A short presentation on POCSO act, relevant to medical practitioners.

1. POCSO ACT
S RAAHAVENDHAR

2. POCSO
 PREVENTION OF CHILDREN FROM SEXUAL OFFENCES
 NOVEMBER, 2012

3. WHY POCSO?
 BEFORE 2012- IPC WAS ONLY USED
 MANY ‘NEW’ FORMS OF ABUSE COULD NOT BE PROSECUTED
 TO PROSECUTE OFFENCES AGAINST BOYS

4. OBJECTIVES
♦ To protect children from the offences of
• Sexual assault;
• Sexual harassment; and
• Pornography.
♦ To establish Special Courts for speedy trial of such offences.

5. SALIENT FEATURES
(i) Burden of Proof on the Accused
(ii) Gender-neutral law
(iii) Punishment for all perpetrators irrespective of age and gender
(iv) Calibration of Offences
(v) Severer Punishment when Protectors are Perpetrators
(vi) Introduction of Child Friendly Measures
(vii) Support to the Child and Family in the form of Support Person
(viii) Accountability of every citizen towards Child Protection
(ix) Punishment for failure to report or record a case
(x) No Discretionary Jurisdiction
(xi) Confidentiality of the Child and the Family

6. DEFINITIONS GIVEN
 PENETRATIVE SEXUAL ASSAULT
 AGGRAVATED PENETRATIVE SEXUAL ASSAULT
 SEXUAL ASSAULT
 AGGRAVATED SEXUAL ASSAULT
 SEXUAL HARASSMENT
 ABETMENT/ ATTEMPT TO DO CRIME

8. CHILD
FRIENDLY
MEASURES

9. KEY STAKEHOLDERS
 PARENTS
 SPECIAL JUVENILE POLICE UNITS
 MEDICAL PROFESSIONALS
 CHILD WELFARE COMMITTEE
 NGOS & SUPPORT PERSONS
 SCHOOL AUTHORITIES & TEACHERS
 SPECIAL COURT
 SPECIAL PUBLIC PROSECUTOR
 REGISTERED CHILD CARE INSTITUTIONS
 DISTRICT CHILD PROTECTION UNIT

10. VICTIM COMPENSATION SCHEME
 INTERIM COMPENSATION
 FINAL COMPENSATION (STATE GOVERNMENT- WITHIN 30 DAYS)

11. PUNISHMENTS
S.
NO.
OFFENCE PUNISHMENT
1 PENETRATIVE SEXUAL ASSAULT SEVEN YEARS TO LIFE/ FINE
2 AGGRAVATED PENETRATIVE SEXUAL TEN YEARS TO LIFE/ FINE
3 SEXUAL ASSAULT THREE TO FIVE YEARS/ FINE
4 AGGRAVATED SEXUAL ASSAULT FIVE TO SEVEN YEARS/ FINE
5 SEXUAL HARASSMENT THREE YEARS/ FINE
6 USING CHILD FOR PORNOGRAPHY THREE YEARS/ FINE
7 ABETMENT/ ATTEMPT TO COMMIT HALF OF LIFE/ HALF OF LONGEST TERM FOR THE
OFFENCE/ FINE

12. THANK YOU