Pocso ppt adv.seena rajagopal

Presented by
Adv. Seena Rajagopal, LL.M
Member, Child Welfare
Committee, Thrissur

 Physical
 Emotional
 Neglect
 Sexual Abuse

Child Sexual Abuse
 Indian Penal Code, 1860
 Juvenile Justice (Care & Protection of
Children) Act, 2000
 Information Technology Act, 2000
 Protection of Women from Domestic
Violence Act, 2005
 Sec.119 Kerala Police Act, ,2011
 Protection of Children from Sexual
Offences Act, 2012

Protection of Children from
Sexual Offences Act, 2012
(POCSO Act)
from 14th November 2014

Back drop of the Act
Indian Penal Code before POCSO
 Section 509 : word, gesture or act intend to
insult modesty of woman
 Section 354: assault or criminal force to
Outrage modesty of woman
 Section 375 : Rape
 Section377: Unnatural offences

Protection of Children from Sexual Offences
Act, 2012 (POCSO Act)
• Child : A person who has not attained age of 18
- Girls, boys, Transgenders
• Accused ?

Support PersonRule 4(7)
 The CWC, on receiving a report under sub-section (6) of
section 19 of the Act and
 with the consent of the child and his parent or guardian or
other person in whom the child has trust and confidence,
 may provide a support person to
 render assistance to the child through the process of
investigation and trial.
 Such support person may be a person or organisation
 working in the field of child rights or child protection, or
 an official of a children’s home or shelter home having
custody of the child, or
 a person employed by the DCPU:

Support PersonRule 4(7)
 The support person shall at all times maintain the
confidentiality of all information pertaining to the
child
 shall keep the child and his parent or guardian or
other person in whom the child has trust and
confidence, informed.
 shall also inform the child of the role he may play in
the judicial process and
 Ensure safety of child from the accused and
 the manner in which child would like to provide his
testimony, are conveyed to the relevant authorities

Principles to be followed at Pre-trial
and Trial Stages
1. Right to life and survival.
2. The best interests of the child.
3. The right to be treated with dignity and
compassion.
4. The right to be protected from discrimination.
5. The right to special preventive measures.
6. The right to be informed.

Principles to be followed at Pre-trial
and Trial Stages
7. The right to be heard and to express views
8. The right to effective assistance.
9. The right to privacy.
10. The right to be protected from hardship
during the justice process
11. The right to safety .
12. The right to compensation

Offences
Penetrative Sexual Assault : b/w 7 yrs & life
Aggravated Penetrative Sexual Assault : b/w 10 &
life
Sexual Assault : b/w 3 & 5 yrs
Aggravated Sexual Assault : b/w 5 & 7 yrs
Sexual Harassment : 3 yrs
Using Child for pornography: 7 yrs

Penetrative Sexual Assault (Sec.3)
 Penetrates penis,
 Inserts, to any extent, any object or a part of the
body, not being the penis,
 to any extent, into the vagina, mouth, urethra or
anus of a child or
 makes the child to do so with him or any other
person; or

Penetrative Sexual Assault contd.
 Manipulates any part of the body of the child
so as to cause penetration into the vagina,
urethra, anus or any part of body of the child
 Makes the child to do so with him or any
other person;
 Applies his mouth to the penis, vagina, anus,
urethra of the child or
 Makes the child to do so to such person or
any other person

Punishment for Penetrative Sexual
Assault (Sec.4)
 Imprisonment for not be less than
seven years to Life imprisonment and
 liable to fine.

AGGRAVATED PENETRATIVE SEXUAL
ASSAULT (Sec.5)
 By whom
 Against whom
 How
 Consequence
 Repetition

AGGRAVATED PENETRATIVE SEXUAL ASSAULT
(Sec.5)
By Whom
 Police officer,
 Member of the armed forces or security forces
 Public servant
 Management or of the staff of :
 a jail, remand home, protection home,
observation home, or other place of custody or
care and protection
 a hospital, whether Government or private

(Sec.5)
By Whom
 an educational institution or religious institution
 a relative of the child through
blood or adoption or marriage or guardianship or in
foster care or having a domestic relationship with a
parent or who is living in the same or shared
household.
 Ownership, or management, or staff of any institution
providing services to the child
 A person in a position of trust or authority of a child
commits it on the child in an institution or home of
the child or any where else.
 Subsequent offences

ASSAULT Contd(Sec.5)
How?
 Gang penetrative sexual assault on a child;
or
 Uses deadly weapons, fire, heated substance
or corrosive substance; or

(Sec.5)
Consequence?
 causing grievous hurt or causing bodily harm and
injury or injury to the sexual organs of the child;
 If this causes
i. physical or mental incapacity to the child
temporarily or permanently; or
(ii) Pregnancy
(iii) inflicts the child with Human Immunodeficiency
Virus or any other life threatening disease or
infection

(Sec.5)
On whom?
 mentally or physically disabled child.
 a child below twelve years
 If child is pregnant.
 During communal or sectarian violence; or
Repetition
more than once or repeated offence

ASSAULT (Sec.5)
After assault,
 makes the child to strip or parade naked in public
 attempts to murder the child

Punishment for Aggravated penetrative
sexual assault (Sec.6)
 Rigorous imprisonment for not be less than
ten years to life imprisonment and
 liable to fine.

