Protection of Children against
Sexual Offences
(POCSO)Act,2012
The Act defines a child
lists out the sexual offences against
Children
or
Provides for their punishment
India is home to the largest percentage of
children in the world, out of which about 42%
are children below 18.
One of the biggest evils the country is battling is
Child Sexual Abuse
In order to address the problem of CSA through
less ambiguous and more stringent legal
provisions, the POCSO Act was formulated in
June 2012.
The Protection of Children from Sexual Offences
Act,2012
The Protection of Children from Sexual Offences Act,2012 came
into force on 14 November 2012.The Act was passed in the Indian
Parliament in May 2012.The act under its ambit defines child as a
person below the age-group of 18 and is gender neutral and have a
clear defination for all types of sexual abuses like sexual
harassment, penetrative and non-penetrative sexual abuse and
pornography.
Who come under this Act?
All children whether male or female below the
age of eighteen come under this ACT.
It extends to the whole of India, except the state
of Jammu and Kashmir.
Salient Features of the POCSO Act
Child Friendly
Child is given police protection during the
Investigative Procedure
Can avail Emergency Medical Treatment
Provisions for avoiding re-victimisation of the child
Special Court to decide compensation for the child
Can testify through Video-link
A CSA case should be disposed within one year of
reporting
Types of Sexual Offences against children
Penetrative sexual assault
Aggravated penetrative sexual assault
Sexual assault
Aggravated sexual assault
Sexual harassment
Using child for pornographic purposes
Penetrative Sexual Assault An offence
It involves penetration of penis into vagina, mouth,
urethra or anus of a child, or
Making the child to do so, or
Manipulates any body part so as to cause the
penetration, or
Applying his mouth to those organs or making the child
to do so.
Aggravated penetrative sexual assault
The penetrative sexual assault when done by a police
officer, armed personnel, jail officers, hospital staff, staff
of educational institutions, public servants etc, is treated
as aggravated penetrative sexual assault
Any sexual assault using deadly weapons is an
aggravated one
Repeated sexual assault of persons in charge of
children, assault by relatives, assault if child is of mental
impairment etc comes under this
Punishment is for ten years or more
Sexual Assault
Touching the vagina, penis, anus or breast of the child with sexual
intent or causing the child to touch others similarly comes under
this
Punishment is jail term form 3 years to 5 years
Aggravated Sexual Assault
Sexual assault done by police officer armed personnel, jail officers,
hospital staff, staff of educational institutions, public servants etc
Sexual assault using deadly weapons
sexual assault assault of persons in charge of children, assault by
relatives, assault if child is of mental impairment etc comes under
this
Sexual Harassment
Uttering words, making sound or gestures, exhibiting objects etc with
sexual intent or
Making the child exhibits any body part
Showing any object to a child for pornographic purpose
Using any media item for sexual abuse and threatening or enticing a child
for pornographic purpose
Punishment up to three years/with fine
Using child for pornographic purpose
Use of a child for pornographic purpose in any form of media for sexual
gratification
Punishment for this offence extends to 5 to 10 years depending on the
nature of offence.
Storage of pornographic materials involving child is punishable Punishment
with 3 years.
Abetment of an offence
Abetment of an offence involving child is punishable
Engaging in a conspiracy, suppressing information ,wilful
representation of facts, facilitating an offence transporting a child
etc relating to child come under this offence
Punishment for abetment is equitant to the punishment for an
offence under this act
Even an attempt commit an offence is punishable.
Procedure
For Reporting a
Case
When an offence Happens/likely to
Happen
Inform special Juvenile Police Unit or the Local Police
They will put an umber and record the information in simple language in the
book kept in the unit
If the child needs care or protection the police unit will make arrangements
within 24 hours
Inform the Child Welfare Committee or Special Court within 24 hours
Procedure for Recording Statement of
the Child
The statement of the child to be recorded at the normal residence of
the child or its choice by a police officer preferably women
The officer not to wear uniform while recording
The child shouldn’t come in contact with the accused
The identity of the child shall not be revealed
Recording of the Statement by the
Magistrate
The Magistrate shall record the statement as the child states in its
language, in the presence of someone the child trusts
Do not allow the advocate to be present while recording
The Magistrate shall provide the police report to the child or its
parents
Medical Examination of the
Child
Conduct a medical examination of the child
The examination shall be by a woman doctor if the victim is a girl
The examination shall be before the parents or someone like that
If such a person is not available, a women official of the medical
institution must be present.
