The presentation provides and overview of POCSO - an Indian law law to protect children from sexual offences.

1. Law for Protection of
Children from Sexual Offences
(POCSO)
A Presentation
by
K Rajasekharan
Advocate, Thrissur Bar
Mobile : 9496125452

2. The Act defines
a child,
lists out the sexual offences against
children
&
provides for their punishment

3. Increase in POCSO cases in
Kerala
Year
• 2013
• 2015
• 2016
• 2017 January
Numbers
• 1002
• 1569
• 2093
• 149

4. A Child means
• Any person - both male and female - below
the age of 18 years

6. The Purpose of POCSO
(The Protection of Children from Sexual Offences Act
2012)
• To protect children from sexual offences such as
• Penetrative sexual offences,
• Aggravated sexual offences,
• Sexual assault,
• Sexual harassment, and
• Using a child for pornographic purposes.
• To provide for establishment of special courts for
trial of such offences &
• Other connected matters

7. Penetrative Sexual Assault
An offence
• It involves penetration of penis into vagina,
mouth, urethra or anus of a child, or
• making the child to do so, or
• manipulates any body part so as to cause the
penetration, or
• applying his mouth to those organs or making
the child to do so

8. 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 etc, is
treated as aggravated penetrative sexual assault
• Any sexual assault using deadly weapons is an
aggravated one
• Repeated sexual assault, assault of persons in charge
of children, assault by relatives, assault if child is of
mental impairment etc comes under this
• Punishment is for ten years or more

9. Sexual Assault
• Touching the vagina, penis , anus or breast of
the child with sexual intent or causing the
child to touch others similarly comes under
this
• Punishment is jail term from 3 years to 5 years

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

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

12. Using a Child for Pornographic
Purpose
• Use of a child for pornographic purpose in any
form of media for sexual gratification
• Punishment for this offence extends to 5 to
10 years depending on the nature of offence.
• Storage of pornographic materials involving
child is punishable with 3 years.

13. Abetment of an Offence
• Abetment of an offence involving child is
punishable
• Engaging in a conspiracy, suppressing
information , wilful representation of facts,
facilitating an offence, transporting a child etc
relating to child come under this offence
• Punishment for abetment is equitant to the
punishment for an offence under this act
• Even an attempt commit an offence is punishable

14. Procedure
for
Reporting a Case

15. When an Offence Happens/likely to
Happen
• Inform the Special Juvenile Police Unit or the
Local Police
• They will put a number and record the
information in simple language in the book
kept in the unit
• If the child needs care & protection the police
unit will make arrangements within 24 hours
• Inform the Child Welfare Committee & Special
Court within 24 hours

16. Procedure for Recoding Statement of
the Child
• The statement of the child to be recorded at
the normal residence of the child or its choice
by a police officer preferably women
• The officer not to wear uniform while
recording
• The child shouldn't come in contact with the
accused
• The identity of the child shall not be revealed

17. Recording of the Statement by the
Magistrate
• The Magistrate shall record the statement as
the child states in its language, in the
presence of someone the child trusts
• Do not allow the advocate to be present while
recording
• The Magistrate shall provide the police report
to the child or its parents

18. Medical Examination of the
Child
• Conduct a medical examination of the child
• The examination shall be by a woman doctor
if the victim is a 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

19. Special Courts for POCSO Cases
• A Court of Session shall be made a Special Court
for POSCO : The Second Additional District Court
is made the Special Court
• The Court shall presume that the person being
prosecuted has committed the crime unless the
contrary is proved
• Similarly the Court shall presume mental
culpability of the accused until the contrary is
proved
• The accused has to prove them beyond
reasonable doubt but not on the basis of
preponderance of probability

20. Special Public Prosecutor
• Appoint a special prosecutor for POCSO cases
• He/she shell have seven years of experience

21. Procedure
for
Recording of Evidence

22. Procedure of the Court
• The court may take cognisance of the offence on
receiving a complaint or of facts or the police
report
• The Public Prosecutor/ the Counsel for the
accused shall put the questions to the court and
the court in turn will put those questions to the
child in trial
• The examination shall be in a child friendly
atmosphere
• Aggressive questions should be avoided
• The child’s identity to be kept undisclosed

23. Procedure of the Court -
continues
• The recording shall be done within 30 days of
taking cognisance
• The trial shall be completed within one year
• The child shall not see the accused during the
proceedings
• In the trial of case in-camera proceedings to be
followed
• If child needs other places for trial, that can be
allowed
• The child can take assistance of legal practitioner

24. Special Juvenile Police Unit
( SJPU)
• The unit comprises Deputy Superintendent of
Police as Officer in charge, and
• Inspector of Police Women Cell as assisting
officer, and
• Four Civil Police Officers
• The Unit has liasion with District Child
Protection Unit, Child Welfare Committee,
Juvenile Justice Board, Child Line Labour Dept,
Education Dept, Health Dept. etc and conducts
monthly review meeting of these Departments.

25. Activities of Special Juvenile Police Unit
• Rescue & 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. Reporting of Child Abuse
Mandatory
• The reporting of cases of child sexual abuse to
the law enforcement authorities, is mandatory
for all
• Failure to report a case of child abuse is an
offence
• Reporting is obligatory even if the information is
acquired as part of professional duties with a
confidential relationship
• Any private person who fails to report a case of
child abuse is committing an offence
•

27. Thank you