Forensic Medicine

1. Date
THE PROTECTION OF CHILDREN FROM SEXUAL OFFENCES ACT 2012
POCSO ACT
Lamia Mariam Abdulla
18M072

3. Where?
What?
Applicable to the whole of India
The POCSO ACT,2012 defines a child as any person below the age of 18 years and
provides protection to all children under the age of 18 years from sexual abuse.
It also intends to protect the child through all stages of judicial process and gives
paramount importance to the principle of “best interest of the child”.
The POCSO Act was enacted on 14 November 2012.

4. Before POCSO…
Before This Act, child sexual abuse was prosecuted under:
IPC 375- RAPE
IPC 354- outraging the modesty of a women (Molestation)
IPC 377- unnatural sexual offence
IPC 511-Attempt
Indian Child Rights:
Article 15 of Constitution: confers upon the State powers to make special provisions
for children
Article 39 of Constitution:
State shall direct its policy towards securing that:
✤ The tender age of children are not abused
✤ Their childhood and youth are protected against exploitation
✤ Given facilities in a healthy manner
✤ In conditions of freedom and dignity

5. Before POSCO…
CHILD RIGHTS
SEXUAL OFFENCE
LAWS
NO DEFINITE
JURISDICTION

6. Date
SPECIAL LAW
✤ For the first time, a special law has been passed to address the 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 child victim
1. The offences have been clearly defined for the first time in
law such as offences of sexual assault, sexual
harassment, and pornography
2. To safeguard the interests of the child at every stage of
the judicial process
3. For the proper development of the child in view of his/her
protection for the right to privacy and confidentiality

7. Offences under the Act
✤ Section 3: Penetrative Sexual Assault
✤ Section 4: Punishment for Penetrative Sexual Assault
✤ Section 5: Aggravated Penetrative Sexual Assault
✤ Section 6: Punishment for Aggravated Penetrative Sexual Assault
✤ Section 7: Sexual Assault
✤ Section 8: Punishment for Sexual Assault
✤ Section 9: Aggravated Sexual Assault
✤ Section 10: Punishment for Aggravated Sexual Assault

8. Offences under the Act
✤ Section 11: Sexual Harassment
✤ Section 12: Punishment for Sexual Harassment
✤ Section 13: Using child for Pornographic purpose and Trafficking of children
for Sexual Purposes
✤ Section 14: Punishment for using child for Pornographic purpose
✤ Section 15: Storage of pornographic material involving child

9. Definitions:
When a male person penetrates either his penis or any object or any part of his body or
does something to either penetrates into the private parts of the child or when he applies his
mouth to the private parts of the child or makes the child to do so either to him or to any
other person
Section 3: Penetrative Sexual Assault
Section 4: Punishment for Penetrative Sexual Assault
(1) Imprisonment of either description
Not < 7 years
May extend to life imprisonment
Shall also be liable for fine
Amendment
(2) child < 16 years - imprisonment not < 20 years
(3) Fine - reasonable
medical expenses of the victim + rehabilitation

10. Definitions:
when the penetration is committed by a person in a position of trust or authority of child
such as a member of security forces, police officer, public servant, etc. For ex: by any
staff, principal or the management staff of the hospital or any place of
custody or care or protection
Section 5: Aggravated Penetrative Sexual Assault
Section 6 : Punishment for Aggravated Penetrative Sexual Assault
(1) Rigorous imprisonment for a term not <20 years + Fine
(2) Fine reasonable- medical expenses + rehabilitation

11. a. Police officer
b. Member of armed forces/ security forces
c. Public Servant
d. management/ staff of jail/ remand home/ protection home/ observation/ home/ other place of
custody of care and protection-> inmate
e. Management/ Staff of a hospital-> inmate (Whether government/ private)
f. management/ staff of an educational institution / religious institution
g. Gang penetrative assault
h. using deadly weapons/ fire/ heated substance/corrosive substance
i. causing grievous hurt / bodily harm/ injury to sexual organs of the child
j. (i)physically incapacitates/ mentally ill/ unable to perform regular tasks temporarily/
permanently
(ii) female child- pregnant
(iii) inflicts with HIV/ life threatening infections
(iv) death of the child
k. taking advantage of child's mental/ physical disability

12. I. more than once/ repeatedly on the child
m. on a child below 12 years
n. relative of the child through blood/ adoption/ marriage / guardianship/ foster care
o. in the ownership or management or staff of institution providing services to the child
p. position of trust/ authority of a child
g. knowing the child is pregnant
r. attempts to murder
s. in the course of communal/sectorial violence/ natural calamities
t. who has been previously convicted under this act
u. makes the child to strip or parade naked in public

