The POCSO Act, or the Protection of Children from Sexual Offences Act, is a law in India enacted in 2012 to protect children from sexual assault, sexual harassment, and pornography. It defines a child as anyone below the age of 18 and provides a framework for addressing these offenses, including punishment for perpetrators, compensation to victims, and establishing special courts for trials. Key aspects of the POCSO Act: Definition of a Child: The act defines a child as anyone under the age of 18. Protection from Sexual Offences: It specifically protects children from sexual assault, sexual harassment, and pornography. Punishment for Offences: The act prescribes penalties for various sexual offenses against children, with punishments ranging from imprisonment to fines, depending on the severity of the offense. Child-Friendly Procedures: It mandates child-friendly procedures for recording statements, medical examinations, and court appearances to ensure a safe and supportive environment for child victims. Reporting Obligations: The act places a responsibility on individuals to report any suspected offenses, with penalties for failure to do so. Special Courts: It establishes special courts for the speedy trial of cases related to sexual offenses against children. Care and Protection: The act emphasizes the need for care and protection for child victims, including emergency medical care and support services. Gender Neutrality: While focusing on child protection, the act is gender-neutral, meaning it applies equally to both male and female children. Aggravated Offences: The act recognizes aggravated forms of sexual assault, such as those committed by individuals in positions of trust or authority over the child, and prescribes stricter penalties. Amendments: The act has been amended to further strengthen its provisions and address loopholes. In essence, the POCSO Act is a comprehensive legal framework designed to protect children from sexual exploitation and ensure that they receive justice and support when they become victims of such crimes.

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

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

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

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

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

8. PROCEDURE FOR REPORTINGOF 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. STRINGEN
T
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

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 ,

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

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

14. PUNISHMENTS
Penetrative
sexual
assault ( sec
3)
Not less
than 7 years
which may
extend to
imprisonme
nt for life
and fine
(sec 4)
Aggravated
penetrative
sexual
assault (sec
5)
not less than
10 years
which may
extend to
imprisonmen
t 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 ,

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

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