The document outlines the Protection of Children from Sexual Offences Act, 2012 (POCSO Act) in India. It defines a child as under 18 and describes offenses covered like penetrative sexual assault, sexual assault, sexual harassment, and use of children for pornographic purposes. Aggravated forms of offenses are defined. Punishments for each offense are provided, ranging from 3 to 10 years imprisonment. Special procedures are outlined for reporting, medical examination of children, trial in Special Courts, and rehabilitation of victims.

1. The Protection of Children from
Sexual Offences Act, 2012
(POCSO,2012)
Ministry of Women and Child Development
Government of India

2.  Provide protection to all children from
the offences of sexual assault, sexual
harassment and pornography
 Child defined as any person below
the age of 18 years
Purpose of the Act

3.  Penetrative Sexual Assault (Section 3)
 Aggravated Penetrative Sexual Assault
(Section 5)
 Sexual Assault (Section 7)
 Aggravated Sexual Assault (Section 9)
 Sexual Harassment of the Child
(Section 11)
 Use of Child for Pornographic Purposes
(Section 13)
Offences covered under the
Act…
3

4.  Offence is “aggravated” when :
 Committed by a person in position of trust or
authority such as police/army/security
personnel, public servants or family members
 Committed by persons in management or staff
of educational, medical or religious institution
 Committed by persons in management or staff
of jail, remand home, protection home,
observation home, or any other place of
custody or care and protection
Offences covered under the
Act…..
4

5.  Offence is “aggravated” when :
Gang assault
When offence causes grievous hurt
When offence causes physical or mental
disability
When offence is committed taking
advantage of child’s mental or physical
disability
When offence is committed more than
once
Offences covered under the
Act…..

6.  Offence is “aggravated” when :
 When child is below 12 years of age
 When offender is a relative of the child
 When attempt is also made to murder
the child
 When offence is committed and child is
made to strip and/or parade naked in
public
Offences covered under the
Act…..

7.  Offence is “aggravated” when :
 When committed by a person who
has been previously convicted of
having committed such an offence,
either under this law or any other
law
 When offence is committed in course
of communal or sectarian violence
Offences covered under the
Act…..

8. Cont..
Punishments under the Act…..
8
Offence Punishment Section in the Act
Penetrative Sexual
Assault
7 years to
imprisonment for life
Section 4
Aggravated
Penetrative Sexual
Assault
10 years to
imprisonment for life
Section 6
Sexual Assault 3 years to 5 years Section 8
Aggravated Sexual
Assault
5 years to 7 years Section 10
Sexual Harassment
of the Child
3 years Section 12

9. Punishments under the Act …..
9
Offence Punishment Section in the Act
Use of Child for
Pornographic
Purposes
5 years and in case of
subsequent conviction, 7
years
Section 14 (1)
If along with
pornographic
acts offence
also committed
under -
Section 3: 10 years to life
imprisonment
Section 5: Life
imprisonment
Section 7: 6 years to 8
years
Section 9: 8 years to 10
years
Section 14 (2)
Section 14 (3)
Section 14 (4)
Section 14 (5)

10.  Punishment for storing pornographic
material involving a child, for
commercial purposes – 3 years
(Section 15)
 Burden of proof shifted on accused in
case of serious offences (section 3,5,
7 and 9)
Punishments under the Act …..

11.  Abetment treated with same gravity as
commission of that offence (Section 16)
 Trafficking of children for sexual
purposes covered under abetment
(Section 16 Explanation III)
 Attempt to commit an offence
penalized, for upto half the punishment
prescribed for that offence (Section 18)
Abetment and Attempt ….
11

12.  Reporting of offence to the SJPU or
the local police
 In case child is in need of care and
protection, SJPU/local police to
provide such care within 24 hours of
the report
 SJPU/local police to report the matter
to CWC and Special Court within 24
hours
Procedure for Reporting of
Cases……

13.  Obligation of media, studio and
photographic facilities to report cases
to SJPU/local police
 Failure to report commission of
offence punishable with imprisonment
of six months or with fine or both
 Failure to record an offence also
punishable with imprisonment of six
months or with fine or both
Procedure for Reporting of
Cases……

14.  Failure to report by a person, who is
in charge of any company or an
institution, in respect of offence
committed by subordinate under his
control, also punishable with
imprisonment of one year and fine
 Failure to report not punishable in
case of a child
Procedure for Reporting of
Cases……

