Posco

1. Protection of Children against
Sexual Offences
(POCSO) Act
Presentation By : Dr Ankita
Moderator : Dr Harsh Kannojiya

2. Introduction
 India : 34% largest percentage of children in world.
 One of biggest evil country battling :Child Sexual
Abuse (CSA)
 To address problem of CSA through less ambiguous ,
more stringent legal provisions, POCSO Act
formulated.
UNICEF 2020

4. POCSO Act,2012
Passed in Indian Parliament, May 2012.
 Act defines : Child as a person below age-
group of 18 and is gender neutral and have
clear defination for all types of sexual
abuses like sexual harassment, penetrative
and non-penetrative sexual abuse and
pornography.
Provide for establishment of Special Courts
for trial of such offences

5. Who comes under this Act?
 All children whether male or female
below the age of 18 years
 It extends to whole of India, except the
state of Jammu and Kashmir.

6. Salient Features of the POCSO
 Child Friendly
 Child given police protection during procedure
 Can avail Emergency Medical Treatment
 Provisions for avoiding re-victimisation of child
 Special Court to decide compensation for child
 Can testify through Video-link
 A CSA case should be disposed within one year
of reporting

7. Types of Sexual Offences against
children
 Penetrative sexual assault
 Aggravated penetrative sexual assault
 Sexual assault
 Aggravated sexual assault
 Sexual harassment
 Using child for pornographic purposes

8. Penetrative Sexual Assault
 It involves penetration of penis into vagina, mouth, urethra or
anus of child, or makes the child to do so with him or any other
person
 Inserts, to any extent, any object or a part of the body, not being
the penis, into the vagina, the urethra or anus
 Manipulates any body part so as to cause the penetration, or
 Applying his mouth to those organs or making the child to do so.

9. Punishment for penetrative sexual assault
 Punished with imprisonment not be less than ten
years
 Child below 16 years punished with imprisonment
not be less than twenty years
 May extend to imprisonment for life
 Also liable to fine.

10. Aggravated penetrative sexual assault
 The penetrative sexual assault when done by a police
officer, armed personnel, jail officers, hospital staff, staff
of educational institutions, public servants .
 Commits gang penetrative sexual assault .
 Any sexual assault using deadly weapons an aggravated
one
 Repeated sexual assault of persons in charge of children,
assault by relatives
 Causing grievous hurt or bodily harm or injury to the
sexual organs

11.  Child mental or physical disabled
 Child < 12 years
 Physically incapacitates child or causes child to
become mentally ill
 Child become pregnant
 Relative : Blood or adoption, marriage or
guardianship or foster care or having a domestic
relationship with parent or living same or shared
household

12. Punishment for aggravated penetrative
sexual assault
 Punished with rigorous imprisonment not be less
than twenty years,
 May extend to imprisonment for life
 Liable to fine

13. Sexual Assault
 Touch vagina, penis, anus or breast with sexual
intent or causing child to touch others similarly
 Punishment is jail term from 3 to 5 years

14. Aggravated Sexual Assault
 Sexual assault : police officer armed personnel, jail
officers, hospital staff, staff of educational institutions,
public servants etc.
 Sexual assault using deadly weapons
 Sexual assault etc. of persons in charge of children,
assault by relatives, assault if child is of mental
impairment etc. comes under this

15. Sexual Harassment
Uttering words, making sound or gestures, exhibiting
objects etc with sexual intent or
Making child exhibits any body part
Showing any object to child for pornographic purpose
Using media item for sexual abuse and threatening or
enticing a child for pornographic purpose
Punishment up to three years/with fine

16. Using child for pornographic purpose
Use of child for pornographic purpose in any form
of media for sexual gratification
 Punishment : 5 to 10 years.
Storage of pornographic materials involving child is
punishable with 3 years.

17. Procedure For Reporting Case

18. When an offence Happens/likely to
Happen
 Inform special Juvenile Police Unit or the Local
Police
 Record information in simple language
 If the child needs care or protection the police
unit will make arrangements within 24 hours
 Inform the Child Welfare Committee or Special
Court within 24 hours

19. Procedure for Recording Statement of Child
The statement of child recorded at residence or
choice by police officer preferably women
 The officer not to wear uniform while recording
 The child shouldn’t come in contact with accused
 The identity of child shall not be revealed

20. Recording of the Statement Magistrate
 The Magistrate record statement : Child states in its
language presence of someone child trusts
 Do not allow advocate to present while recording
 The Magistrate shall provide the police report to
parents

21. Medical Examination
 The examination shall be woman doctor if the victim
is girl
 The examination shall be before the parents or
someone like that
 If such a person is not available, a women official of
the medical institution must be present.

22. Findings of genital injury in sexually
abused girls
 Nonspecific erythema
 Posterior area of hymen and introitus
 Hymenal tears

23. Findings of genital injury in sexually
abused boys
 Fissures
 Abrasions of the penile shaft or glans penis
 Tears of frenulum of glans penis
 Petechiae, or marks.

24. Special Juvenile Police Unit
 Deputy superintendent of police : Officer in charge
 Inspector of police women cell : Assisting officer
 Four civil police officer
 The unit has link with District Child Protection Unit, Child
Welfare Committee, Juvenile Justice Board, Child Labor Dept,
Education Dept, Health Dept. etc and conducts monthly review
meeting of those departments.

25. Activities of Special Juvenile Police Unit
 Rescue or Rehabilitation of Child Victims
 Counseling
 Visiting of Schools, Colonies, Orphanages etc.
 Conduct awareness classes for women and children
 Shadow patrolling at Railway stations, Bus Stands,
Pilgrim Centers, Tourist
 Places etc.
 Petition enquiry

26. Procedure of Court
 The recording done within 30 days
 The trial completed within one year
 The child shall not see accused during the proceedings
 In trial of case camera proceedings to followed
 If child's needs other place for trial, that can be allowed

27. Reporting of Child Abuse Mandatory
 The reporting of cases of child sexual abuse to law
authorities, mandatory for all
 Failure to report case of child abuse is offence
 Reporting obligatory even if information acquired as part of
professional duties with confidential relationship

28. AMENDMENT 2019
The amendment : No. of provisions to safeguard
children
 Aim : Making offences gender-neutral.
 The definition of ‘Sexual Assault’ extended to
administration of hormone , chemical substances
to attain early sexual maturity for purpose of
penetrative sexual assault.
 Enhance punishment, with provision of death
penalty.
 Sanctioned over one thousand fast track courts
for speedy disposal of pending cases

29. Reference
 Herrmann B, Banaschak S, Csorba R, Navratil F, Dettmeyer R.
Physical Examination in Child Sexual Abuse: Approaches and
Current Evidence. Dtsch Arztebl Int. 2014 Oct
 MINISTRY OF LAW AND JUSTICENEW DELHI, TUESDAY,
AUGUST 6, 2019