13. Definitions:
Whoever -> with sexual intent
-> touches the vagina/ penis/ anus/ breast of the child
Or
-> makes the child to touch parts of his/ any other person
Or
-> does any act with sexual intent
which involves physical contact without penetration
Section 7: Sexual Assault
Section 8 : Punishment for Sexual Assault
(1) Imprisonment not < 3 year, May extend to 5 years
(2) + Fine

14. Definitions:
means sexual assault committed by any police officer, armed forces, public servant, manager
of a hospital or an institution on a child
Section 9: Aggravated Sexual Assault
Section 10 : Punishment for Aggravated Sexual Assault
(1) Imprisonment not < 5 year, May extend to 7 years
(2) + Fine

15. Definitions:
With sexual intent
(i) utters any word / makes any sound/ gesture/exhibits any object or part of body with the intention
that it shall be heard by the child
(il) makes a child exhibit his body / part of his body so as it is seen by such person any other person
(iii)Shows any object to a child in any form or media for pornographic purpose
(iv) Repeatedly or constantly follows or watches or contacts a child either directly or through
electronic, digital or any other means
(v) Threatens to use, in any form of media, any part of the body of the child
(vi) Entices a child for pornographic purposes
Section 11: Sexual Harassment
Section 12 : Punishment for Sexual Harassment
(1) Imprisonment of 3 years
(2) + Fine

16. Definitions:
Uses a child, In any form of media
Whether for personal use/ for distribution
For the purpose of sexual gratification
Includes (a) representation of sexual organs of a child
(b) engaged in real/ simulated sexual acts
(c) indecent/ obscene representation of a child
Section 13: Use of child for pornographic purpose
Section 14 : Punishment for Use of child for pornographic purpose
(1) Imprisonment of not less than 5 years
(2) Second time- 7 years

17. Definitions:
(1) who stores or possess or fails to delete or destroy or report
With intention to transmit child pornography
. Fine - not < 5000 ( second time -10000)
(2) Distributing / transmitting/ propagating
Imprisonment 3 years +/- Fine
(3) For commercial purposes
Imprisonment 5 years -> 7 years +/- Fine
Section 15: Storage of pornographic material involving child

18. Definitions:
First- Instigates someone to do that offence
Second- Engages with one / more person in conspiracy to do that offence
Third- Intentionally aids, by commission/omission the doing
Punishment:
Abetment- same as that of the offence committed
Attempt- Half the imprisonment of the offence
Section 16: Abetment / attempt of an offence

19. OFFENCE MINIMUM MAXIMUM FINE
Penetrative Sexual Assault
7 years
<16 years age- 20
years
Life Imprisonment YES
Aggravated Penetrative
Sexual Assault
20 years Life Imprisonment YES
Sexual Assault 3 years 5 years YES
Aggravated Sexual Assault 5 years 7 years YES
Sexual Harassment 3 years YES
Use of child for pornographic
purpose
5 years and upto 7 years for
subsequent conviction
YES
Storage of pornographic
3 Years YES

20. Section 19: Reporting
an offence

21. Mandatory Reporting
✤ In line with the best international child protection standards, the Act also provides for
mandatory reporting of sexual offences
✤ The Act casts a legal duty upon a person who has the knowledge that a child has been
sexually abused to report the offence
✤ In-camera trial of cases
✤ The medical examination of the child should be conducted in the
presence of the parent of the child and in case of a girl child by a
woman doctor

22. Procedure for reporting cases
✤ Any person who has an apprehension that an offence of sexual abuse is likely to be committed or
knows that the offence has been committed should provide the information to the (a) Special Juvenile
Police Unit (SJPU) or (b) local police.
✤ Procedure of Recording: Ascribes a special number and registers the case -> Read over to the informant
-> Entered in a book to be kept by police unit
✤ The police or the Special Juvenile Police Unit (SJPU) should make immediate arrangements to give the
child, care and protection.
✤ They should report the matter to the Child Welfare Committee/Special Court/ Sessions court within
24 hours of recording the complaint.
✤ Steps should be taken to admit the child into shelter home or to the nearest hospital within twenty-
four hours of the report
✤ No person is held liable if he informs such an offence in good faith

