The protection of children from sexual offences

1.

THE PROTECTION OF CHILDREN
FROM SEXUAL OFFENCES
(POCSO) ACT, 2012
PATEL DEVANSH
17LL4(a)

2.

THE PROTECTION OF CHILDREN FROM
SEXUAL OFFENCES ACT, 2012
• COUNTRY : INDIA
• ADOPTED ON : 19th JUNE
2012

3.

GOALS OF (POCSO) ACT
2012
To provide robust legal framework for
protection of children from offences
of sexual assault, sexual harassment
and pornography, while safeguarding
the interest of child at every stage of
judicial process.

4.

PRINCIPLES OF (POCSO) ACT
2012
• Principle of the Act seeks to put
children first by making it easy to use
by including mechanisms for childfriendly reporting, recording of
evidence, investigation and speedy
trial of offences through designated
Special Courts.

5.

CONTENT OF (POCSO) ACT 2012
Offences under the Act
• It recognises forms of penetration other than
penile-vaginal penetration and criminalises acts of
immodesty against children too.
Includes:
• Penetrative Sexual Assault: Insertion of
penis/object/another body part in child's
vagina/urethra/anus/mouth, or asking the child to
do so with them or some other person.

6.

Offences under the Act
• Sexual Assault: When a person touches the child,
or makes the child touch them or someone else.
• Sexual Harassment: passing sexually coloured
remark, sexual gesture/noise, repeatedly
following, flashing, etc.
• Child Pornography.
• Aggravated Penetrative Sexual Assault/
Aggravated Sexual Assault.

7.

Child-friendly Process
• Provides for various procedural reforms, making
tiring process of trial in India considerably easier
for children.
• Been criticised as its provisions seem to
criminalise consensual sexual intercourse
between two people below the age of 18.
• The 2001 version of Bill did not punish
consensual sexual activity if one or both partners
were above 16 years.

8.

Child Welfare Committee (CWC)
• Sexually abused child is considered "child in need
of care and protection" under Juvenile Justice
Act, 2015.
• Police officer should inform CWC about every
case within 24 hours.
• Can appoint support person for child who will be
responsible for psycho-social well-being of child,
also liaise with police, and keep child and child's
family informed about progress in case.

9.

Mandatory Reporting
• According to Act, every crime of child sexual
abuse should be reported.
• If person who has information of any abuse fails
to report, may face imprisonment up to six
months or fined or both.
• There may be many survivors who do not want to
go through trauma of criminal justice system, but
this provision does not differentiate.

10.

PRACTICAL REALIZATION OF
(POCSO) ACT 2012
• A study on status of implementation of Act was
conducted and released in May 2018.
• It surveyed 17 districts and 147 stakeholders,
including police, hospitals, child welfare
committees, special public prosecutors, Juvenile
Justice Boards and community-based
organisations.
• Of these, an important stakeholder was police
force, responsible for executing the Act.

11.

PRACTICAL REALIZATION OF
(POCSO) ACT 2012
• 98 per cent of them, when asked if there was
increase in reporting of cases of sexual offences
against children, said there was a definite rise.
• Among reasons given for rise by respondents:
increased social awareness on issue, disputed love
relationships involving children between 16 and
18 especially in instances where girl’s parents are
not in favour of matter, several actions were not
considered offences under any law were now
counted as offences.

12.

PRACTICAL REALIZATION OF
(POCSO) ACT 2012
• According to information given by Minister of
State for Women and Child Development to Rajya
Sabha in February 2018, a total of 1,04,976 cases
were registered from 2014-2016.
• Total number of cases registered in 2014 were
34,449, which saw an increase to 34,505 in 2015
and 36,022 in 2016.

13.

SIGNIFICANCE OF (POCSO) ACT
2012
• Act defines a child as any person below eighteen
years of age, and regards best interests and
welfare of child as matter of paramount
importance at every stage, to ensure healthy
physical, emotional, intellectual and social
development of child.
• The act is gender neutral.