15.  False complaint against any person
with malicious intent punishable with
imprisonment of 6 months or with
fine or both
 False complaint against child,
punishable with imprisonment of one
year or with fine or with both
 No civil or criminal liability for giving
information in good faith
Procedure for Reporting of
Cases……

16.  Media not to disclose the identity of
the child, except when permitted by
the Special Court
 Identity includes: name, address,
photograph, family details, school,
neighbourhood or any other particulars
which may lead to disclosure of identity
of the child
 Punishment in case of contravention is
imprisonment for not less than 6 months
which may extend to one year
Procedure for Reporting of
Cases……

17.  Child friendly procedures:
Recording at the residence of child
Recording by officer not below the
rank of sub-inspector
Police officer not to be in uniform
Child not come in contact with the
accused
Child not to be detained in police
station in night
Procedures for Recording
Statement of Child…

18. Assistance of translator/ interpreter/
special educator as the case may be
Wherever possible recording also by
audio-video electronic means
Procedures for Recording
Statement of Child…

19.  Recording of statement by Magistrate:
As per Section 164 of CrPC
Sub-section (I) of Section 164 shall
not apply
As spoken by child
Procedures for Recording
Statement of Child…

20. As per section 164A of CrPC
In case of girl child, medical
examination by lady doctor
Medical examination in the presence
of parents
Medical examination

21.  A Court of Session in each District to
be designated as Special Court for
speedy trial
 State Government to appoint a
Special Public Prosecutor for every
Special Court
Special Courts

22.  Cross examination of the child
through Special Court
 Frequent breaks for child during
trial
 Presence of parents/ guardian/
friend/relative of child
 Child not to be called repeatedly to
testify
Procedures and powers of
Special Courts……

23.  Identity of the child not to be
disclosed
 No aggressive questioning or
character assassination of child
 “In-camera” trial of cases
 Child not to see the accused at the
time of testifying
Procedures and powers of
Special Courts……

24.  Special Court may take assistance of
interpreter/ translator/ special
educator
 Evidence to be recorded within 30
days
 Completion of trial by Special Court
within a year
Procedures and powers of
Special Courts……

25.  Provision for compensation for
immediate relief and long-term
rehabilitation of child
 Provision for free legal aid
Compensation and Legal Aid

26.  National Commission for Protection of
Child Rights (NCPCR) designated as
Monitoring authority of the Act
 Onus on Centre and States to spread
awareness on the provisions of the
Act
 Onus on Centre and States to provide
training to their officers and other
concerned persons
Monitoring and Awareness….
26

27.  Provisions under the Rules

28.  DCPU to maintain register of such
persons in each district
 Payment to them to be made by State
Government from JJ Fund
 Preference of child to be taken into
consideration
Interpreters/translators/Special
educators

29.  Police to determine immediate need for
care and protection
 Police to arrange for emergency
medical care
 Ensure forensic samples are sent to
forensic laboratory at the earliest
 Inform the child and parents/guardians
about support services including
counseling and access to legal aid
Care and Protection….

30.  Child to be produced before CWC within
24 hours of receipt of report if:
The accused is living in the same or
shared household with the child
Child is living in child care institution
and is without parental support
Child is found to be without any
home and parental support
Care and Protection

31.  CWC may provide a support person
(or an organization) to render
assistance to the child
 Support person to:
 maintain confidentiality
Inform about proceedings,
available assistance, judicial
procedures and potential
outcomes
Support person

32.  Where support person is provided,
SJPU or local police to inform Special
Court in writing within 24 hours
Support person

33. SJPU or local police to update
child/guardian/other person whom the child
trusts/Support person about the progress
of the case:
Availability of emergency & crisis services
 Procedural steps in criminal prosecution
 Availability of victim compensation
benefits
Status of investigation
Arrest of suspected offender
Information to be provided

34. Filing of charges against suspected
offender
Schedule of court proceedings that
the child is required/entitled to
attend
Bail, release or detention status of
offender
Rendering of verdict after trial
Sentence imposed on offender
Information to be provided

35.  Privacy of child to be protected
 Medical care in the presence of
parents/guardians
 No legal or magisterial requisition or
documentation required
 Any forensic evidence to be collected
in accordance with section 164 A of
CrPC
Emergency Medical care