23. ✤ Section 20: Any personal belonging to the media, studio, photographic facility, hotel, lodge or by
whatever name called, should provide the information, on coming to know about the object or material
known to be sexually exploitative of the child, to the Special Juvenile Police Unit (SJPU) or local police
Section 21: Failure to report the case
✤ Sec 21: Any person in-charge of a company or institution or by whatever name called, fails to
report, in respect of a subordinate under his control, would be punished with imprisonment with one
year and with fine.
✤ False complaint by a child is not punishable

24. (1) Recorded at the residence /
At a place where they usually resides/
At a place of their choice
As far by a woman police officer- not below the rank of SI
(2) Police officer shall not be in uniform
(3) At any point of time, he doesn't come across the accused
(4) No child shall be detained at night in the police station
(5) Police officer-> ensures that identity is not revealed to the media
(6) Regarding the details of the assault, including the time and place, frequency, description
of clothing worn and so on
(7) The interviews are forensic rather than therapeutic interviews thereby for the purposes
of being sensitive, unbiased, and truth-seeking
(8) The purpose of the interview would be to support accurate and fair decision-making in
the criminal justice
Special Guidelines on interviewing a child

25. Trial and Special Courts
✤There are designated Special Courts for the trial of the cases
✤There are child-friendly mechanisms for reporting, recording of evidence, investigation and
speedy trial of offences.
✤The police are cast in the role of child protectors during the investigative process
✤They also have the responsibility of making urgent arrangements for the care and protection of
the child
✤It also provides for the Special Court to determine the amount of compensation to be paid to a
child
✤The attempt to commit an offence under the Act has been made liable for punishment
✤For the purpose of speedy trial

26. ✤ Special prosecutor-> questions to the court-> child
✤ Permit frequent intervals for the child
✤ Child friendly atmosphere ( family member )
✤ Child not called repeatedly
✤ No aggressive questions/ character assassination
✤ Identity of the child is not disclosed at any course of trial
Procedure and Powers of a Special Court

27. ✤ Making offences against children gender- neutral
✤ Defintion of “Sexual Assault’ has been extended to incorporate administration of
hormones or chemical substances to children to attain early sexual maturity for the
purpose of penetrative sexual assault
✤ The act is critical because it clearly defines child pornography and makes it punishable.
- The Act defines child pornography as any visual depiction of sexually explicit conduct
involving a child including photograph, video, digital or computer generated image
indistinguishable from an actual child
- The Amendments also penalise the transmitting of pornographic material to children
and propose to synchronise it with the Information Technology Act
The POCSO (Amendment) Act, 2019

28. ✤ The Act seeks to enhance punishment for sexual offences against children, with a
provision of death penalty
- According to the amendment act, those committing penetrative sexual assaults on a child
below 16 years of age would be punished with imprisonment up to 20 years, which might
extend to life imprisonment as well as fine
- In case of aggravated penetrative sexual assault, the act increases the minimum
punishment from 10 years to 20 years and the maximum punishment to death penalty
✤ To curb child pornography, the Act provides that those who use a child for pornographic
purposes should be punished with imprisonment up to 5 years and fine
✤ However in the event of a second or subsequent conviction, the punishment would be up
to seven years and fine
The POCSO (Amendment) Act, 2019

29. 1. Consent : If child refuses to undergo medical examination, Act remain silent and does
not give clear direction.
2. Child marriage: even child marriage prohibited under secular law ,it enjoys sanction
under his act thus complicating the matter
3. Reporting : Provision madatory reporting ,failure which fine and imprisonment, under
report parent
/ physician who fears legal hassel.
4. Criminalisation of trauma and separation of to hospital / shelter home leads social
difficulties.
5. Problems in implementation of act without training of Police, health care professionals.
Drawbacks of the act

30. Immediate - stress, shock, fear, confusion, self blame, anxiety, numbness, social
withdrawal
Long term-
PTSD
Depression/anxiety disorders
Eating behaviours
Sexual dysfunction
Alcohol and drug abuse
Parasuicidal behaviour/ suicide
Psychological Health Issues

31. References
https://www.aaptaxlaw.com/pocso-act/14-pocso-act-punishment-for-using-child-for-
pornographic-purposes-15-storage-section-14-15-of-pocso-act-2012.html
https://portal.theedulaw.com/SingleNotes?title=flow-chart-of-the-pocso-act-and-
punishments
https://byjus.com/free-ias-prep/posco-amendment-bill-upsc-notes/
Essentials of Forensic Medicine and Toxicology 34th Edition by K S N Reddy