The POCSO Act, 2012 came into force with effect on November 14, 2012, along with the Rules framed thereafter. The Act is a comprehensive law enacted to protect children from a slew of sexual offenses like sexual assault, sexual harassment, and pornography while safeguarding the interests of the child at every stage of the judicial process by introducing a child-friendly mechanism for reporting, recording evidence, investigation and speedy trial of offenses through special courts.
This law defines a child as any person below the age of 18 years. It defines different forms of sexual offenses including penetrative and non-penetrative assault, and even sexual harassment and pornography.
THREE MAJOR TAKEAWAY FROM RULES
Any children’s housing institution or coming in regular contact with them is required to conduct a periodic police verification and a thorough background check of each employee who interacts with a child.
An institution must give special regular training to sensitize its employees on child safety and their protection.
More importantly, it has to adopt a child protection policy that is based on the principle of zero tolerance for violence against children.
What is the minimum punishment provided under Pocso Act 2012?
The POCSO Bill seeks to award strong punishment in cases of drugs being administered to children to bring about early sexual maturity. Speaking on the Bill, Irani said the legislation introduced a minimum jail term of 20 years or for the entire life and death penalty in rare cases according to the courts’ discretion.
Is the POCSO Act Bailable?
Children who are the incarnations of the almighty are treated in very bad conditions. But it is well said that whenever and wherever any wrong activity happens, the almighty gives the directions to correct that mistake. As a result, the Indian Judiciary made a law known as POCSO Act, 2012, which talks about the protection of child rights from Sexual Offences. The culprits use the children for satisfying their lust. The author wonders, how can a man be so much cruel that he rapes his daughter, who is just 12 years old?
As per POCSO Act, the offenses are considered a non-bailable offences. The author has very beautifully enshrined the purpose of this act, through various amendments in the said Act. The Author has nicely explained this act through various illustrations, and the author has used some of the constitutional provisions to explain it in a more detailed manner.
As per POCSO Act, the offenses are considered a non-bailable offences. The author has very beautifully enshrined the purpose of this act, through various amendments in the said Act. The Author has nicely explained this act through various illustrations, and the author has used some of the constitutional provisions to explain it in a more detailed manner.
Nowadays, it has been observed that people tend to misuse such sexual harassment laws. To mainly get compensation from the court persons started to misuse such laws. But the law is equal for all. Where there is no such prima facie evidence in the case then the court will give the order to IO (Investigation Officer) to have a strong Investigation and then file a proper Charge sheet before the court. So, concerning a chance of getting bail, the whole matter is depending on the completion of the filing of the charge sheet before the court.
PRIMARY FEATURES OF POCSO ACT, 2012:
The Act is a statute comprising 46 sections.
The whole Act regards the best interest of the child as a matter of chief importance and aims to aid in the healthy physical, mental, and social development of a child.
The Act is gender-neutral but at the same time ensures to cover all the aspects that only a specified group of gender could face. For example- dealing with the pregnancy of a female child as a result of any sexual activity is an offense according to the Act.
The Act defines a child as any person below the age of eighteen years [Section 2(d)].
Section 2 of the Act defines all the central terms like sexual assault, child pornography, penetrative sexual assault, etc. which are taken from other statutes like Indian Penal Code, 1860, etc.
The Act deals with the matter of child pornography and the circulation and possession of digital content of such activities as well.
The Act prescribes a child-friendly reporting and investigating system. At every step, the mental condition of the abused child is given an extreme and yet much-needed devotion.
Section 24 of the Act deals with the recording of the statement of the abused child, which clearly says:
The statement of the child shall be recorded at the residence of the child or at a place where he usually resides or at the place of his choice and as far as practicable by a woman police officer, not below the rank of sub-inspector.
The police officer while recording the statement of the child shall not be in uniform.
The police officer making the investigation, shall while examining the child, ensure that at no point time the child comes in contact in any way with the accused.
No child shall be detained in the police station at the night for any reason.
The police officer shall ensure that the identity of the child is protected from the public media unless otherwise directed by the Special Court in the interest of the child.
Special juvenile police units as well as the local police are authorized to take reports of child sexual abuse, under this Act.
The Act designates special courts to try the matters of child sexual abuse. Section 28 (1) of the Act states:
“For the purposes of providing a speedy trial, the State Government shall in consultation with the Chief Justice of the High Court, by notification in the Official Gazette, designate for each district, a Court of Session to be a Special Court to try the offenses under the Act.”
