KNOW ABOUT

PROTECTION OF
CHILDREN FROM SEXUAL
OFFENCES ( POCSO ) ACT
The POCSO Act was enacted in 2012 and is gender-neutral —
it recognizes that boys can be victims of sexual violence as
well. It defines a child as someone under the age of 18. The
Indian Penal Code does not recognize that sexual assault can
be committed on boys.
 Structure of POCSO Act, 2012

The POCSO Act is divided into

9 chapters comprising of
46 Sections and
1 Schedule
PROVISIONS OF THE POCSO ACT

 The POCSO Act was enacted to protect children aged less than 18
from sexual assault sexual abuse, sexual harassment, and
pornography.
 The act mandates that investigation in the cases is to be completed
in two months (from the date of registration of FIR) and trial in six
months.
 The Act defines a child as any person below eighteen years of age.
 POCSO states a sexual assault is to be considered aggravated if –
• The abused child is mentally ill or,
• When the abuse is committed by
• A member of the armed forces or Security forces
• A public servant
• A person in a position of trust or authority of the child, like a family
member, police officer, teacher, or doctor or a person-management or
staff of a hospital, whether Government or private.
PROVISIONS OF THE POCSO ACT
• It prescribes rigorous imprisonment for a term which shall not be less
than ten years but which may extend to imprisonment for life and also a
fine as punishment for aggravated penetrative sexual assault.
• It also makes provisions for avoiding the re-victimization of the child at
the hands of the judicial system.
• The Act also makes it mandatory to report such cases. It makes it the
legal duty of a person aware of the offence to report the sexual abuse.
In case he fails to do so, the person can be punished with six months
imprisonment or a fine.
• It also prescribes punishment to the people who traffic children for
sexual purposes.
• The Act also provides for punishment against false complaints or untrue
information.
• The act was amended in 2019 to increase the minimum punishment
from seven years to ten years. It further adds that if a person commits
penetrative sexual assault on a child below the age of 16 years, he will
be punishable with imprisonment between 20 years to life, with a fine.
PROVISIONS OF THE POCSO ACT
• Aggravated penetrative sexual assault under POCSO
Act, 2012 is the equivalent provision for aggravated
rape.
• A person can be charged with this offence in certain
aggravating circumstances, such as if the rape occurs
within a relationship of trust or authority, or if it leads to
pregnancy, among others.
• Under POCSO, the consent of a person under the age of
18 is irrelevant, regardless of the nature and
circumstance of the sexual interaction, or the particulars
of the person with whom it takes place. This means
that any sex with a minor is rape.
KEY FEATURES OF THE ACT
 It is a gender-neutral act : By defining a child as ‘any person
below the age of 18 years, the POCSO Act sets a gender-neutral
tone for the legal framework available to child sexual abuse
victims. The act also does not distinguish between perpetrators of
child sexual abuse on the grounds of gender.
 It is an offence to not report an abuse It requires every person
who suspects or has knowledge of a sexual offence being
committed against a child to report it to the local police or the
Special Juvenile Police Unit. The act not only punishes the
perpetrator of sexual abuse but also penalizes those who have
failed to report the offence with either imprisonment, a fine, or
both.
 No time limit for reporting abuse A victim can report an offence
at any time, even several years after the abuse has been
committed. Therefore, organizations dealing with children in India
cannot deny child sexual abuse complaints filed against their
employees on the pretext of lapse of time.
KEY FEATURES OF THE ACT
 Confidentiality of victim’s identity Section 23 of the POCSO
Act prohibits disclosure of the victim’s identity in any form of
media, except when permitted by the special courts established
under the act. A violation of this section can attract punishments
under the act.
 New rules added to the act
• Any institution housing children, or coming in regular contact
with them, is required to conduct a periodic police verification
and background check of every employee who might interact with
a child.
• Such an institution must impart regular training to sensitize its
employees on child safety and protection.
• It has to adopt a child protection policy based on the principle of
zero tolerance for violence against children. This policy must
mirror the child protection policy of the state government in
which the organization operates.
GENERAL PRINCIPLES OF THE POCSO
ACT
 The Act mentions 12 key principles which are to be
followed by anyone, including the State Governments,
