White Black Legal – International Law Journal

[1] Assistant Professor, Government Law College, Coimbatore.

[2] Criminal Evidence Act, 1898, section 1(h).

[3] Home Office Circular No. 31/1964. Now amended Rules H.O. Circ. No. 89/1978.

[4] R. V. Prager [1972] 1 All. E.R. 1114. R. Hanghlon (1978) Times Law Report, 22 June

[5] Sir Robert Mark, ‘Minority Verdict’, The Listener, 8 November 1973. Heydon, Statutory Restrictions on the Privilege Against Self-Incrimination (1971) Law Quarterly Review 214.

[6] Criminal Revision Committee, 11th Report - Evidence (General) (1972) Cmnd 4991

[7] McCabe and Purves, By-Passing the Jury, Oxford University Press (1972).

[8] Parkes v. The Queen [1976] 3 All. E.R. 380 citing R. v. Mitchell (1892) 17 Cox. C.C. 503

[9] Professor M.P. Jain, Indian Constitutional Law, Lexis Nexis, Butterworth Wadhwa, Nagpur, 2010, p.1163.

[10]Nandini Satpathy v. P.L Dani, AIR 1978 SC 1025.

[11] Nandini Satpathy v. P.L. Dani, 1978 SCR (3) 608.

[12] Committee on Reform of Criminal Justice System Report, Vol. I, March, 2003, p.53.

[1] David James "Dave" Pelzer (born December 29, 1960 in San Francisco, California) is an American author, of several autobiographical and self-help books. He is best known for his 1995 memoir of childhood                abuse, A Child Called "It".

[2] Tom O’Neill and Dawn Zinga, Children’s Rights, (University of Toronto Press Incorporated,2008).

[3] Dr. Savita Bhakhry, Children in India and their rights, (National Human Rights Commission)

   (Faridkot House, Copernicus Marg, New Delhi,2006).

[4] Trevor Buck, International Child Law, (Routledge Taylor& Francis Group,2014).

[5] Asha Bajpai, Child Rights in India, (Oxford University Press,2nd Edition 2006).

[6] R. D. Bhagat, Crime Against Women and Child, (Centrum press, New Delhi,2014).

[7] Dr. Savita Bhakhry, Children in India and their rights, (National Human Rights Commission)

   (Faridkot House, Copernicus Marg, New Delhi,2006).

[8] The United Nations Convention on the Rights of the Child (commonly abbreviated as the CRC or UNCRC) is a human rights treaty which sets out the civil, political, economic, social, health and cultural rights of children. The Convention defines a child as any human being under the age of eighteen, unless the age of majority is attained earlier under national legislation.

[9] Subhash Chandra Singh, Rights of Child, (Serials Publications, New Delhi,2007).

[10] Dolly Singh, Child Rights and Social Wrongs (Kanishka Publishers, Distributors, New Delhi,2001)

[11] Defining Child Sexual Abuse Touching and Non-Touching Behaviors, available at: http://www.stopitnow.org/ohc-content/defining-child-sexual-abuse, (visited on June 1, 2017).

[12] Child sexual abuse, available at: www.who.int/violenceinjuryprevention/resouces/publication, (visited on May 24,2017).

[13]Section 354 of Indian Penal Code 1860.

[14] Section 361 of Indian Penal Code 1860.

[15] Section 366A of Indian Penal Code 1860.

[16] Section 366B of Indian Penal Code 1860.

[17] Section 369 of Indian Penal Code 1860.

[18] Section 372 of Indian Penal Code 1860.

[19] Section-375 of Indian Penal Code 1860.

[20] Section-377 of Indian Penal Code 1860.

[21] Rape and sexual offences: Crime & punishment in India, available at: http://indiatoday.intoday.in/story/rape-and-sexual-offences-crime-and-punishment-in-india/1/238406.html

[22]Article 15(3) of The Constitution of India.

[23] Article-39 of The Constitution of India.

[24] Article-24 of The Constitution of India.

[25] Article-21A of The Constitution of India.

[26] The Convention for the Suppression of the Traffic in Persons and of the Exploitation of the Prostitution of Others is a resolution of the UN General Assembly.

[27] The Immoral Traffic (Prevention) Act,1956, available at:  http://www.hrln.org/hrln/child-rights/laws-in-place/1715-the-immoral-traffic-prevention-act-1956.html#ixzz4r6orZNnB.

[28] The Information Technology Act, 2000 is an Act of the Indian Parliament notified on 17 October 2000. It is the primary law in India dealing with cybercrime and electronic commerce. It is based on the United Nations Model Law on Electronic Commerce 1996 (UNCITRAL Model) recommended by the General Assembly of United Nations by a resolution dated 30 January 1997.

[29] The Information Technology Bill, 2008 has been passed both the houses of Parliament in December, 2008 and was signed by the President of India on February 5, 2009 and became the Amendment Act.

[30] Section 67 of Information Technology Act 2008.

[31] Section 67A of Information Technology Act 2000.

[32]Section-67B of Information Technology Act 2008.

[33] Section-67C of Information Technology Act 2000.

[34] Section-2(a) of The Prohibition of Child Marriage Act 2006.

[35]The Prohibition of Child Marriage Act 2006, available at:  http://childlineindia.org.in/child-marriage-india.htm.

[36] The Prohibition of Child Marriage Act 2006, available at: http://childlineindia.org.in/Prohibition-of-Child-Marriage-Act-2006.htm

[37] Section-2(d) of Protection of Children from Sexual Offences Act 2012.

[38] Section- 3 of Protection of Children from Sexual Offences Act 2012- The Act clearly defines sexual assault, sexual harassment and pornography as distinct offences. When an offence is committed by a public servant, police officer, member of armed forces, security personnel, jailor or any person in the management of any medical or educational institution or a guardian who is responsible for the protection and care of the child, it is considered as an aggravated form of penetrative sexual assault under the Act.

[39] Section- 11 of Protection of Children from Sexual Offences Act 2012- A person is said to commit sexual harassment upon a child when such person with sexual intent-

1. 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
2. makes a child exhibit his body or any part of his body so as it is seen by such person or any other person; or
3. shows any object to a child in any form or media for pornographic purposes; or
4. repeatedly or constantly follows or watches or contacts a child either directly or through electronic, digital or any other means; or
5. threatens to use, in any form of media, a real 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
6. entices a child for pornographic purposes or gives gratification therefor

[40] Section- 13 of Protection of Children from Sexual Offences Act 2012-Using a child in any form of media (including programmes or advertisement telecast by television channels or internet or any other electronic form or printed form, whether or not such programmes or advertisement is intended for personal use or for distribution), for the purposes of sexual gratification, amounts to an offence under this Act.

[41]Section-37 of Protection of Children from Sexual Offences Act 2012.

[42]Section-35(2) of Protection of Children from Sexual Offences Act 2012.

[43] Section- 19 of Protection of Children from Sexual Offences Act 2012.