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    Pocso

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    The document summarizes the Protection of Children from Sexual Offences Act, 2012 (POCSO Act) in India. The key points are: 1) The POCSO Act was enacted to address shortcomings in existing laws for dealing with sexual offences against children and provide victim-friendly provisions. 2) The Act defines and punishes sexual offences against children, including penetrative and aggravated sexual assault, as well as offenses like sexual harassment. 3) It outlines procedures for reporting offenses, recording statements, medical examination of victims, and trial in designated special courts with child-friendly practices.

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    Pocso

    Uploaded by

    yasin pt
    233 views14 pages
    The document summarizes the Protection of Children from Sexual Offences Act, 2012 (POCSO Act) in India. The key points are: 1) The POCSO Act was enacted to address shortcomings in existing laws for dealing with sexual offences against children and provide victim-friendly provisions. 2) The Act defines and punishes sexual offences against children, including penetrative and aggravated sexual assault, as well as offenses like sexual harassment. 3) It outlines procedures for reporting offenses, recording statements, medical examination of victims, and trial in designated special courts with child-friendly practices.

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    The document summarizes the Protection of Children from Sexual Offences Act, 2012 (POCSO Act) in India. The key points are: 1) The POCSO Act was enacted to address shortcomings in existing laws for dealing with sexual offences against children and provide victim-friendly provisions. 2) The Act defines and punishes sexual offences against children, including penetrative and aggravated sexual assault, as well as offenses like sexual harassment. 3) It outlines procedures for reporting offenses, recording statements, medical examination of victims, and trial in designated special courts with child-friendly practices.

    Copyright:

    © All Rights Reserved
    Download as PPTX, PDF, TXT or read online from Scribd
    Download as pptx, pdf, or txt
    233 views14 pages

    Pocso

    Uploaded by

    yasin pt
    The document summarizes the Protection of Children from Sexual Offences Act, 2012 (POCSO Act) in India. The key points are: 1) The POCSO Act was enacted to address shortcomings in existing laws for dealing with sexual offences against children and provide victim-friendly provisions. 2) The Act defines and punishes sexual offences against children, including penetrative and aggravated sexual assault, as well as offenses like sexual harassment. 3) It outlines procedures for reporting offenses, recording statements, medical examination of victims, and trial in designated special courts with child-friendly practices.

    Copyright:

    © All Rights Reserved
    Download as PPTX, PDF, TXT or read online from Scribd
    Download as pptx, pdf, or txt
    of 14

    THE PROTECTION OF

    CHILDREN FROM
    SEXUAL OFFENCES ACT,
    2012
    (POCSO, 2012)
    NEED FOR POCSO ACT, 2012

     Existing Laws not enough to address sexual offences


    against children
     No specific provisions or laws for dealing with sexual
    abuse of male children
     Need of Victim-Friendly atmosphere in courts (insult
    to injury)
    OFFENCES COVERED UNDER THE
    ACT

     Penetrative sexual assault (section 3)

     Aggravated penetrative sexual assault (section 5)

     Sexual Assault (section 7)

     Aggravated Sexual Assault (section 9)

     Sexual Harassment of the child (section 11)

     Use of Child for Pornographic Purposes (section 13)


    OFFENCE is “AGGRAVATED” When;

     Committed by a person in position of trust or authority

     Committed by persons in management or staff of educational,

    medical or religious institutions

     Committed by persons in management or staff of jail, remand

    home, protection home, observation home, etc.


    OFFENCE is “AGGRAVATED” When;

     Offence is aggravated when it is a Gang Assault, Offence Causes Griveous Hurt,


    Offence cause physical or mental disability, offence committed by taking advantage
    of child’s mental or physical disability, offences committed more than once.

     Offence is aggravated when the child is below 12 years, when the offender is a
    relative of the child, when the attempt is also made to murder the child, when the
    offence is committed and child is made to strip and/or parade naked in public

     When the offence is committed by a person who has been previously convicted for
    such an offence under any law

     When the offence is committed in course of communal or sectarian violence


    PUNISHMENTS UNDER THE ACT
    Offence Punishment Section

    Penetrative sexual assault 10 years to imprisonment for life 4


    and fine

    Aggravated penetrative 20 years to imprisonment for life 6


    sexual assault and fine or with death

    Sexual assault 3 years to 5 years and fine 8

    Aggravated sexual assault 5 years to 7 years and fine 10

    Sexual harassment of the Upon 3 years of imprisonment and


    child fine 12
    ABETMENT AND ATTEMPT

     Abetment treated with same gravity as commission of that offence(Section


    16)

     Trafficking of children for sexual purposes covered under abetment


    (Section 16 Explanation III)

     Attempt to commit an offence penalised for upto half the punishment


    prescribed for that offence (Section 18)
    PROCEDURE FOR REPORTING OF
    CASES
     Reporting of offence to the SJPU or the local Police (Section 19)
     In case child is in need of care and protection, SJPU/Local Police to provide such care within 24
    hours of the report (Section 19 (5))
     SJPU/Local Police to report the matter to CWC and special court within 24 Hours (Section 19 (6))
     Failure to report commission of Offence punishable with imprisonment of six months or with fine or
    both (Section 21 (1))
     Failure to record an offence punishable with imprisonment of six months or with fine or both
    (Section 21 (1))
     Failure to report by a person who is in charge of any company or any institution, in respect of
    offence committed by subordinate under his control, also punishable with imprisonment of one year
    and fine (Section 21 (2))
     Failure to report is not punishable in case of a child(Section 21 (3))
    FALSE COMPLAINT

     False complaint with malicious intention is punishable with imprisonment of 6

    months or with a fine or with both (Section 22(1))

     False complaint against a child is punishable with imprisonment of one year or

    with a fine or both (Section 22(3))

     No civil or criminal liability for giving information in good faith (Section 19((7))

     Protect identity 23 (ni pun Saxena) Nobody has the right to disclose identity.
    PROCEDURE FOR RECORDING
    STATEMENT OF CHILD (24)
     Child-friendly procedures
     Recording at the residence of the child in the presence of parents or whom the
    child has trust or confidence
     Recording by officer who is not below of the rank of sub-inspector
     Officers should not be in uniform
     Child not come in contact with the accused
     Child not to be detained in police station in night
     Assistance of translator/interpreter/special educator as the case maybe
     Wherever possible the recording also be by audio-video electronic means
    MEDICAL EXAMINATION (S. 27)

     In case of a girl child, lady doctor

     Examination should be in the presence of parents

     In case no parent is present a women is to be nominated by the head of the medical

    institution
    SPECIAL COURTS and FUNCTIONING

     A court of session in each district to be designated as special court for speedy

    trial-Section 28

     Public prosecutor should be appointed by the state government-section 32

     Special court may take cognizance of any offence, without the accused being

    committed to it for trial upon receiving a complaint of facts

     Cross-examination or re-examination of the child through special court


    PROCEDURES & POWERS OF
    SPECIAL COURT
     Frequent breaks should be given to child during trial,

     The presence of parents/guardian/friends/relatives of the child,

     Child should not be called repeatedly to testify,

     No aggressive questioning and no assassination of character toward the child

     Identity of the child should not be disclosed,

     In-camera trial of cases,

     Child not to see the accused at the time of testifying,

     Special court may take assistance of interpretor/translator/special educator.


    MISCELLANEOUS

     Provision for compensation for immediate relief and long-term rehabilitation of child

    (Section 33(8))

     Provision for free legal aid (Section 40)

     National commission for protection of child rights (NCPCR) designated as Monitoring

    authority of the act

     Onus on centre and state to spread awareness and training on the provisions of the act

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