Panaji, 26th March, 2020 (Chaitra 6, 1942)

SERIES I No. 52

Reg. No. G-2/RNP/GOA/32/2018-20

RNI No. GOAENG/2002/6410

PUBLISHED BY AUTHORITY

NOTE

There are two Extraordinary issues to the Official Gazette, Series I No. 51 dated 19-03-2020, as follows:—

(1) Extraordinary dated 19-03-2020 from pages 1687 to 1688, Notification No. 5-6-2019-Fin(DMU) regarding Market

Borrowing Programme from Department of Finance.

(2) Extraordinary No. 2 dated 21-3-2020 from pages 1689 to 1690, Notification No. DCS/ENF/ECA/MASK & Sanitiser/

2019-20/311 regarding Essential Commodities Order, 2020 from Department of Civil Supplies and Consumer Affairs.

INDEX

Department

Notification

Subject

Pages

3.a. Law & Judiciary

Not.- 10/4/2019-LA-358

The Supreme Court (Number of Judges)

1691

Legal Affairs Division

Amendment Act, 2019.

Joint Secretary

b. -do-

Not.- 10/4/2019-LA-346

The Protection of Children from Sexual offences

1691

(Amendment) Act, 2019.

Government Ptg. Press

—

Subscription Rate.

1694

GOVERNMENT OF GOA

Department of Law & Judiciary

Legal Affairs Division

—

Notification

10/4/2019-LA-358

The Supreme Court (Number of Judges)

Amendment Act, 2019 (Central Act No. 37 of

2019), which has been passed by Parliament

and assented to by the President on

09-08-2019 and published in the Gazette of

India, Extraordinary, Part II, Section 1, dated

09-08-2019, is hereby published for the

general information of the public.

D. S. Raut Dessai, Joint Secretary (Law).

Porvorim, 31st December, 2019.

_________

The Supreme Court (Number of Judges)

Amendment Act, 2019

ACT

further to amend the Supreme Court (Number

of Judges) Act,1956.

1691

Suggestions are welcomed on e-mail: dir–[email protected]

Be it enacted by Parliament in the

Seventieth Year of the Republic of India as

follows:—

1. Short title.— This Act may be called the

Supreme Court (Number of Judges)

Amendment Act, 2019.

2. Amendment of section 2.— In

section 2 of the Supreme Court

(Number of Judges) Act, 1956, for

the word “thirty”, the word

“thirty-three” shall be substituted.

_________

Notification

10/4/2019-LA-346

The Protection of Children from Sexual

Offences (Amendment) Act, 2019 (Central Act

No. 25 of 2019), which has been passed by

Parliament and assented to by the President

on 05-08-2019 and published in the Gazette

of India, Extraordinary, Part II, Section 1,

55 of 1956.

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1692

dated 06-08-2019, is hereby published for the

general information of the public.

D. S. Raut Dessai, Joint Secretary (Law).

Porvorim, 31st December, 2019.

———

The Protection of Children from Sexual

Offences (Amendment ) Act, 2019

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

(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”,

the words, brackets and figures

“the Juvenile Justice (Care and

Protection of Children) Act, 2015”

shall be substituted.

3. Amendment of section 4.— In the

principal Act, section 4 shall be renumbered

as section 4(1) thereof and—

(a) in sub-section (1) as so renumbered,

for the words “seven years”, the words

“ten years” shall be substituted;

(b) after sub-section (1), the following

sub-sections shall be inserted, namely:—

“(2) Whoever commits penetrative

sexual assault on a child below sixteen

years of age shall be punished with

imprisonment for a term which shall not

be less than twenty years, but which

may extend to imprisonment for life,

which shall mean imprisonment for the

remainder of natural life of that person,

and shall also be liable to fine.

(3)

The

fine

imposed

under

sub-section (1) shall be just and

reasonable and paid to the victim to meet

the medical expenses and rehabilitation

of such victim.”.

4. Amendment of section 5.— In section 5

of the Principal Act,—

(I) in clause (j),—

(A) in sub-clause (i), the word “or”

occurring at the end shall be omitted;

(B) in sub-clause (iii), the word “or”

occurring at the end shall be omitted;

sub-clause shall be inserted, namely:—

“(iv) causes death of the child; or”;

(II) in clause (s), for the words

“communal or sectarian violence”, the

words “communal or sectarian violence or

during any natural calamity or in similar

situations” shall be substituted.

