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

2. 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.

3. Statistics

5. 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.

6. 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%

7. 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.

8. 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

9. 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. 

10. 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.

11. 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)

12. 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.

13. 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

14. 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

15. 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

16. 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

17. 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

18. 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

19. 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

20. 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 )

21. 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))

22. 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)

23. 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.

24. 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

25. THANKS
ANY QUERY