THE PROTECTION OF CHILDREN FROM SEXUAL OFFENCES ACT(POCSO), 2012 THE PROTECTION OF CHILDREN FROM SEXUAL OFFENCES ACT(POCSO), 2012 BY:- PRAKASH PRAJAPAT

Child Sexual Abuse Child sexual abuse or child molestation is a form of child abuse in which an adult or older adolescent uses a child for sexual stimulation.  Forms of child sexual abuse include asking or pressuring a child to engage in sexual activities.

Statistics

Indian Statistics According to Ministry of Child and Women Development, Government of India survey 2007 53% of children in India are victims of sexual abuse in India which means 1 out of every two children has been a victim of sexual abuse at least once.

21% 32% Severe forms of sexual abuse:- Assault, rape and sadomy Nude photography of children Touching or fonding a child Forcing a child to exhibit his her body parts Less severe forms of sexual abuse:- Forcing kiss Sexual advances Exposure to pornographic material 21% 32%

Need for POCSO Act, 2012: Existing laws (IPC, IT Act, 2000 and JJ Act, 2000) not enough to address sexual offences No specific provisions or laws for dealing with sexual abuse of male children.

Purpose of the Act: Provide protection to all children from the offences of sexual assault, sexual harassment and pornography Child defined as any person below the age of 18 years

The Protection of Children from Sexual Offences Act, 2012 The Protection of Children from Sexual Offences Act, 2012 came into force on 14 November 2012. The Act was passed in the Indian Parliament in May 2012. The Act under its ambit defines child as a person below the age- group of 18 and is gender neutral. 

Who come under this Act? All children whether male or female below the age of eighteen come under this Act. It extends to the whole of India, except the State of Jammu and Kashmir.

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)

Penetrative Sexual Assault (Section 3) Penetrating penis to any extent into the vagina, mouth, urethra or anus of a child or makes the child to do so with him or any other person. he inserts, to any extent, any object or a part of the body, not being the penis into the vagina, mouth, urethra or anus of a child or makes the child to do so with him or any other person. manipulates any part of the body of the child so as to cause penetration into the vagina, mouth, urethra or anus of a child or makes the child to do so with him or any other person. applies his mouth into the vagina, mouth, urethra or anus of a child or makes the child to do so with him or any other person.

Aggravated penetrative sexual assault(5) Penetrative sexual assault by:- Police Officer Member of the armed forces or security forces Public servant Management or on the staff of place of custody Management or staff of a hospital, whether Government or private

Aggravated penetrative sexual assault(5) Gang assault When offence causes grievous hurt When offence causes physical or mental disability When offence is committed taking advantage of child’s mental or physical disability When offence is committed more than once

Sexual Assault (Section 7) Whoever, with sexual intent touches the vagina, penis, anus or breast of the child Or makes the child touch the vagina, penis, anus or breast of such person Or any other person, or does any other act with sexual intent which involves physical contact without penetration is said to commit sexual assault

Aggravated Sexual Assault (Section 9) When child is below 12 years of age When offender is a relative of the child When attempt is also made to murder the child When offence is committed and child is made to strip and/ or pared naked in public

Aggravated Sexual Assault (Section 9) When committed by a person who has been previously convicted of having committed such an offence, either under this law or any other law When offence is committed in course of communal or sectarian violence

Sexual Harassment of the Child (Section 11) A person is said to commit sexual harassment upon a child when such person with sexual intent :— Entices a child for pornographic purposes or gives gratification there for. Makes a child exhibit his body or any part of his body so as it is seen by such person or any other person Shows any object to a child in any form or media for pornographic purposes

Use of Child for Pornographic Purposes (Section 13) Whoever, uses a child in any form of media for the purposes of sexual gratification, which includes— Representation of the sexual organs of a child; Usage of a child engaged in real or simulated sexual acts (with or without penetration); The indecent or obscene representation of a child

Punishments under the Act: Penetrative Sexual Assault 7 years to imprisonment for life (Section 4) Aggravated Penetrative Sexual Assault 10 years to imprisonment for life (Section 6) Sexual Assault 3 years to 5 years (Section 8) Aggravated Sexual Assault 5 years to 7 years (Section 10) Sexual Harassment of the Child 3 years (Section 12 )

Punishments under the Act: Use of Child for Pornographic purposes 5 years and in case of subsequent conviction, 7 years (Section 14 (2)) If along with pornographic acts offence also committed under Section 3: 10 years to life imprisonment (Section 14 (2)) Section 5: Life imprisonment (Section 14 (3) ) Section 7: 6 years to 8 years (Section 14 (4)) Section 9: 8 years to 10 years (Section 14 (5))

Punishments under the Act: Punishment for storing pornographic material involving a child, for commercial purposes – 3 years (Section 15) Burden of proof shifted on accused in case of serious offences (Section 3, 5, 7 and 9)

Procedure for reporting a case Any person (including the child), who has apprehension that an offence under this Act is likely to be committed or has knowledge that such an offence has been committed, he shall provide such information to:- the Special Juvenile Police Unit; or the local police.

Procedures for recording the statement of the child The statement of the child shall be recorded at the residence of the child. The police officer while recording the statement of the child shall not be in uniform. The police officer making the investigation, shall, while examining the child, ensure that at no point of time the child come in the contact in any way with the accused. No child shall be detained in the police station in the night for any reason. The police officer shall ensure that the identity of the child is protected from the public media, unless otherwise directed by the Special Court in the interest of the child

THANKS ANY QUERY