The Protection of Children from Sexual Offences (POCSO) Act 2012 was enacted to specifically protect children from sexual assault, sexual harassment, and pornography. It provides a comprehensive legal framework for the protection of children and prescribes stringent punishments ranging from 3 years to life imprisonment depending on the nature of the offence. The Act also provides for mandatory reporting of sexual offences against children, establishment of special courts for speedy trial, and special measures to support the child during judicial processes.

1. POCSO ACT
ASK

2. POCSO ?
• The Protection of Children from Sexual Offences Act ,
2012 has been drafted to strengthen the legal
provisions for protection of children from sexual
abuse and exploitation
• before passing of this act , sexual offences were
covered under different sections of IPC and did not
provide for all kinds of sexual offences for children
• There was no distinction between adult and a child

3. • Received presidents asset on
19th june 2012
• Notified in the gazette of India
on 20th june 2012
• extended to all of India except
Jammu and Kashmir
• Act came into force with effort
from 14th November 2012

4. AN OVERVIEW
• Comprehensive law to provide for
protection of children
• From offences of sexual assault ,
harassment and pornography
• To safeguard the interests of child at
every stage of the judicial process
• For the proper development of child
in view of his or her protection of the
right to privacy and confidentiality

5. TRIAL AND SPECIAL COURTS
• There are designated special courts for the trial of the cases
• There are child friendly mechanisms for reporting recording
of evidence , investigations and speedy trial of offences
• Police are cast in role of child protectors during the entire
investigation process

6. • They also have the responsibility for
making urgent arrangements of the
case
• Provides for the Special Court to
determine the amount of
compensation paid to child
• Attempt to commit an offence under
the Act is liable for punishment

7. MANDATORY REPORTING
• Act also provides for mandatory
reporting of sexual offences
• It casts alegal duty on the person who
has the knowledge that the child is
abused to report the offence
• Failing to do so attracts punishment of 6
months imprisonment and fine
• Medical examination of the child
conducted in presence of parent and in
case of a girl child by a woman doctor
• False complaint by a child is not
punishable

8. PROCEDURE FOR REPORTING OF THE CASES
Provide the information to the Special Juvenile Police Unit (SJPU) or
the local police
SJPU report the matter to Child Welfare Committee within 24 hrs
Steps taken to admit the child into shelter homes or nearest
hospital within 24 hrs of report
No person shall incur the liability for reporting the
commission of offence

9. STRINGENT
PUNISHMENTS
• The punishment varies depending upon
the gravity of the offence
• Child is not able to be repeatedly called
to testify in court
• A case of child sexual abuse must be
disposed of within 1 year from the date
the offence is reported
• Provides the special court to determine
the amount of compensation to be paid
to the child
• No person in any media should disclose
the details regarding the identity of
child

10. IMPORTANT PROVISIONS OF THE ACT
• Definition of the child
• Definition of different forms of sexual abuse , including
penetrative and non penetrative assault and what constitutes to
be aggravated sexual assault
• Punishments are for the relevant sections

11. DEFINITIONS
• The act defines a child as any
persons below 18 years of age
• Penetrative sexual assault
• Sec 3 :means when a male person
penetrates either his penis or any object
or any part of his body or does
something to either penetrate into the
private parts of child or make the
child do so either to him or any other
person
Section 5: an offence is treated as
aggravated penetrative sexual assault
when the penetration is committed by
a person in a position of trust or
authority of child
Eg…staff of school /hospital , principal
,public servant police officer etc

12. • Sexual assault
• Sec 7 ; whoever with bad
intension touches the private
parts of a child , be it a male or
female child , or make the
child do so or does any act with
a sexual intent and which
involves physical contact
without penetration is said to
be committing sexual assault
• Aggravated sexual assault
• Sec 9: sexual assault
committed by any police
officer , armed forces , public
servant , manager of a hospital
or an institution on a child

13. • Sexual harrassment
• Sec 11 ; when any person with a
sexual intent 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 sexual
harassment
• Even showing a porn film with any
sexual intention is an offence
• Using a child for pornographic
purposes is also an offence
punishable under the act

14. PUNISHMENTS
Penetrative
sexual assault
( sec 3)
Not less than
7 years which
may extend to
imprisonment
for life and
fine (sec 4)
Aggravated
penetrative
sexual assault
(sec 5)
not less than
10 years which
may extend to
imprisonment
for life and fine
(sec 6)
Sexual assault
(sec 7)
Not less than 3
years which
may extend to
five years and
fine (sec 8)

15. Aggravated
sexual assault
(sec 9)
Not less than
5 years which
may extend 7
years ,and
fine (sec 10)
Sexual
harassment of
child (sec 11)
3 years and
fine (sec 12)
Use of child for
pornographic
purposes (sec 13)
5 years and fine in
the event of
subsequent
conviction , 7
years and fine
(sec 14)

16. GUIDING PRINCIPLES AT THE PRE TRIAL AND TRIAL
STAGES
• Right to life and survival
• The best interests of child
• The right to be treated with
dignity and compassion
• The right to be protected from
discrimination
• The right to special preventive
measures
• The right to be informed
• The right to be heard and
express views and concern
• The right to effective
assistance ,privacy , safety
and compensation

17. SPECIAL GUIDELINES ON
INTERVIEWING THE THE CHILD
• Details of assault - time ,
place , frequency ,
description of clothing worn
• Conducted by trained
professionals
• Purpose of interview would
be to support accurate and
fair decision making in
criminal justice

18. REASONS FOR INTERVIEWING THE CHILD
• To get a picture of child’s physical
and emotional state
• To establish whether child needs
urgent medical attention
• To find whom the child trusts
• To find the child’s relationship with
parents or family now
• To assure the child that he or she is
now safe and would be cared for