BARKATULLAH UNIVERSITY BHOPAL

Department Of Legal Studies And Research

Subject – Offences Against Child

Assignment On
Protection Of Children From
Sexual Offences Act 2012
Submitted To: Submitted By :
Richa Singh Ma’am Simran Mehra
(Roll no. 188080017)
 Content
 Introduction
 What Is POCSO ACT 2012
 Implementation of POCSO Act 2012
 Law Before POCSO Act, 2012
 Reasons For Enactment Of POCSO ACT, 2012
 Objective of POCSO Act
 Salient features of POCSO Act, 2012
 Punishments under POCSO Act 2012
 Case Law
 Conclusionffences against children
 Introduction:

For the first time, a special law has been passed to address the issue of sexual offences against
children.
Before the passing of this Act, sexual offences were covered under different sections
of IPC, and did not provide for all types of sexual offences against children There was also no
distinction between an adult and a child victim. The offences haave been clearly defined for the
first time in law such as the offences of sexual assault, sexual harassment and pornography
Every year, thousands of girls and boys across the Nation face sexual abuse and exploitation. A
child is subjected to sexual abuse or exploitation at home, school or community. In order to
address the brutal crimes of sexual exploitation and abuse of children, Protection of Children
from Sexual Offences (POCSO) Act, 2012 was introduced.
 What Is POCSO ACT 2012:

 The POCSO Act, 2012 is a comprehensive law to provide protection of children

from the offences of sexual assault, pornography and sexual harassment. The Act
defines various forms of sexual abuse which includes penetrative as well as non -
penetrative assault. The Act safeguards the interest of a child below 18 years of age
by incorporating child - friendly mechanisms for reporting and recording of
evidence.
 As far as history of POCSO Act, 2012 is concerned, let us bring into your
knowledge that the
 POCSO Act 2012 was notified in the Gazette of India on June 20, in the year 2012.
 Implementation of POCSO Act 2012:

 The POCSO Act came into force on November 14, 2012 and it was specifically
formulated to deal with various offences related to child sexual abuse and child
pornography. The Act includes 46 provisions.
 It increases the scope of reporting offences against children which were not
included under the Indian Penal Code (IPC).
 The POCSO Act, 2012 provides procedures for recording the statement of a child
by the court and police in a child friendly manner
 Law Before POCSO Act, 2012:

 Crimes related to child sexual abuse before the enactment of the POCSO ACT, 2012 were
dealt with under INDIAN PENAL CODE, 1860 under following sections :
 Section 354 – outraging the modesty of women
 Section 375 – rape
 Section 377 – unnatural offences

 The IPC was not adequate enough to protect the children and criminalize non – conventional
sexual abuse which are different from above mentioned conventional crimes in form of child
trafficking, pornography, sale of children.
 Reasons For Enactment Of POCSO ACT,
2012:
 To protect children below 18 years of age from any kind of sexual abuses.
 To establish special courts for trial of offences connected with child abuse crimes.
 To comply with article 15 of the constitution of India which mandates the states to
protect the children of this nation.
 India has signed the UN convention on the rights of the child in 1992. The convection
requires sexual exploitation and sexual abuse to be addressed as heinous crime.
 To provide for strict punishment to create deterrence against the children
 Objective of POCSO Act:

 Protection of children below 18 years from sexual harassment, sexual

assault and pornography.
 Safeguarding the interest of a child at various stages like - reporting,
recording of evidence, investigation and trial of offences.
 Providing relief and rehabilitation as soon as the complaint is lodged with
Special Juvenile Police Unit.
 Stipulates special courts for the speedy disposal of sexual cases.
 Salient features of POCSO Act, 2012:

POCSO Act helps eradicate evils against children; hence it is important to go through its features:
 1. Gender Neutrality: The POCSO Act 2012 regards the best interests and welfare
of both male and female child to ensure the healthy physical, emotional, intellectual
and social development of the child.
 2. Defines different forms of sexual abuse: The POCSO Act 2012 defines
different forms of sexual assault to be aggraved under certain circumstances, such as
when the abused child is mentally ill or the abuse is committed by the person in a
position of trust like the police officer, teacher, doctor or a family member.
 Salient features of POCSO Act, 2012:

 3. Stringent punishment against child trafficking: People who traffic children for sexual
purposes are punishable under the provisions of POCSO Act 2012. The Act prescribes the
stringent punishment according to the gravity of the offence with a maximum punishment of
lifelong imprisonment and fine. 
 4. Covers child pornography: POCSO Act 2012 includes visual depiction of sexual
conduct with a child through video, digital, photograph or computer generated image which
might be indistinguishable from an actual child but, appears to depict a child. 
 5. Avoid re-victimization of a child: Adequate provisions are made to avoid re-
victimization of the child at the hands of the judicial system. The Act assigns a policeman to
protect a child during the investigation process.
Types of sexual offences against children:

 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)
 Punishments under POCSO Act 2012

 Penetrative Sexual Assault (Sec 3) – Not less than seven years which may extend to
imprisonment for life, and fine (Sec 4)
 Aggravated Penetrative Sexual Assault (Sec 5) –­Not less than ten years which may extend
to imprisonment for life, and fine(Sec 6)
 Sexual Assault (Sec 7) – Not less than three years which may extend to five years, and fine
(Sec 8)
 Aggravated Sexual Assault (Sec 9) – Not less than five years which may extend to seven
years, and fine (Sec 10)
 Sexual Harassment of the Child (Sec 11) – Three years and fine (Sec 12)
 Use of Child for Pornographic Purposes (Sec 13) – Five years and fine and in the event of
subsequent conviction, seven
 Punishments under POCSO Act 2012:

 On July 18, 2019, The POCSO Act 2012 (Amendment Bill) was introduced in Rajya
Sabha by the Minister of Women and Child Development, Ms. Smriti Zubin
Irani. Amendment in POCSO Act 2012 has brought a lot of changes in terms of
punishments. 
 The punishment for Penetrative Sexual Assault on a child is imprisonment for not less
than 7 years, however it can extend to imprisonment for life and fine. But the POCSO
Amendment Bill, 2012 has increased the minimum punishment from 7 years to 10
years. 
 Whoever commits penetrative sexual assault on a child below sixteen years of age shall
be punished for not less than 20 years, but it may extend to imprisonment for life.  In
rare cases, death penalty can also be given according to the courts' discretion.
 Punishments under POCSO Act 2012:

 Sexual assault without penetration leads to imprisonment for not less than three years which may
also extend to five years and fine.
 Use of Child for pornography purposes resulting into aggravated sexual assault may lead him/her
towards imprisonment for minimum 8 years and maximum 10 years. As per Amendment Bill, 2019,
the punishment has been reduced to minimum 5 years and maximum 7 years.
 Possessing, displaying or propagating a pornographic material of a child in any form at any time
except for the purpose of reporting shall be punished with imprisonment upto three years of
imprisonment or with fine or both.
 Storing or possessing a pornographic material in any form involving a child for commercial purpose
shall be punished with imprisonment for not less than five thousand rupees, and in the event of
second or subsequent offence, with fine which shall not be less than ten thousand rupees.
 Case law:

 On January 15, in the case of Libnus v. State of Maharashtra , the bench held that
the act of holding hands of a minor or the zip of the pants of the accused being open at
the same time, does not amount to sexual assault as defined under Section 7 of the
POCSO Act.

 On January 19, in Satish Ragde v. State of Maharashtra, the bench ruled that the act
of pressing the breast of a child aged 12 years without removing her top will not fall
within the definition of 'sexual assault' under Section 7 of POCSO.
 Conclusion:

Child Sex Abuse is considered as the most heinous crime which can be done to a child as
the offender of these crimes knows that the forced sex which they are doing with the child
is by leashing child’s vulnerability and trust and is exposing to child under grave trauma
which is not just a physical attack on its body and private parts but also disturbing a child’s
mind so blatantly that it can take a lifetime for the child to feel normal ever after that
abuse.
POCSO ACT has been birthed out of the very need to enact a specific legislation
to tackle with the increasing sexual abuse against children in form of abuses like rape,
pornography, various forms of penetration and criminiliases acts of immodesty against
children too.
Thank you