è THE PROTECTION OF CHILDREN FROM SEXUAL OFFENSES ACT (POCSO) 2012.
The protection of children from sexual
offenses act 2012 came into force from 14th November. 2012. It has
been enacted to protect children from offenses of sexual abuse and exploitation.
v SALIENT FEATURES:
1. Definition of a Child:
o
A child,
according to the POCSO Act, is anyone below the age of 18 years.
o
The act
provides protection to all children under 18 from sexual offences like assault,
harassment, and pornography.
2. Punishments:
o
The act
prescribes strict punishments based on the severity of the offence:
§ Ranging from simple to rigorous imprisonment.
§ Courts can also impose fines.
§ The severity of punishment depends on the
specific offence committed.
3. Aggravating Factors:
o
Certain
situations make an offence more serious:
§ When committed by a person in a position of
trust or authority over a child (e.g., security forces, police officers, public
servants). Such cases are treated as aggravated.
4. Specific Offences and Penalties:
o
Here are
some examples:
§ Penetrative Sexual Assault: (Section 3)
§ Not less than seven years, which may extend to
imprisonment for life and fine.
§ Aggravated Penetrative Sexual Assault: (Section 5)
§ Not less than 10 years, which may extend to
imprisonment for life and fine.
§ Sexual Assault (Without Penetration): (Section 7)
§ Three to five years of imprisonment and fine.
§ Aggravated Sexual Assault by a Person in
Authority: (section 9)
§ Assault by someone in a position of authority.
§ Punishment: 5 to 7 years and fine.
§ Sexual Harassment of a Child: (Section 11)
§ Punishment: 3 years and fine.
§ Use of Child for Pornographic Purposes: (section 13)
§ Punishment: 5 years and fine; subsequent
conviction: 7 years and fine.
5. Special Courts: The POCSO Act establishes
special courts specifically for handling cases related to child sexual
offences. These courts focus on ensuring justice while considering the best
interests of the child.
6. Child-Friendly Procedures: Throughout the legal
process, the well-being of the child is prioritized. Here are some
child-friendly measures:
o Recording Statements:
§ The child’s statement is
taken where they feel comfortable, preferably by a woman police officer.
§ Police officers should not
wear uniforms while recording a child’s statement.
§ The child’s statement is
recorded exactly as spoken by the child.
o No Night Detentions: Children are not held at
police stations overnight.
o Expert Assistance: Interpreters or special
educators help communicate with the child.
o Sensitive Medical
Examinations:
§ These occur in the presence
of a trusted person (parent or caregiver).
§ For girl victims, medical
examinations are conducted by women doctors to ensure sensitivity and comfort.
o Trial Considerations:
§ Frequent breaks during
trial, avoiding aggressive questioning, and protecting child witnesses.
§ During the trial,
proceedings are held in-camera (privately) to protect the child witness.
7. Intent Matters: Even if someone doesn’t
succeed in committing an offence, just planning or trying to do it can lead to
punishment under the POCSO Act. The penalty is usually half of what they would
have faced if they had succeeded.
8. Reporting Responsibility and
Abetment:
o If someone knows about the
commission of an offence under the POCSO Act, they must report it.
o Failing to report can lead
to punishment, which could be imprisonment for up to 6 months or a fine.
o Abetment (assisting or
encouraging wrongdoing) is taken seriously under this law.
9. Burden of Proof Shifted:
o For serious offences like
penetrative sexual assault, aggravated penetrative sexual assault, sexual
assault, and aggravated sexual assault, the accused bears the burden of proving
their innocence.
o This shift recognizes the
vulnerability of children and aims to prevent injustice.
10. Punishment for False
Complaints:
o The law penalizes making
false complaints or providing false information with malicious intent.
o These penalties are
intentionally kept relatively light to encourage reporting.
o However, if a false
complaint is made against a child, the punishment is more severe.
11. Child Identity Protection: (Section
23)
o Media cannot reveal the
child’s identity without special court permission.
o Breaching this rule may
result in a punishment of 6 months to one year.
12. Speedy Trial Measures: (Section
35)
o Child’s evidence recorded
within 30 days.
o Special court aims to
complete the trial within one year.
13. Immediate Relief and Rehabilitation:
o When a complaint is made to
the Special Juvenile Police Unit (SJPU) or local police, they take swift
action.
o Within 24 hours, they
arrange for the child’s care and protection:
§ Admitting the child to a
shelter home or the nearest hospital.
o Additionally, they report
the matter to the Child Welfare Committee for long-term rehabilitation.
14. Public Awareness:
o The central and state
governments are responsible for using media (TV, radio, print) to regularly
inform the public, children, parents, and guardians about the provisions of the
POCSO Act.
15. Monitoring Authority:
o The National Commission for
the Protection of Child Rights (NCPCR) and State Commissions for the Protection
of Child Rights (SCPCRs), is responsible for monitoring the implementation of
the Act.
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