Sexual Assault (Sec.7)
 Touching the vagina, penis, anus or breast of
the child
 Makes the child do same that person or any
other person, with sexual intent
 Any other act with sexual intent which involves
physical contact without penetration.

Punishment for Sexual assault. (Sec.8)
Imprisonment for not be less than 3
years to 5 years
liable to fine.

AGGRAVATED SEXUAL ASSAULT
(Sec.9)
 By whom
 Against whom
 How
 Consequence
 Repetition

Punishment for Aggravated Sexual Assault.
(Sec.10)
Imprisonment for not be less than 5
years to 7 years
liable to fine.

Sexual Harassment (Sec.11)
(i) utters any word or makes any sound, or makes any
gesture or exhibits any object or part of body
(ii) makes a child exhibit his body or any part of his
body so as it is seen by such person or any other
person; or
(iii) shows any object to a child in any form or media
for pornographic purposes; or

Sexual Harassment (Sec.11)
(iv) repeatedly or constantly follows or watches
or contacts a child either directly or through
electronic, digital or any other means; or
(v) threatens to use, in any form of media, a real
or fabricated depiction through electronic, film
or digital or any other mode, of any part of the
body of the child or the involvement of the
child in a sexual act; or
(vi) entices a child for pornographic purposes or
gives gratification therefor.

Punishment for Sexual Harassment.
(Sec.12)
Imprisonment upto 3 years.
liable to fine.

Using child for pornographic
purposes (Sec 13)
 Using a child in any form of media including
- programme or
-advertisement,
- telecast by television channels or
- internet or
-any other electronic form or printed form,
 either intended for personal use or for
distribution,
 for the purposes of sexual gratification,

Using child for pornographic
purposes (Sec 13)
which includes—
(a) representation of the sexual organs of a
child;
(b) usage of a child engaged in real or
simulated sexual acts (with or without
penetration);
(c) the indecent or obscene representation of
a child,

Punishment for using child for
pornographic purposes. (Sec.14)
Imprisonment up to life .
liable to fine.

Punishment for storage of pornographic
material involving child.(Sec.15)
 Storage for commercial purposes any
pornographic material involving a child
 Imprisonment upto three years or with fine
or with both.

Punishment for Abetment(Sec.17)
 Same as the Offence
Punishment for Attempt(Sec.18)
One half of life imprisonment
or
One half of the longest term of imprisonment provided for the offence
Or
with fine or with both

Obligation of media, studio and photographic facilities to
report cases.
 Any personnel of the media or
 hotel or lodge or
 hospital or
 club or
 studio or photographic facilities
 on coming across any material or object which is
sexually exploitative of the child
 inform to the Special Juvenile Police Unit, or to the
local police,
 Failure - 6 months or with fine or both

Punishment for false complaint or false
information (Sec.22)
to humiliate, extort or threaten or
defame – upto 6 months or with fine or
with both.
If by a child - no punishment.
against a child- one year or with fine or
with both.

Procedure for media.(Sec23)
(1) No report or comments on any child from media or
studio or photographic facilities - which lowers
reputation or infringing upon privacy.
(2) Not to disclose, the identity of a child including his
name, address, photograph, family details, school,
neighbourhood or any other particulars which discloses
identity.
6 months to 1 year or with fine or with both.

Report or record caseSec.19
 Any person -
 apprehension of offence likely to be committed
 or has knowledge of an offence
 Report
 To Special Juvenile Police unit
 Local police
 Failure - 6 months or fine (Sec 21)
 No liability - civil or criminal - for giving the
information in good faith

PROCEDURE FOR REPORTING OF CASES (Sec.20)
 If Police is satisfied that the child is in need
of care and protection, - give her such care
and protection (shelter home or hospital)
within 24 hours of the report.
 Report the matter to the Child Welfare
Committee and the Special Court or where no
Special Court has been designated, to the
Court of Session.

