter to 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 taken in
this regard.
a.
1 month
b.
48 hours
c.
72 hours
d.
24 hours
Ans. Option D is correct.
24. False
Complaints or False Information have been made punishable with respect to which
sections of the Act, 2012?
a.
Section 3
b.
Section 5
c.
Section 7 and 9
d.
All of the above
Ans. Option D is correct.
25. What is the
punishment for false complaint or false information?
a.
Imprisonment for a term which may extend to one year
or fine or both
b.
Imprisonment for a term which may extend to six months
or with fine or with both
c.
Imprisonment for a term which may extend to 3 years
and fine
d.
None of the above
Ans. Option B is correct.
26. Which
section provides Punishment for false complaint or false information?
e.
Section 19
f.
Section 20
g.
Section 22
h.
Section 23
Ans. Option C is correct.
27. The
statement of a child shall be recorded by
a.
Police officer not below the rank of sub-inspector
b.
Judicial magistrate
c.
Both A and B
d.
Only B
Ans. Option C is correct.
28. While
recording statement of a child by Judicial Magistrate
a.
Provisions contained in the first proviso to sub
section (1) of sec 164 shall not apply
b.
Provisions contained in the first proviso to sub
section (1) of sec 164 shall apply
c.
Magistrate shall exercise his discretion
d.
Child shall confront the accused
Ans. Option A is correct.
29. Who shall
designate Special Courts?
a.
Central Government
b.
State Government in consultation with the Chief
Justice of the High Court
c.
High Court in consultation with the State Government
d.
State Government in consultation with the Central
Government
Ans. Option B is correct.
30. Which
courts are designated as Special Courts?
a.
Court of Session
b.
Court of Judicial Magistrate First Class
c.
Special Court Established by the State Government
d.
High Court of the State Concerned
Ans. Option A is correct.
31. The Special
Courts can also try offences punishable under which section of IT Act, 2000?
a.
Section 65A
b.
Section 65B
c.
Section 67A
d.
Section 67B
Ans. Option D is correct.
32. Presumption
as to certain offences is provided under section?
a.
Section 27
b.
Section 28
c.
Section 29
d.
Section 29B
Ans. Option C is correct.
33. Presumptions
are raised with respect to which sections of the Act, 2012?
a.
Sections 2,5,7 and 9
b.
Sections 3,5,7 and 9
c.
Sections 4,9,12 and 17
d.
Sections 7,9,12 and 17
Ans. Option B is correct.
34. Section 29
provides ‘Shall Presume’ or ‘May Presume’?
a.
May Presume
b.
Shall Presume
c.
Both May and Shall Presume
d.
Rebuttable Presumption
Ans. Option B is correct.
35. Which
section defines presumption as to culpable mental state?
a.
Section 26
b.
Section 28
c.
Section 29
d.
Section 30
Ans. Option D is correct.
36. When is a
fact said to be proved?
a.
Special Court believes it to exist beyond reasonable
doubt
b.
When its existence is established by a preponderance
of probability
c.
When Special Court believes it to exist beyond
reasonable doubt and not merely when its existence is established by a
preponderance of probability
d.
On balance of convenience
Ans. Option C is correct.
37. ‘Culpable
Mental State’ includes?
a.
Intention
b.
Motive
c.
Knowledge
d.
Intention, Motive, Knowledge and belief or reason to
believe
Ans. Option D is correct.
38. Who shall
appoint Special Public Prosecutor?
a.
State Government
b.
Central Government
c.
State Government in consultation with the Central
Government
d.
High Court
Ans. Option A is correct. State Government does not
require consultation with Central Govt.
39. Who shall
be appointed as Special Public Prosecutor?
a.
An advocate who has been in practice for not less than
seven years
b.
An advocate who has been in practice for not less than
ten years
c.
An practicing advocate at the discretion of the State
Government
d.
Advocate General of the State
Ans. Option A is correct.
40. What is the
procedure to take cognizance by the Special Courts?
a.
Upon receiving a complaint
b.
Upon police report
c.
Upon receiving a complaint or upon police report
d.
All of the above
Ans. Option C is correct.
41. Special
Court shall take cognizance of an offence?
a.
Without accused being committed to it
b.
After accused being committed to it
c.
Suo-motto
d.
