Protection of Children from Sexual Offences (POCSO) Act, 2012 from Vajirao & Reddy Institute

Protection of Children from Sexual Offences (POCSO) Act, 2012

• Recently, three different High Courts have either quashed First Information Reports (FIRs) and pending criminal proceedings or acquitted accused persons under the Protection of Children from Sexual Offences (POCSO) Act, 2012.
• One High Court released the accused on bail on the grounds that the accused and victim had consensual sex.

• 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 is gender neutral and regards the best interests and welfare of the child as a matter of paramount importance at every stage so as to ensure the healthy physical, emotional, intellectual and social development of the child.
• The Act defines a child as any person below eighteen years of age.
• It defines different forms of sexual abuse, including penetrative and non-penetrative assault, as well as sexual harassment and pornography.
• The act deems a sexual assault to be “aggravated” under certain circumstances, such as when the abused child is mentally ill or when the abuse is committed by a person in a position of trust or authority vis-à-vis the child, like a family member, police officer, teacher, or doctor.
• People who traffic children for sexual purposes are also punishable under the provisions relating to abetment in the Act.
• The Act prescribes stringent punishment graded as per the gravity of the offence, with a maximum term of rigorous imprisonment for life, and fine.
• It defines "child pornography" as any visual depiction of sexually explicit conduct involving a child which include photograph, video, digital or computer generated image indistinguishable from an actual child, and image created, adapted, or modified, but appear to depict a child.
• The Act provides for the establishment of Special Courts for trial of offences under the Act, keeping the best interest of the child as of paramount importance at every stage of the judicial process.
• To prevent misuse of the law, punishment has been provided for making false complaint or proving false information with malicious intent.
• Such punishment has been kept relatively light (six months) to encourage reporting.
• If false complaint is made against a child, punishment is higher (one year) (Section 22).
• For speedy trial, the Act provides for the evidence of the child to be recorded within a period of 30 days.
• Also, the Special Court is to complete the trial within a period of one year, as far as possible (Section 35).