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Understanding the POSCO Act 2012

The document discusses the Protection of Children from Sexual Offences (POCSO) Act of India from 2012. It outlines the need for the act, key aspects of the act including defining a child, covered offenses, mandatory reporting requirements, and principles to be followed. It also discusses some myths, features of the act, types of offenses, reporting procedures, guidelines for trials, handling of offenses, and new POCSO rules.

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rdeep.sachdeva
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61 views11 pages

Understanding the POSCO Act 2012

The document discusses the Protection of Children from Sexual Offences (POCSO) Act of India from 2012. It outlines the need for the act, key aspects of the act including defining a child, covered offenses, mandatory reporting requirements, and principles to be followed. It also discusses some myths, features of the act, types of offenses, reporting procedures, guidelines for trials, handling of offenses, and new POCSO rules.

Uploaded by

rdeep.sachdeva
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PPTX, PDF, TXT or read online on Scribd

FACETS OF POSCO

ACT
Submitted by:-
Prabhmeet Singh Sodhi
NEED FOR POSCO ACT
• As per Census 2011, India has one of the
world’s largest population of Children (About
472 million)
• Article 21(9) of Indian Constitution guarantees
Protection to Children by State
• India as signatory to the UN Convention on the
Rights of the Child.
POSCO ACT, 2012
• Defined Child as any person below 18 years of age
• Covers both Boys and Girls
• Provides protection to children from the
offences of
• sexual assault,
• sexual harassment and
• pornography
SOME MYTHS BUSTED…..

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p p en not h a si ly
Ha
i r l s…. Do e s
c ated Is e
e …..
to g du
in e es….. a b l
li d et e ct
fa m i

l l y to
a
usu ar
p e n
n c lude Hap who we
o t be ays i girls ealing
Ca nn
…. Alw ysical rev s….
e d … ph ….. e
stopp t a c t c lot h
con
FEATURES OF POSCO ACT, 2012

Child = Less than Different types of Mandatory


18 years of age Sexual Offences Reporting & False Reporting
Recording

Emergency Child Friendly


Medical Care Care & Protection Procedure

Special Court Compensation


OFFENCES COVERED
• Penetrative Sexual Assault [Section 3]
• Aggravated Penetrative Sexual Assault [Section 5]
• Sexual Assault [Section 7]
• Aggravated Sexual Assault [Section9]
• Sexual Harassment [Section11]
• Using a Child for Pornography [Section 13]
• Unsuccessful Attempt is also covered [Section 16]
REPORTING OF OFFENCE
• Mandatory for every individual to report the
case of child abuse
• Stringent Punishment for not Reporting
• Police to register FIR Mandatorily in such
cases
• Further Reporting by Police to Child
Welfare Committee within 24 hours.
GUIDING PRINCIPLES AT THE PRE-
TRIAL AND DURING TRAIL
• Right to Life and Survival
• In the best Interest of the Child
• Right to be treated with Dignity & Compassion
• Right to be protected from Discrimination
• Right to Special Preventive Measures
• Right to be Informed
• Right to be heard and to express views and concerns
• Right to Effective Assistance, Privacy, Safety and
Compensation
HANDLING OFFENCES
• Child not to be called repeatedly to testify in court
• Timeline of 1 year from the date of reporting of offence to dispose off the
child abuse case
• Special Court can determine the amount of compensation to be paid to the
Child
• Identity of the Child to be kept secret
NEW POSCO RULES
• New POCSO rules became effective from March 9.
• Provision of mandatory police verification & Background
Check of staff in schools and care homes,
• Procedures to report sexual abuse material (pornography),
• Imparting age-appropriate child rights education among
others.
• Orientation Programme and intensive courses may also
be organized for Police Personnel and Forensic Experts
THANKS

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