OFFENCES COVERED UNDER THE ACT
Penetrative sexual assault-
According to section 3 of the Act, a person is said to commit ‘penetrative sexual assault’ if he penetrates or manipulates any part of the child’s body to penetrate his penis, or any other object into the vagina, mouth, urethra, or anus of the child, or makes the child do so with him or any other person.
He applies his mouth to the penis, vagina, anus, urethra of the child or makes the child to do so to such person or any other person.
Aggravated penetrative sexual assault-
A person commits aggravated penetrative sexual assault if the person who commits penetrative sexual assault is a (an)-
Police officer, in course of his duty or otherwise.
Member of armed or security forces, in course of his duty or otherwise.
Member of the management or the staff of a jail, remand home, protection home, observation home, or other places of custody or care and protection established by or under any law for the time being in force.
Member of the management or is a staff of a hospital, whether Government or private, an educational institution or religious institution, or any institution providing services to the child.
A person using deadly weapons, fire, heated substance or corrosive substance or causing grievous hurt to the sexual organs of the child.
A person who incapacitates or causes the child to become mentally ill as or causes impairment of any kind after sexually assaulting the child.
A person who makes a female child pregnant as a consequence of sexual assault, or knows that the girl is pregnant.
A person who inflicts the child with Human Immunodeficiency Virus or any other life-threatening disease or Infection or, Causes the death of the child or attempts to murder the child.
A person who commits the assault by taking advantage of a child’s mental or physical disability, or more than once or repeatedly, or below twelve years.
A relative of the child through blood or adoption or marriage or guardianship or in foster care or having a domestic relationship with a parent of the child or who is living in the same or shared household with the child commits penetrative sexual assault on such child.
The person committing in the course of communal or sectarian violence or during any natural calamity or in similar situations.
The person is previously convicted of having committed any offense under this Act or any sexual offense punishable under any other law for the time being in force; or
A person who makes the assaulted child strip or parade naked in public.
Sexual Assault-
Whoever, with sexual intent, touches or makes the child touch the vagina, penis, anus, or breast of the child or such person or any other person respectively, or does any other act with sexual intent which involves physical contact without penetration is said to commit sexual assault.
Whoever, with sexual intent, touches or makes the child touch the vagina, penis, anus, or breast of the child or such person or any other person respectively, or does any other act with sexual intent which involves physical contact without penetration is said to commit sexual assault.
Aggravated Sexual Assault-
A person commit aggravated sexual assault if-
The provisions of aggravated penetrative sexual assault are contented. (The conditions are same for both, where the only difference is between penetrative sexual assault and sexual assault.)
He induces or coerces a child to get administered any drug or any chemical substance, to a child with the intent that such child attains early sexual maturity.
Sexual Harassment-
A person commits sexual harassment, under this Act, upon a child when such person with sexual intent-
Utters any word, or makes any gesture or exhibits any object or part of body with the intention to be heard or seen by the child.
Summary of Protection of Children from Sexual Offences (POCSO) Act, 2012
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In order to more proficiently curb the heinous sexual crimes and offences done against children, the Ministry of Women and Child Development introduced a new Act. Protection of children from sexual offences (POCSO) Act, 2012 was passed by the Indian Parliament on 14th November 2019 (see here). This Act is a comprehensive set of laws to protect children from sexual abuse, pornography, harassment. This Act also provides for children with easier yet effective judicial procedure and child-friendly mechanism for reporting, investigating, evidence collecting, etc. The Act also provides for special courts to deal with such matters.
PRIMARY FEATURES OF POCSO ACT, 2012
The Act is a statute comprising of 46 sections.
The whole Act regards the best interest of child as a matter of chief importance and aims to aid in healthy physical, mental, and social development of child.
The Act is gender neutral but at the same time ensures to cover all the aspects that only specified group of gender could face. For example- dealing with pregnancy of female child as a result of any sexual activity that is an offence according to the Act.
The Act defines child as any person below the age of eighteen years [Section 2(d)].
Section 2 of the Act defines all the central terms like sexual assault, child pornography, penetrative sexual assault, etc. which are taken from other statutes like Indian Penal Code, 1860, etc.
The Act also deals with the matter of child pornography and circulation and possession of digital content of such activities as well.
The Act prescribes for a child-friendly reporting and investigating system. At every step, mental condition of the abused child is given an extreme and yet much-needed devotion. Section 24 of the Act deals with recording of statement of the abused child, which clearly
says:
The statement of the child shall be recorded at the residence of the child or at a place where he usually resides or at the place of his choice and as far as practicable by a woman police officer not below the rank of sub-inspector.
