A CRITICAL ANALYSIS ON POCSO ACT
ROHAN SHARMA
(FINAL YEAR STUDENT PURSUING B.B.A.LLB)
Chanderprabhu Jain College Of Higher Studies & School Of Law,
Affiliated To Guru Gobind Singh Indraprastha University , Dwarka , New Delhi
The 2012 POCSO Act went into force on November 14, 2012. The Act is a comprehensive law enacted to protect children from a variety of sexual offences, such as sexual assault, sexual harassment, and pornography, and to protect their interests at every stage of the judicial process by establishing a child-friendly mechanism for reporting, recording evidence, investigation, and speedy trial of offences through special courts. The POCSO Act defines sexual assault, sexual harassment, pornography, and the protection of children’s interests. In addition, it establishes a child-friendly system for gathering evidence, investigating and prosecuting crimes, establishing special courts, and accelerating case processing. The purpose of the Act is to safeguard children throughout the judicial system. The POCSO Act appears to be an effective piece of legislation for protecting kids from sexual attacks.
Under this legislation, anyone under the age of 18 is considered as a minor It defines a variety of sexual offences, including as penetrative and non-penetrating assaults and sexual harassment. Under the Act, sexual assault is considered “aggravated” when committed by a family member or someone in a position of trust or authority, such as a teacher, doctor, or even a police officer. It specifies severe punishments proportional to the gravity of the offence. The maximum sentence is life imprisonment with a fine. According to Section 44 (1) of the Indian Penal Code, the National Commission for Protection of Child Rights (NCPCR) and the State Commission for Protection of Child Rights (SCPCR) supervise the execution of the Act’s provisions (IPC).
The Act provides a gender-neutral tone for all court hearings involving minor victims. Additionally, the duty imposed by Section 19 must be reported. Last year, the government adopted a new set of POCSO Rules.
Essential guidelines to remember
Every employee who works with children must undergo a monthly police check and a thorough background check by any organisation that homes or regularly interacts with children.
To enhance employees’ knowledge of child safety and protection, an institution must provide them with specialised, continuous training. Moreover, it must develop a child protection strategy with zero tolerance for child abuse.
Key characteristics of POCSO
- 1. It is gender neutral.
- 2. It makes necessary the reporting of abuse
- 3. It mandates the registration of sexual abuse incidents.
- 4. It ensures the protection of kids throughout the legal process.
- 5. It enumerates all known sexual offences against minors
THE SEXUAL OFFENSES DEFINED BY THE POCSO ACT, AS WELL AS THE PUNISHMENTS FOR THESE OFFENSES
- 1. Penetrative sexual assault: The penalty for such an offence is seven years to life in jail and a fine. The measure increases the obligatory minimum sentence to ten years from seven. It goes on to state that anyone who commits a penetrating sexual assault on a child under the age of 16 would be subject to a fine and a prison term of 20 years to life.
- 2. Aggravated penetrative sexual assault: The Act defines "aggravated penetrative sexual assault" as certain behaviours. The penetration of a minor by a police officer, member of the armed forces, or public official is one example. It also addresses cases in which the offender is a relative of the child, the child's sexual organs are harmed, or the child becomes pregnant, among others. The bill increases the definition of aggravated sexual assault with penetration to include two more elements. These include assaults resulting in the death of a child and assaults committed during a natural catastrophe or other violent circumstances. Current penalties for aggravated penetrating sexual assault include 10 years to life in prison and a fine. The minimum term is increased from 10 to 20 years, while the maximum sentence is increased to the death penalty.
- 3. Aggravated sexual assault: The Act defines "aggravated sexual assault" as a circumstance in which the offender is a child's relative or the assault injures the child's genital organs, among other things. The law adds two new offences to the definition of aggravated sexual assault. These offences include committing an assault during a natural disaster and giving or helping in the administration of any hormone or chemical substance to a child to achieve early sexual maturity.
- 4. Pornographic objectives: It is a violation of the Act to use a child for pornographic purposes in any form of media for the purpose of sexual satisfaction. Similarly, the legislation applies to those who exploit youngsters for pornographic objectives that result in sexual assault. The bill defines child pornography as any visual depiction of sexually explicit conduct involving a child that is indistinguishable from a photograph, video, digital, or computer-generated image of a real child.