None of the above
Ans. Option A is correct.
42. Questions
during Examination in chief, Cross-examination and Re-examination shall be put
to the child through
a.
Public Prosecutor
b.
Special Public Prosecutor
c.
Special Courts
d.
Parents of the child
Ans. Option C is correct. No direct questions shall be
put to the Child.
43. For the
purpose of this Act, identify of the child includes
a.
Child’s family
b.
Child’s School
c.
Relatives, neighborhood or other information by which
identify of the child may be revealed
d.
All of the above
Ans. Option D is correct.
44. Where any
offence under this Act is committed by a child, such child shall be dealt with
a.
Under the provision of Juvenile Justice (Care and
Protection of Children) Act, 2000
b.
As per section 35 of the Act
c.
Under the provision of Criminal Procedure Code, 1973
d.
Under the provision of Indian Penal Code, 1860
Ans. Option A is correct.
45. The
evidence of the child shall be recorded
a.
Within thirty days of the Special Court taking
cognizance of the offence
b.
Within sixty days of the Special Court taking
cognizance of the offence
c.
Within three months
d.
Within six months
Ans. Option A is correct.
46. The Special
Court shall conclude the trial of the offences
a.
Within a period of one year from the date of taking
cognizance of the offence
b.
Within a period of six months from the date of taking
cognizance of the offence
c.
Within a reasonable period of time
d.
Within such period as may be determined by the State
Government
Ans. Option A is correct.
47. Which
section provides that trial of the offences under the Act shall be conducted in
Camera?
a.
Section 35
b.
Section 36
c.
Section 37
d.
Section 38
Ans. Option C is correct.
48. Which
section provides that Assistance of an interpreter or an expert may be taken
while recording evidence of the child?
a.
Section 41
b.
Section 38
c.
Section 39
d.
Section 41
Ans. Option B is correct.
49. Which
section provides Right of a child to take assistance of legal practitioner?
a.
Section 40
b.
Section 44
c.
Section 47
d.
Section 48
Ans. Option A is correct. State Government shall make
the rules for the same.
50. Assistance
of legal practitioner shall be taken subject to which section of CRPC, 1973?
a.
Section 300 of CRPC
b.
Section 301 of CRPC
c.
Section 302 of CRPC
d.
Section 303 of CRPC
Ans. Option B is correct.
51. Who shall
be entitled to take assistance of legal practitioners?
a.
The child
b.
Legal heirs
c.
The family or the guardian of the child
d.
All of the above
Ans. Option C is correct.
52. When does
the provisions of section 3 to 13 does not apply?
a.
During medical examination or medical treatment
undertaken with the consent of the parents or guardian
b.
During examination of child under section 164 of
Criminal Procedure Code, 1973
c.
During Examination of victim under Section 164A of
Criminal Procedure Code, 1973
d.
During investigation of the offences under the Code.
Ans. Option A is correct.
53. Which
section provides ‘Alternate Punishment’ under the Act?
a.
Section 39
b.
Section 40
c.
Section 41
d.
Section 42
Ans. Option D is correct.
54. Which
section of the Act provides that this Act shall be in addition to but not in
derogation of any other laws for the time being in force?
a.
Section 42
b.
Section 42A
c.
Section 43
d.
Section 44
Ans. Option B is correct.
55. Who shall
monitor the implementation of the provisions of this Act?
a.
National Commission for Protection of Child Rights
Act, 2005
b.
State Commission for Protection of Child Rights Act,
2005
c.
The Commission for Protection of Child Rights Act,
2005
d.
All of the above
Ans. Option D is correct.
56. National
Commission for Protection of Child Rights is appointed under which section
of the Child Rights Act, 2005
a.
Section 3
b.
Section 17
c.
Section 18
d.
Section 21
Ans. Option A is correct. State Commission is
appointed under section 17.
57. Who is
entitled to make rules under this Act?
a.
Central Government
b.
State Government
c.
Central Government in consultation with the State
Government
d.
State Government in consultation with the Central
Government
Ans. Option A is correct.
58. The Central
Government is empowered to make rules under which sections of this Act?
a.
Sub section (4) & (5) of section 19
b.
Sub sections (2) & (3) of section 26
c.
Section 38, sub section (8) of section 33 and sub
section (1) of section 44
d.