36.  Special court may provide interim
compensation after registration of FIR
 Compensation to take into account
 type, gravity and severity of abuse
 expenditure incurred on medical
treatment
 loss of educational opportunity
Loss of employment
Compensation

37. Relationship of child with offender
If abuse was single/ isolated or took
place over a period of time
Whether child became pregnant
Whether child contracted STD
Whether child contracted HIV
Any disability suffered by child
Financial condition of child
Compensation

38.  Compensation to be paid by the State
Government within 30 days of receipt
of order

39.  NCPCR and SCPCR to monitor the
implementation of provisions of the
Act:
Designation of Special courts by
State Governments
Appointment of Public Prosecutors
by State Governments
Formulation of guidelines by State
Governments
Monitoring of the Act…….

40. Design and implementation of
modules for training
Support Central and State
Governments for dissemination of
information
 NCPCR and SCPCR may call for report
on any specific case within the
jurisdiction of CWC
Monitoring of the Act…….

41.  NCPCR and SCPCR may also collect
information on:
 No. and details of offences reported
 Whether procedures were followed
 Details of arrangements for care
and protection
 Details regarding assessment of the
need for care and protection
Monitoring of the Act

42. Offence Cognizable
or non-
Cognizable
Bailable or
non-bailable
By what
Court
triable
Sections
under
POCSO
If punishable with
death, imprisonment
for life or
imprisonment for
more than 7 years
Cognizable Non-bailable Court of
Session
Section 4,6
If punishable with
imprisonment for 3
years and upwards
but not more than 7
years
Cognizable Non-bailable Special
Court
Section 8,
10, 12,14
If punishable for less
than 3 years or with
fine only
Non-
cognizable
Bailable Special
Court
Section
21,22
CrPC─ II. Classification of
Offence against other Laws

43. Role of Police

44.  Must attend to complaint even if it is
apprehension
 DD entry must
 After entry report to be read to
informant
 Report to be entered in book/register
 Register FIR as soon as possible
Role of Police

45.  Police (IO) to disclose
 Name & designation
 Address & telephone number
 Name &designation of police officer who
supervises the officer receiving the
information
 Provide copy of FIR free of cost
Role of Police

46.  Emergency medical care by Police within
24 hours
 Privacy of child to be protected
 Presence of parent or guardian or in
whom child has confidence
 No medical practitioner to ask for any
legal or magisterial or other document
Role of Police (Emergency
Medical Care)
46

47.  Inform child/parent/guardian about
support services
 Inform child/parent/guardian about right
to legal advice
 Report to CWC, in case child needs care
and protection
 Produce the child before CWC as per the
requirement
Role of Police

48.  Recording in simple language
 Assistance of translator / interpreter
/special educator as the case may be
 Recording statement of child at the
residence of child or at the place of
his choice
 Statement to be recorded in the
presence of parents or in whom child
has confidence
Role of Police

49.  Police officer not to be in uniform
 Child not to come in contact with the
accused
 No child to be detained in police
station in night
 Identity of child to be protected from
media
 Recording by audio-video electronic
means
Role of Police

50.  Translator/interpreter/special
educator to be procured from DCPU
 Police may engage any other person
subject to the satisfaction of the
DCPU
 Any preference by the child at any
stage to be given preference
Role of police

51.  Interpretation/translation in
accordance with section 282 of CrPC
 Payment to these persons to be made
from Fund maintained under Section
61 of the JJ Act
Role of Police

52.  To be conducted in accordance with
section 164A of CrPC
 In case of girl victim, woman doctor
to conduct examination
 Examination in the presence of
parent or any other person whom the
child trusts
Role of Police (Medical
Examination)

53.  CWC may provide a support person
(or an organization) to render
assistance to the child
 Where support person is provided,
SJPU or local police to inform Special
Court in writing within 24 hours
 SJPU or local police to update
child/guardian/other person whom
the child trusts/Support person about
the developments
Role of Police (Support person)

54.  availability of emergency & crisis
services
 Procedural steps in criminal
prosecution
 Availability of victim compensation
benefits
Status of investigation
Arrest of suspected offender
Information to be provided by
SJPU or local Police

55.  Filing of charges against suspected
offender
 Schedule of court proceedings that
the child is required/entitled to attend
 Bail, release or detention status of
offender
 Rendering of verdict after trial
 Sentence imposed on offender
Information to be provided by
SJPU or local Police

56.  Keep POCSO Act and Rules always
handy for reference

57. THANK YOU!