5. Substitution of new section for section

6.— For section 6 of the principal Act, the

following section shall be substituted,

namely:—

“6.

Punishment

for

aggravated

penetrative sexual assault.— (1) Whoever

commits aggravated penetrative sexual

assault shall be punished with rigorous

32 of 2012.

56 of 2000.

2 of 2016.

OFFICIAL GAZETTE — GOVT. OF GOA

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1693

imprisonment for a term which shall not

be less than twenty years, but which may

extend to imprisonment for life, which shall

mean imprisonment for the remainder of

natural life of that person, and shall also

be liable to fine, or with death.

(2) The fine imposed under sub-section

(1) shall be just and reasonable and paid

to the victim to meet the medical expenses

and rehabilitation of such victim.”.

6. Amendment of section 9.— In section 9

of the Principal Act,—

(i) in clause (s), for the words “communal

or sectarian violance”, the words

“communal or sectarian violence or during

any natural calamity or in any similar

situations” shall be substituted;

(ii) after clause (u), the following clause

shall be inserted, namely:—

“(v) whoever persuades, induces,

entices or coerces a child to get

administered or administers or direct

anyone to administer, help in getting

administered any drug or hormone or

any chemical substance, to a child with

the intent that such child attains early

sexual maturity;”.

7. Substitution of new section for section

14.— For section 14 of the principal Act, the

following section shall be substituted,

namely:—

“14. Punishment for using child for

pornographic purposes.— (1) Whoever

uses a child or children for pornographic

purposes

shall

punished

with

imprisonment for a term which shall not

be less than five years and shall also be

liable to fine, and in the event of second or

subsequent conviction with imprisonment

for a term which shall not be less than

seven years and also be liable to fine.

(2) Whoever using a child or children

for

pornographic

purposes

under

sub-section (1), commits an offence referred

to in section 3 or section 5 or section 7 or

section 9 by directly participating in such

pornographic acts, shall be punished for

the said offences also under section 4,

section 6, section 8 and section 10,

respectively, in addition to the punishment

provided in sub-section (1).”.

8. Substitution of new section for section

15.— For section 15 of the principal Act, the

following section shall be substituted,

namely:—

“15. Punishment for storage of

pornographic material involving child.— (1)

Any person, who stores or possesses

pornographic material in any form involving

a child, but fails to delete or destroy or

report the same to the designated authority,

as may be prescribed, with an intention to

share or transmit child pornography, shall

be liable to fine not less than five thousand

rupees, and in the event of second or

subsequent offence, with fine which shall

not be less than ten thousand rupees.

(2) Any person, who stores or

possesses pornographic material in any

form involving a child for transmitting or

propagating or displaying or distributing

in any manner at any time except for the

purpose of reporting, as may be prescribed,

or for use as evidence in court, shall be

punished with imprisonment of either

description which may extend to three

years, or with fine, or with both.

(3) Any person, who stores or

possesses pornographic material in any

form involving a child for commercial

purpose shall be punished on the first

conviction with imprisonment of either

description which shall not be less than

three years which may extend to five years,

or with fine, or with both, and in the event

of second or subsequent conviction, with

imprisonment of either description which

shall not be less than five years which may

extend to seven years and shall also be

liable to fine.”.

9. Amendment of section 34.— In

section 34 of the Principal Act, for

the words, brackets and figures “the

Juvenile

Justice

(Care

and

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 52

26TH MARCH, 2020

1694

Protection of Children) Act, 2000”,

the words, brackets and figures “the

Juvenile

Justice

(Care

and

Protection of Children) Act, 2015”

shall be substituted.

10. Amendment of section 42.—

In section 42 of the principal Act,

for the figures, letter and words

“376E or section 509 of the Indian

Penal Code”, the figures, letters and

words “376E, section 509 of the

Indian Penal Code or section 67B of

the Information Technology Act,

2000” shall be substituted.

11. Amendment of section 45.— In section

45 of the principal Act, in sub-section (2),

clause (a) shall be re-lettered as clause (ab)

thereof and before clause (ab) as so

re-lettered, the following clauses shall be

inserted, namely:—

“(a) the manner of deleting or destroying

or reporting about pornographic material

in any form involving a child to the

designated authority under sub-section (1)

of section 15;

(aa) the manner of reporting about

pornographic material in any form involving

a child under sub-section (2) of section 15;”.

———ttt———

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