the Child Welfare Committee, the Police, the Special
Courts, NGOs, or any other professional present during
the trial and assisting the child during the trial, which
are-
 Right to life and survival: A child must be shielded
from any kind of physical, psychological, mental, and
emotional abuse and neglect
 Best interests of the child: The primary consideration
must be the harmonious development of the child
 Right to be treated with dignity and
compassion: Child victims should be treated in a caring
and sensitive manner throughout the justice process.
GENERAL PRINCIPLES OF THE POCSO
ACT
 Right to be protected from discrimination: The justice process must be transparent and
just; irrespective of the child’s cultural, religious, linguistic, or social orientation
 Right to special preventive measures: It suggests, that victimized children are more likely
to get abused again, thus, preventive measures and training must be given to them for self-
protection
 Right to be informed: The child victim or witness must be well informed of the legal
proceedings
 Right to be heard and to express views and concerns: Every child has the right to be
heard in respect of matters affecting him/her
 Right to effective assistance: financial, legal, counselling, health, social and educational
services, physical and psychological recovery services, and other services necessary for the
child’s healing must be provided
 Right to Privacy: The child’s privacy and identity must be protected at all stages of the
pre-trial and trial process
 Right to be protected from hardship during the justice process: Secondary
victimization or hardships for a child during the justice procedure must be minimized
 Right to safety: A child victim must be protected before, during, and after the justice
process
 Right to compensation: The child victim may be awarded compensation for his/her relief
and rehabilitation
ESSENTIAL CASE READING
1. Jarnail Singh v. State of Haryana (2013)
The appellant was accused of kidnapping and raping the daughter of
Savitri Devi while she was sleeping. The Supreme Court of India, in this case,
observed that the procedure which is used to determine the age of a child who
conflicts with the law as per the Juvenile Justice (Care and Protection of
Children) Rules, 2007, can be followed in cases falling under the POCSO Act,
2012 as well. Applying this rule, the Court convicted the appellant, Jarnail
Singh.
2. State of Karnataka v. Shivanna (2014)
The POCSO Act 2012 does not require recording every statement made
under Section 164 of the CrPC. The statement of a victim under Sections 354,
354-A, 354-B, 354-C, 354-D, 376(1), 376(2), 376-A, 376-B, 376-C, 376-D, 376-
E, or 509 of the IPC should be recorded by a Judicial Magistrate, according to
the Section 164(5-A)(a) of the Criminal Law (Amendment) Act, 2013. The
statement should be recorded as soon as the commission is brought to the
knowledge of the police. It was also held that the victim must be presented
before the Judicial Magistrate (preferably to a Lady Magistrate) within 24 hours
of the rape to record the statement under Section 164(5A)(a) CrPC.
ESSENTIAL CASE READING
3. Libnus v. the State of Maharashtra (2021)
In this case, the primary issue dealt with by the High Court was “whether holding hands of
a child and taking penis out in front of her would fall within the definition of sexual assault under
Section 7 of POCSO Act?” The Nagpur bench adjudged that holding a minor’s hand and opening
the zip of pants will not come under the purview of sexual assault under the POCSO Act, 2012 &
would rather be considered sexual harassment. The appellant was not convicted for aggravated
sexual assault under Section 10, 12 of the POCSO Act, with other provisions under IPC. Therefore,
this decision turned out to be a controversial one, like the skin- to skin judgment.
4. Attorney General for India v. Satish and another (2021)
In the case of Satish Ragde v. the State of Maharashtra (2021), the Bombay High Court's
Nagpur Bench ruled that grabbing a child’s breasts without making “skin-to-skin contact”
constituted molestation under the POCSO Act, 2021. This judgment by Justice Pushpa Ganediwala
received immense hatred. The Attorney General of India, the National Commission for Women,
and the State of Maharashtra filed appeals against this High Court’s decision, which were heard by
a bench consisting of Justices Uday Umesh Lalit, S Ravindra Bhat, and Bela M Trivedi, in the
present case of Attorney General for India versus Satish and another (2021).
Setting aside the Bombay High Court’s judgment, the SC observed that the matter at hand
would be appropriate for using the “mischief rule” of statutory interpretation. It emphasized that
courts must constantly interpret the law to curb harm and promote the remedy.