presentation on POCSO Act

1. By
Dr. Sushma Singh

2. Protection of
Children
from
Sexual Offences

3.  For the first time.
 Earlier covered under different sections of
IPC.
 There was no distinction between an adult
and a child victim.
 Defined for the offences of sexual assault,
sexual harassment, and pornography

4.  Act has come into force with effect from 14th
Nov 2012.
 Provides protection of children fromSexual
assault, sexual harassment and pornography.
 Safe guard the interests of the child at every
stage of the judicial process.
 Proper developmentof the child in view 0f
his/her protection of right to privacy and
confidentiality.

5.  Designated special courts for the trial of the cases.
 Child friendly mechanism for reporting, recording of
evidences, 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
arrangementsfor the care and protection of the child.
 Special court to determine the amount of
compensation to be paid to a child.
 The attempt to commit is also punishable.


6.  Mandatory reporting of sexual offences.
 Casts a legal duty upon a person who has
knowledge that a child has been sexually abused
to report the offence.
 Failing to do so attractsa punishment of six
months imprisonment and /or a fine.
 In-camera trial of cases.
 The medical examination of the child should be
conducted in the presence of the parents of the
child and in case of a girl child by a woman
doctor.

7.  Any person knows – offence has been committed or
likely to be committed should provide information to
Special Juvenile Police Unit (SJPU) or Local Police.
 Police Unit should make immediate arrangementsto
give the child care and protection.
 Should report the matter to the child welfare
committee within 24 hours of the recording the
complaint.
 Steps to admit the child into shelter home or to the
nearest hospital within 24 hours of report.
 No person shall incur the liability either civil or
criminal for reporting the commission of the offence

8.  Any personal- media, studio, photographic facility,
hotel, lodge- on coming to know about the object or
material known to be sexually exploitative of the child
to SJPU or local police.
 Failure to report or record would be punishable with
six months’ imprisonment of fine or with both.
 Section 21: any person in-charge of a company or
institution or by whatevername 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.

9.  SP- depending upon gravity of the offence,
Punishment range from simple to rigorous
imprisonment of varying periods along with the
provision of fines too.
 The child is not to be called repeatedly to testify
in court.
 Case must be disposed off within one year from
the date the offence is reported.
 Special court to determine the amount of
compensation to be paid to child.
 No person in any media should disclose the
details regarding the identity of the child.

10.  Definition of the child.
 Different forms of sexual abuse, including
penetrative or non-penetrative assaults.
 And what constitutes to be aggravated sexual
assault.
 Prescribed punishments under the relevant
sections.
 Assault by a group and the relevant punishment.
 Mandatory reporting of the crime.
 Abetment of an offence under the act would
also attract the same punishment as that of the
offence committed.

11.  According to POCSOAct:A child as any person
below 18 years of age.
 Penetrative- male penetration either his penis or
any object or any part of his body, mouth into
the private parts of the child.
 Section 5: “Aggravated Penetration Sexual
Assault” committed by a person in a position of
trust or authority of child such as member of
security forces, police officer, public servant etc.
for Ex: any staff, principal or management staff
of the hospital or any place of custody or care or
protection.

12.  Section 11- a person with a sexualintent utters a word or
makes any sound or gesture or displays or exposes any part
of the body, with an intention that the child would hear the
sound, or sees the part of the body is said to commit the
offence of Sexualharassment.
 Showing of any porn film with any sexualintention too is an
offence.
 Using a child for pornographic purposes.
 Section 16- instigation or facilitation or by willful
misrepresentation or willful concealment of a material fact,
of a child to do an act with a sexualintention is also the
abetment of the offence of sexualharassment.

13.  Section 7- whoever with the bad intention touches the
private parts of a child. Be it a male or a female child, or
makes the child to do so. Or does any act with a sexual
intent.
 And which involves physical contact without penetration is
said to be committing sexual Assault.
 Punishment- not less than 3 years or may also extend to 5
years with or without fine.
 Section 9- Aggravated Sexual Assault” means assault
committed by a person in a position of trust or authority
of child such as member of security forces, police officer,
public servant etc. for Ex: any staff, principal or
management staff of the hospital or any place of custody
or care or protection.

14.  Right to life and survival.
 The Best interest of the child.
 The right to be treated with dignity and
compassion.
 The right to be protected from discrimination.
 The right to be special preventative measures.
 The right to be informed.
 The right to be heard and to be express views
and concerns.
 The right to be effective assistance, privacy,
safety and compensation.

15.  Regarding the details of the assault, including
the time, place, frequency, description of
clothingworn and so on.
 By a trained professional.
 Should be forensic rather than therapeutic
interview, sensitive, unbiased and truth-
seeking.
 Purpose would be support accurate and fair
decision-makingin the criminaljustice.

16.  To get a picture of the child’s physical and emotional
state.
 To establish whether the child needs urgent medical
attention.
 To get a picture of the child’s relationship with his
parents or family now the circumstances leading to
the concern.
 To find out the child that he/she is now safe and
would be cared for.

17. SN. Offence Section Punishment Section
1 Penetrative
sexual Assault
3 Not less than 7 years which may extend to
imprisonment for life and fine
4
2 Aggravated
Penetrative
sexual Assault
5 Not less than 10 years which may extend to
imprisonment of life and fine
6
3 Sexual Assault 7 Not less than 3 years which may extend to 5 years
and fine
8
4 Aggravated
Sexual Assault
9 Not less than 5 years which may extend to 7 years
and fine
10
5 Sexual
Harassment
11 3 years imprisonment and fine 12
6 Use of child
for
pornography
13 5 years imprisonment and fine. In case of
subsequent conviction, 7 years imprisonment and
fine
14

18. for
your attention