Legislative frameworks have become vital in a world wherein our children’s security and safeguarding are of the utmost significance. One such significant piece of Indian law that safeguards children’s rights and innocence is the Protection of Children from Sexual Offences (POCSO) Act. The POCSO Act, which was enacted into law in 2012, is a glimmer of hope for our society’s least fortunate citizens, guaranteeing them protection and justice.
What is the POCSO Act?
- The Ministry of Women and Child Development pushed for the introduction of the Protection of Children from Sexual Offenses Act (POCSO), 2012, in order to more effectively address the heinous crimes of child sexual exploitation and abuse by enacting stronger and more transparent legislation.
- The Act’s goal is to shield young children from pornography, assault, sexual harassment, and sexual assault. In order to try cases containing these charges and associated circumstances, it also organizes Special Courts.
- The year 2019 saw an amendment to the Act that included provisions for stiffer penalties for a number of offenses in an effort to discourage offenders and give children a safe, secure, and respectable upbringing.
POCSO Act Guidelines
- Children are those who are younger than eighteen.
- The Age of consent under POCSO for children is 18 years.
- Because the Act is gender neutral, it acknowledges that both the offender and the victim may identify as male, female, or of a third gender.
- It does this by making any sexual engagement with a minor a statutory sexual offence, raising the age of consent for sexual conduct from 16 to 18.
- Filing a report on a case of child sexual abuse “Reporting of offences” by anyone, including children, is now required under POCSO Act Section 19.
- The Act’s Section 21 penalizes people who neglect to notify or document child sexual abuse cases. A child cannot, however, be disciplined for neglecting to report.
- The onus of Proof is on the accused
Child Sexual Abuse Laws India
- In India, there was no suitable legislative framework for Child protection laws in place to address child sexual abuse until 2012.
- Formerly, the Indian Penal Code, 1860’s sections 354, 375, 377, and 509 covered crimes involving sexual assault against minors.
- Section 509 of the IPC stipulates that anyone who wants to offend a woman’s modesty by word, gesture, or deed is subject to Section 377 of the IPC.
- Section 354 of the IPC deals with assault or unlawful force against a woman with the aim of outraging her modesty.
- Section 374 deals with rape.
- The Young Persons (Harmful Publication) Act of 1956 addressed pornography. The Protection of Children against Sexual Offences Act (POSCO), which protects victims of child sexual abuse under the age of 18, was passed by the Indian Parliament in 2012.
POCSO Act Amendments
- Modifications to the Protection of Children from Sexual Offenses (POCSO) Act of 2012 have been authorized by the Union Cabinet.
- These changes are intended to increase the severity of the penalties for sexual offenses against minors.
- The modifications allow for severe penalties, including the death penalty, for crimes involving serious penetrative sexual assault against minors.
- In the event of a natural disaster or other emergency, minors are protected from sexual offenses by the amendments (section 9).
Reporting under POCSO Act
The purpose of the mandatory reporting clause is to guarantee more intensive detention and intervention in order to prevent children from being abused and, worse, from experiencing the same trauma repeatedly throughout their lives.
- Section 19: The POCSO Act requires “any person” who discovers or believes there has been a sexual offense against a minor to notify the police or the Special Juvenile Police Unit (SJPU).
- Penalty for Non-Reporting: The POCSO Act’s Section 21 stipulates that neglecting to report such offenses may result in jail time.
- Exemptions: Section 22 of the Act exempts from punishment those who make false accusations, and children are not held accountable for neglecting to disclose sexual offenses.
Reporting under POCSO Act: Supreme Court’s Perspective
- The gravity of Not Reporting: The need to report child sexual abuse has been emphasized by the Supreme Court, which has repeatedly decided that failing to report such crimes is a serious felony.
- Particular Obligations: The Supreme Court has occasionally imposed further requirements on professionals, such as educators and medical professionals, to notify the proper authorities in cases of child sexual abuse.
Child sexual abuse is shrouded in mystery. It is imperative that the child’s guardians and parents become aware of the severity of the issue. In addition, it is critical that parents teach their children self-defence skills and foster a safe atmosphere free from sexual assault.
POCSO ACT FAQs
What is the limitation period for Pocso?
There is no time limitation under the POCSO Act for reporting child sexual offenses.
What are the requirements of the Pocso act?
The Protection of Children from Sexual Offences Act, 2012 (POCSO Act) lists five sexual offenses against minors:
- employing a child for pornographic purposes,
- penetrative sexual assault,
- aggravated penetrative sexual assault,
- sexual assault, and
- aggravated sexual assault.
Is reporting mandatory as per Pocso act?
The POCSO Act’s Section 21, which lays out penalties for neglecting to report the commission of an offense under Section 19, makes the reporting requirement enforceable. Section 21 stipulates a fine, a jail sentence of six months to a year, or both.
What is right to privacy under Pocso?
The POCSO Rules and the POCSO Act respect the right to confidentiality and privacy as a fundamental freedom. All third parties, including support personnel, interpreters, translators, special educators, and specialists, are subject to the duty of confidentiality.
Can a complainant withdraw a Pocso case?
After the filing of a formal complaint or FIR and the activation of criminal machinery, the matter is between the accused and the State. Consequently, if an informant reports a non-compoundable offence of a “grave, serious, and heinous nature, which impacts society,” they have no legal right to withdraw their complaint.
Who can file a Pocso case?
Every adult in the nation who knows or suspects that a kid is being sexually assaulted has a duty to report the incident to the authorities under India’s statute against child sexual abuse.
How is the Pocso Act misused?
Under the POCSO Act, it is often discovered that people are involved in false cases due to property disputes, marital problems, personal grievances, political motivations, or for financial gain to degrade the accused by keeping them in jail for an extended period of time.
Is Pocso non bailable?
The offenders use children as objects to state their lust. The offenses are classified as non-bailable under the POCSO Act.
What are the benefits of the Pocso act?
The Protection of Children from Sexual Offenses Act, or POCSO Act, went into force in 2012. It shields children from being sexually abused. Additionally, it clarifies and narrows down the definition of a child, designating one as a person under the age of eighteen.
Does consent matter in Pocso?
Consent from a “child” is irrelevant under POCSO, and consenting adolescents to engage in sexual activity is viewed in the same way as rape. If girls refuse to go back to their parents or if their parents won’t accept them, they are treated like victims and institutionalized in children’s homes.
How do you defend a Posco case?
Depending on the specifics of the issue at hand you can defend a POCSO case. The victim’s medical examination report is typically utilized in POSCO cases to refute the prosecution’s case. During the trial, a strong defense attorney’s cross-examination can prove beneficial.
With the goal of giving students the best coaching available for law entrance exams including the CLAT, AILET, and various other numerous state judiciary exams, Jyoti Judiciary Coaching, India’s Finest educational Platform, was established. Come enrol now with Jyoti Judiciary!
For any latest news, legal topics, judiciary exams notifications, patterns, etc watch Jyoti Judiciary’s YouTube channel for legal videos for any updates at https://youtube.com/@jyotijudiciarycoaching4852?si=2cwubh9d2A9urwJf