All of the above
Ans. Option D is correct.
59. An order
for the removal of difficulties cannot be made by the Central Government
a.
After the expiry of the period of two years from the
commencement of this Act
b.
After the expiry of the period of one year from the
commencement of this Act
c.
After the expiry of the period of five years from the
commencement of this Act
d.
After the expiry of the period of seven years from the
commencement of this Act
Ans. Option A is correct.
60. The
expression public servant as defined under section 2 (c) contains how may
clauses under the Schedule of the Act.
e.
Clauses a-z
f.
Clauses a-x
g.
Clauses a-r
h.
Clause a-t
Ans. Option C is correct.
Written by: Chandan Kumar
LL.B & LL.M, University of Delhi
THE
PROTECTION OF CHILDREN FROM SEXUAL OFFENCES ACT, 2012
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ARRANGEMENT
OF SECTIONS
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CHAPTER
I
PRELIMINARY
SECTIONS
1. Short title, extent and
commencement.
2. Definitions.
CHAPTER
II
SEXUAL
OFFENCES AGAINST CHILDREN
A.—PENETRATIVE
SEXUAL ASSAULT AND PUNISHMENT THEREFOR
3. Penetrative sexual assault.
4. Punishment for penetrative
sexual assault.
B.—AGGRAVATED
PENETRATIVE SEXUAL ASSAULT AND PUNISHMENT THEREFOR
5. Aggravated penetrative sexual
assault.
6. Punishment for aggravated
penetrative sexual assault.
C.—SEXUAL
ASSAULT AND PUNISHMENT THEREFOR
7. Sexual assault.
8. Punishment for sexual assault.
D.—AGGRAVATED
SEXUAL ASSAULT AND PUNISHMENT THEREFOR
9. Aggravated sexual assault.
10. Punishment for aggravated
sexual assault.
E.—SEXUAL
HARASSMENT AND PUNISHMENT THEREFOR
11. Sexual harassment.
12. Punishment for sexual
harassment.
CHAPTER
III
USING
CHILD FOR PORNOGRAPHIC PURPOSES AND PUNISHMENT THEREFOR
13. Use of child for pornographic
purposes.
14. Punishment for using child for
pornographic purposes.
15. Punishment for storage of
pornographic material involving child.
CHAPTER
IV
ABETMENT
OF AND ATTEMPT TO COMMIT AN OFFENCE
16. Abetment of an offence.
17. Punishment for abetment.
18. Punishment for attempt to
commit an offence.
CHAPTER
V
PROCEDURE
FOR REPORTING OF CASES
19. Reporting of offences.
20. Obligation of media, studio and
photographic facilities to report cases.
21. Punishment for failure to
report or record a case.
22. Punishment for false complaint
or false information.
23. Procedure for media.
CHAPTER
VI
PROCEDURES
FOR RECORDING STATEMENT OF THE CHILD
24. Recording of statement of a child.
25. Recording of statement of a
child by Magistrate.
26. Additional provisions regarding
statement to be recorded.
27. Medical examination of a child.
CHAPTER
VII
SPECIAL
COURTS
28. Designation of Special Courts.
29. Presumption as to certain
offences.
30. Presumption of culpable mental
state.
31. Application of Code of Criminal
Procedure, 1973 to proceedings before a Special Court.
32. Special Public Prosecutors.
CHAPTER
VIII
PROCEDURE
AND POWERS OF SPECIAL COURTS AND RECORDING OF EVIDENCE
33. Procedure and powers of Special
Court.
34. Procedure in case of commission
of offence by child and determination of age by Special Court.
35. Period for recording of
evidence of child and disposal of case.
36. Child not to see accused at the
time of testifying.
37. Trials to be conducted in
camera.
38. Assistance of an interpreter or
expert while recording evidence of child.
CHAPTER
IX
MISCELLANEOUS
39. Guidelines for child to take
assistance of experts, etc.
40. Right of child to take
assistance of legal practitioner.
41. Provisions of sections 3 to 13
not to apply in certain cases.
42. Alternative punishment.
42A. Act not in derogation of any
other law.
43. Public awareness about Act.
44. Monitoring of implementation of
Act.
45. Power to make rules.
46. Power to remove difficulties.