Protection Of Children From Sexual Offences ( POCSO) Act 2012

In order to effectively address the heinous crimes of sexual abuse and sexual exploitation of children through less ambiguous and more stringent legal provisions, the Ministry of Women and Child Development championed the introduction of the Protection of Children from Sexual Offences (POCSO) Act, 2012.

The Act has been enacted to protect children from offences of sexual assault, sexual harassment and pornography and provide for establishment of Special Courts for trial of such offences and related matters and incidents.

The Act was amended in 2019, to make provisions for enhancement of punishments for various offences so as to deter the perpetrators and ensure safety, security and dignified childhood for a child.

Salient Features of the POCSO Act

• “Children” according to the Act are individuals aged below 18 years. The Act is gender-neutral.
• Different forms of sexual abuse including but not limited to sexual harassment, pornography, penetrative & non-penetrative assault are defined in the Act.
• Sexual assault is deemed to be “aggravated” under certain circumstances such as when the child is mentally ill. Also when the abuse is committed by the person in a position of trust such as a doctor, teacher, policeman, family member.
• Adequate provisions are made to avoid re-victimization of the Child at the hands of the judicial system. The Act assigns a policeman in the role of child protector during the investigation process.
• The Act stipulates that such steps must be taken which makes the investigation process as child-friendly as possible and the case is disposed of within one year from the date of reporting of the offence.
• The Act provides for the establishment of Special Courts for the trial of such offences and matters related to it.
• Under section 45 of the Act, the power to make rules lies with the central government.
• To monitor the implementation of the Act, the National Commission for the Protection of Child Rights (NCPCR) and State Commissions for the Protection of Child Rights (SCPCRs) have been made the designated authority. Both being statutory bodies.
• Section 42 A of the Act provides that in case of inconsistency with provisions of any other law, the POCSO Act shall override such provisions.
• The Act calls for mandatory reporting of sexual offences. A false complaint with intent to defame a person is punishable under the Act.

When is POCSO Used?

Sections of the POCSO Act may be added by the police in the First Information Report (FIR) whenever a sexual offence is committed against a child. While special laws override the IPC, sections of both are often mentioned in the FIR. For instance, an FIR would book an accused under section 376 (rape) of the IPC as well as relevant sections of the POCSO Act.

Punishments Under POCSO

It is important to remember that POCSO is not just applicable in cases of physical sexual crimes, but also ones that happen over the internet. This would include offences such as possessing CSAM, using children for the purposes of creating CSAM, or exposing children to pornography or CSAM. In such cases, POCSO may be used along with provisions of the Information Technology Act.