The police officer while recording the statement of the child shall not be in uniform.
The police officer making the investigation, shall, while examining the child, ensure that at no point of time the child come in the contact in any way with the accused.
No child shall be detained in the police station in the night for any reason.
The police officer shall ensure that the identity of the child is protected from the public media, unless otherwise directed by the Special Court in the interest of the child.
Special juvenile police unit as well as the local police are authorized to take reports of child sexual abuse, under this Act.
The Act designates special courts to try the matters of child sexual abuse. Section 28 (1) of the Act states:
“For the purposes of providing a speedy trial, the State Government shall in consultation with the Chief Justice of the High Court, by notification in the Official Gazette, designate for each district, a Court of Session to be a Special Court to try the offences under the Act.”
OFFENCES COVERED UNDER THE ACT
Penetrative Sexual Assault-
According to section 3 of the Act, a person is said to commit ‘penetrative sexual assault’ if he penetrates or manipulates any part of the child’s body so as to penetrate his penis, or any other object into the vagina, mouth, urethra or anus of the child, or makes the child do so with him or any other person.
He applies his mouth to the penis, vagina, anus, urethra of the child or makes the child to do so to such person or any other person.
Aggravated Penetrative Sexual Assault-
A person commits aggravated penetrative sexual assault if the person who commits penetrative sexual assault is a (an)-
Police officer, in course of his duty or otherwise.
Member of armed or security forces, in course of his duty or otherwise.
Member of the management or the staff of a jail, remand home, protection home, observation home, or other place of custody or care and protection established by or under any law for the time being in force.
Member of the management or is a staff of a hospital, whether Government or private, an educational institution or religious institution or any institution providing services to the child.
Person using deadly weapons, fire, heated substance or corrosive substance or causing grievous hurt to the sexual organs of the child.
Person who incapacitates or causes the child to become mentally ill as or causes impairment of any kind after sexually assaulting the child.
Person who makes a female child pregnant as a consequence of sexual assault, or knows that the girl is pregnant
Person who inflicts the child with Human Immunodeficiency Virus or any other life threatening disease or Infection or, Causes death of the child, or attempts to murder the child.
Person who commits the assault by taking advantage of a child’s mental or physical disability, or more than once or repeatedly, or below twelve years.
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A relative of the child through blood or adoption or marriage or guardianship or in foster care or having a domestic relationship with a parent of the child or who is living in the same or shared household with the child, commits penetrative sexual assault on such child.
Person committing in the course of communal or sectarian violence or during any natural calamity or in similar situations.
Person is previously convicted of having committed any offence under this Act or any sexual offence punishable under any other law for the time being in force; or
Person who makes the assaulted child to strip or parade naked in public.
Sexual Assault-
Whoever, with sexual intent touches or makes the child touch the vagina, penis, anus or breast of the child or such person or any other person respectively, or does any other act with sexual intent which involves physical contact without penetration is said to commit sexual assault.
Aggravated Sexual Assault-
A person commit aggravated sexual assault if-
The provisions of aggravated penetrative sexual assault are contented. (The conditions are same for both, where the only difference is between penetrative sexual assault and sexual assault.)
He induces or coerces a child to get administered any drug or any chemical substance, to a child with the intent that such child attains early sexual maturity.
Sexual Harassment-
A person commits sexual harassment, under this Act, upon a child when such person with sexual intent-
Utters any word, or makes any gesture or exhibits any object or part of body with the intention to be heard or seen by the child.
Makes a child exhibit his body or any part of his body so as it is seen by such person or any other person.
Shows any object to a child in any form or media, or entices the child or gives gratification for pornographic purposes.
Repeatedly or constantly follows or watches or contacts a child either directly or through electronic, digital or any other means; or
Threatens to use, in any form of media, a real or fabricated, of any part of the body of the child or the involvement of the child in a sexual act.
CONCLUSION
In order to more proficiently curb the heinous sexual crimes and offences done against children, the Ministry of Women and Child Development introduced a new Act. Protection of children from sexual offences (POCSO) Act, 2012 was passed by the Indian Parliament on 14th November 2019. This Act is a comprehensive set of laws to protect children from sexual abuse, pornography, harassment. This Act also provides for children with easier yet effective judicial procedure and child-friendly mechanism for reporting, investigating, evidence collecting, etc. The Act also provides for special courts to deal with such matters