2. WHAT IS POCSO ACT
• In order to effectively address the heinous crimes of sexual abuse
and sexual exploitation of children through stringent legal provisions,
the Ministry of Women and Child Development advocated the
Protection of Children from Sexual Offences (POCSO) Act, 2012.
There are five key points with regard to POCSO Act
2012:-
a) It is a Gender-neutral law
By defining a child as ‘any person’ below the
age of 18 years, the POCSO Act sets a gender-neutral
tone for the child sexual abuse victims.
Consequently, a child of any gender who has been
sexually abused has access to the remedies provided
under the act.
3. • B) Not reporting abuse is an offence
• The main feature of the POCSO Act, and arguably
the most debated one, is the mandatory
reporting obligation. It requires every person
who suspects or has knowledge of a sexual
offence being committed against a child to
report it to the local police or the Special
Juvenile Police Unit.
• Any person in charge of an institution who
fails to report the commission of a sexual
offence relating to a subordinate is liable to
be punished.
4. C) No time limit for reporting abuse
• Typically, the trauma that child sexual abuse
victims endure prevents them from voicing their
complaints immediately. Recognising this, in
2018, the Union Ministry of Law and Justice
clarified that there is no time or age bar for
reporting sexual offences under the POCSO Act.
Consequently, a victim can report an offence at
any time, even a number of years after the
abuse has been committed.
5. • D) Maintaining confidentiality of the victim’s
identity
• POCSO Act prohibits disclosure of the victim’s
identity in any form of media, except when
permitted by the special courts established
under the act. A violation of this section can
attract punishments under the act, regardless
of whether such disclosures are made in good
faith.
6. E) New obligations under the POCSO Rules
• The Government has also introduced a fresh set
of POCSO Rules. Firstly, any institution
housing children, or coming in regular contact
with them, is required to conduct a periodic
police verification and background check of
every employee who might interact with a child.
Secondly, such an institution must impart
regular training to sensitise its employees on
child safety and protection. Thirdly, it has to
adopt a child protection policy based on the
principle of zero tolerance to violence against
children.
7. PUNISHMENTS FOR OFFENCES
COVERED IN THE POCSO ACT
• Medical examination of the child should be conducted in
the presence of the parent of the child.
• In case the victim is a girl child, the medical examination
shall be conducted by a Woman Doctor. .
• The punishment for breaching this provision by media may
be from six months to one year.
• The POCSO Act is only applicable to child offences. In case
two children have sexual relations with each other, or a child
perpetrates a sexual offence on an adult.
8. Aggravated sexual assault
Whoever, being a police officer, commits sexual assault on a
child--
• (i) within the limits of the police station or premises where he is
appointed; or
• (ii) in the premises of any station house whether or not situated in
the police station to which he is appointed; or
• (iii) in the course of his duties or otherwise; or
• (iv) where he is known as, or identified as a police officer
(iv) where he is known as, or identified as a police officer
a) Whoever, being a police officer, commits sexual assault on a child--
(i) within the limits of the police station or premises where he is appointed; or
(ii) in the premises of any station house whether or not situated in the police station to which he is appointed; or
(iii) in the course of his duties or otherwise; or
(iv) where he is known as, or identified as a police officer