Special Courts for POCSO Cases
A Court of session shall be made a Special Court for POCSO: The Second
Additional District Court is made the Special Court
The Court shall presume that the person being prosecuted has committed
the crime unless the contrary is proved
Similarly the Court shall presume mental culpability of the accused until
the contrary is proved
The accused has to prove them beyond reasonable doubt but not on the
basis of preponderance of probability.
Special Public Prosecutor
o Appoint a special prosecutor for POCSO cases
o He/she shall have seven years of experience
-Procedure of the Court
The court may take cognisance of the offence on receiving a
complaint or of facts or the police report
The public prosecutor/ the counsel for the accused shall put the
question to the court and the court in turn will put those question to
the child in trial
The examination shall be child friendly atmosphere
Aggressive question shall be avoided
The child’s identity to kept undisclosed
-Procedure of the Court
The court may take cognisance of the offence on receiving a complaint or of facts or
the police report
The public prosecutor/ the counsel for the accused shall put the question to the court
and the court in turn will put those question to the child in trial
The examination shall be child friendly atmosphere
Aggressive question shall be avoided
The child’s identity to kept undisclosed
Procedure of the Court-
Continues
The recording shall be done within 30 days of taking cognisance
The trial shall be completed within one year
The child shall not see the accused during the proceedings
In the trial of case in camera proceedings to be followed
If childs needs other place for trial, that can be allowed
The child can take assistance of legal practiitioner
Special Juvenile Police Unit
(SIPU)
The unit comprises Deputy superintendent of police as officer in charge, and
Insepector of the police women cell as assisting officer, and
Four civil police officer
The unit has liasion with District Child Protection Unit, Child Welfare
Committee, Juvenile Justice Board, Child Labour Dept, Education Dept,
Health Dept. etc and conducts monthly review meeting of those departments.
Activities of Special Juvenile Police Unit
Rescue or Rehabiliation of Child Victims
Counseling
Visiting of Schools, Colonies, Orphanages etc
Conduct awareness classes for women and children
Shadow patrolling at Railway stations, Bus Stands, Pilgrim Centers, Tourist
Places etc
Petition enquiry
Reporting of Child Abuse
Mandatory
The reporting of cases of child sexual abuse to the law enforcement
authorities, is mandatory for all
Failure to report a case of child abuse is an offence
Reporting is obligatory even if the information is acquired as part of
professional duties with a confidential relationship
Any private person who fails to report a case of child abuse is committing
an offence
Judicial Pronouncement
State (Nct Of Delhi) vs has not been duly corroborated,
Raman Kumar on 17 March, by non-examination of material
2017 witnesses i.e. neighbours and
This case is related to the Child kids in the neighbourhood of
Victim. accused, who were available,
therefore, in these facts,
In the present case, since it has
presumption stands rebutted by
come on record that child
accused and it will not be safe
victim is a tutored witness and
to rely upon the testimony of
the identification of accused at
child victim. Accordingly,
the police station and in the
accused is acquitted for the
court is also doubtful and
offence u/s 366/342 IPC and u/s
having regard to the fact that
6 POCSO Act. Personal
even testimony of child victim
bond/surety bond, if any of
is not reliable and trustworthy
accused is discharged.
and evidence of child victim
State Of Karnataka v. Naveena A.T. on 22
February,2016
The case is related under 19/12/2014 and Investigating
Secs.448, 506, 363, 376 OF IPC Officer has recorded the
and under section 4, 5(1) of statement of the victim girl. She
POCSO Act and cancel the said has clearly stated that, there was
order of bail and direct that the no force by the accused to
accused be arrested and commit rape on her. She has
committed to custody. given the statement before the
learned Magistrate. The victim
The case on hand relates
girl is aged about 17 years and
to the respondent- accused
she was pregnant. He is in
kidnapping a minor girl who is
judicial custody since
aged about 17 years and
20/12/2014. The investigation is
forcibly committing rape on her.
over and the charge sheet has
During the investigation, the
been filed against the
victim girl and respondent
respondent- accused.
accused were traced on
Conclusion
The POCSO Act 2012 looks into a support system for children
through a friendly atmosphere in the criminal justice system with the
existing machinery i.e. the CWC and the commission. The positive aspect
is the appointment of the support person for the child who would assist
during investigation, pre-trial, trial and post-trial. The major challenge
also would be convergence between different entities under different
legislation. The act makes it mandatory to report to the police about any
offence defined under POCSO Act 2012.
