POCSO Act in India

pocso


Introduction

The Protection of Children from Sexual Offences (POCSO) Act, 2012, is a comprehensive legislation in India aimed at providing for the protection of children from sexual abuse and exploitation. The act was enacted to address the rising cases of sexual offences against children in India, and to ensure the speedy and effective investigation, prosecution, and trial of such offences.

The POCSO Act defines a child as any person below the age of eighteen years, and it provides for the protection of children from various sexual offences, such as sexual assault, sexual harassment, and pornography. The act also provides for the establishment of special courts for the trial of offences under the act, and it prescribes stringent punishments for those convicted of such offences.

In this blog post, we will discuss the provisions of the POCSO Act in detail, including the definition of sexual offences under the act, the procedure for reporting such offences, the investigation and trial of cases under the act, and the punishments prescribed for offenders. We will also examine the effectiveness of the act in addressing the problem of sexual offences against children in India.

Sexual Offences Under the POCSO Act

The POCSO Act defines several sexual offences against children, which are as follows:

Penetrative Sexual Assault: This offence is committed when a person engages in sexual intercourse with a child or penetrates the child's genitalia, anus, or mouth with any part of the body or object.

Aggravated Penetrative Sexual Assault: This offence is committed when a person commits penetrative sexual assault on a child who is under the age of twelve years, or when the offence is committed by a person in a position of trust or authority over the child.

Sexual Assault: This offence is committed when a person touches the child's private parts or causes the child to touch the offender's private parts or any other part of the body for sexual gratification.

Aggravated Sexual Assault: This offence is committed when a person commits sexual assault on a child who is under the age of twelve years, or when the offence is committed by a person in a position of trust or authority over the child.

Sexual Harassment: This offence is committed when a person makes any unwelcome sexual advances or sexually coloured remarks towards a child.

Using a Child for Pornographic Purposes: This offence is committed when a person uses a child for the production of pornography or for the purposes of sexual gratification.

Distributing or Possessing Pornographic Material Involving a Child: This offence is committed when a person distributes, sells, or possesses any pornographic material involving a child.

Reporting of Sexual Offences under the POCSO Act

Any person who has reason to believe that a child has been sexually abused or exploited can report the offence to the police or the Child Welfare Committee (CWC). The identity of the person making the report is kept confidential, and the person is protected from any harassment or retaliation.

The police are required to record the complaint and inform the CWC within twenty-four hours. The CWC is then responsible for ensuring the safety and well-being of the child, and for conducting a preliminary inquiry into the matter. The CWC may direct the child to undergo a medical examination and provide necessary medical and legal assistance to the child.

Investigation and Trial of Cases under the POCSO Act

The POCSO Act provides for the establishment of special courts for the trial of offences under the act. These courts are required to complete the trial within a period of one year from the date of filing of the charge sheet. The trial is conducted in-camera, which means that the proceedings are not open to the public.

The act also provides for the appointment of a special public prosecutor for

the trial of cases under the act. The special public prosecutor is responsible for ensuring that the prosecution is conducted in a fair and efficient manner, and that the interests of the child victim are protected.

The act also prescribes stringent punishments for those convicted of sexual offences against children. The punishment for penetrative sexual assault is imprisonment for a term of not less than ten years, which may extend to imprisonment for life. The punishment for using a child for pornographic purposes is imprisonment for a term of not less than five years, which may extend to imprisonment for life.

The act also provides for the mandatory reporting of sexual offences against children by certain professionals, such as doctors, teachers, and child care institutions. Failure to report such offences is punishable with imprisonment for a term of up to six months and/or a fine.

Effectiveness of the POCSO Act

Since its enactment in 2012, the POCSO Act has been instrumental in addressing the problem of sexual offences against children in India. The act has led to a significant increase in the reporting of such offences, and has resulted in the speedy and effective investigation and trial of cases under the act.

According to data from the National Crime Records Bureau, the number of cases of sexual offences against children increased from 8,904 in 2012 to 94,172 in 2019. While this increase in the number of cases may seem alarming, it is important to note that this is largely due to the increased reporting of such offences following the enactment of the POCSO Act.

The act has also led to the conviction of a large number of offenders, with a conviction rate of over 30% in cases registered under the act. This is a significant improvement from the low conviction rates in cases of sexual offences against children prior to the enactment of the act.

However, there are still several challenges in the implementation of the POCSO Act. One of the major challenges is the low awareness of the act among the general public, which often results in cases of sexual offences against children going unreported. There is also a need for better training of police personnel, prosecutors, and judges on the provisions of the act, and on how to handle cases of sexual offences against children.

Conclusion

The POCSO Act is a comprehensive legislation aimed at providing for the protection of children from sexual abuse and exploitation. The act defines several sexual offences against children and prescribes stringent punishments for those convicted of such offences. The act has been instrumental in addressing the problem of sexual offences against children in India, but there are still several challenges in the implementation of the act.

There is a need for greater awareness of the act among the general public, and for better training of police personnel, prosecutors, and judges on the provisions of the act. The effective implementation of the POCSO Act is crucial for ensuring the safety and well-being of children in India, and for creating a society that is free from sexual abuse and exploitation of children.