PROCEDURE FOR REPORTING OF CASES
(Sec.20)
 Every report given under sub-section (1) shall
be—
(a) ascribed an entry number and record in
writing;
(b) be read over to the informant;
(c)enter in a book kept by the Police Unit.
 If by child - record in a simple language -
understands by child.
 If necessary, seek help of a translator or an
interpreter

Medical examination of Child
(Sec. 27)
 M.E to be done even if no F.I.R registered
 Girl child – Done by lady doctor
 In the presence of parent / person whom child
has trust or confidence
 In their absence, in the presence of a woman
nominated by the medical institution.
(As per 164-A)

Pre Trail Procedure
Be careful….
It should be Child Friendly !

Pre trail : STATEMENT OF THE CHILD
(Sec.24)
 At the residence of the child or at a place
where he/she usually resides or at the place of
his/her choice and
 As far as practicable by a woman police officer
not below the rank of sub-inspector.
 Not to be in uniform.
 No point of time the child come in the
contact in any way with the accused.

(Sec.24)
 No detention in the police station in the night.
 The police officer shud protect identity from the
public media, unless otherwise directed by the
Special Court in the interest of the child.
 record as spoken by the child
 ensure presence of the parents of the child or
any other person in whom the child has trust or
confidence.

(Sec.24)
• If necessary, take the assistance of a
qualified
• translator or
• an interpreter or special educator or
• any person familiar with the manner of
communication of the child or
• an expert in that field,
• If possible, record it by audio-video
electronic means.

Recording of statement by Magistrate (Sec.25)
 record the statement as spoken by the child:
 No presence of the advocate of the accused.
 Provide to the child and his parents or his
representative, a copy of the document u/s 207
of Cr.P.C. (Police Report, F.I.R., 161 Statements,Confessions
etc)

Guidance on examining child victims and
witnesses - At trial
Information to be given
 Charges brought against the accused or, if none, the stay of the
proceedings against him;
 The progress and results of the investigation;
 The progress of the case;
 The status of the accused, including his/her bail, temporary release,
parole or pardon,escape, absconding from justice or death;
 The available evidence;
 The child‟s role in the proceedings;
 The child‟s right to express their views and concerns in relation to the
proceedings;
 The scheduling of the case; All decisions, or, at least, those decisions
affecting their interests;
 Their right to challenge or appeal decisions and the modalities of
such appeal;
 The status of convicted offenders and the enforcement of their
sentence, including their possible release, transfer, escape or death.

The information to be provided to Child
 the availability of public and private emergency and
crisis services;
 the procedural steps involved in a criminal
prosecution;
 the availability of victims’ compensation benefits;

Trail Procedure
Again careful….
It should also be Child Friendly !

Trail Stage
 No Committal procedure
 Both advocates - the examination-in-chief, cross-
examination or re-examination of the child -
communicate the questions to be put to the child to
the Special Court which shall in turn put those
questions to the child.
 If necessary, permit frequent breaks for the child
during the trial.
 Create a child-friendly atmosphere by allowing a
family member, a guardian, a friend or a relative, in
whom the child has trust or confidence, to be present
in the court.

Trail Stage
 No repeated calls in court.
 No aggressive questioning or character
assassination of the child and
 ensure that dignity of the child is maintained
at all times during the trial
 The identity of the child is not disclosed at
any time- only for the interest of the child.

Compensation
 Payment of such compensation as may
be prescribed to the child for
 any physical or mental trauma caused
to him or
 for immediate rehabilitation of such
child.

Compensation
(1) The Special Court may,
in appropriate cases,
on its own or on an application filed by or on behalf of the child,
pass an order for interim compensation to meet the immediate needs of the child
for relief or rehabilitation
at any stage after registration of the First Information Report.
Such interim compensation shall be adjusted against the final compensation.
Even where the accused is convicted, or where the case ends in acquittal or discharge, or the accused
is not traced or identified, and in the opinion of the Special Court the child has suffered loss or
injury as a result of that offence.
(Where the Special Court, under sub-section (8) of section 33 of the Act read with sub-sections (2)
and (3) of section 357A of the Code of Criminal Procedure, makes a direction for the award of
compensation to the victim, )
Shall take into account all relevant factors relating to the loss or injury caused to the victim,
including the following:-
(i) type of abuse, gravity of the offence and the severity of the mental or physical harm or injury
suffered by the child;
(ii) the expenditure incurred or likely to be incurred on his medical treatment for physical and/or
mental health;
(iii) loss of educational opportunity as a consequence of the offence, including absence from school
due to mental trauma, bodily injury, medical treatment, investigation and trial of the offence, or
any other reason;
(iv) loss of employment as a result of the offence, including absence from place of employment due
to mental trauma, bodily injury, medical treatment, investigation and trial of the offence, or any
other reason;

Compensation
(v) the relationship of the child to the offender, if any;
(vi) whether the abuse was a single isolated incidence or whether the abuse took place
over a period of time;
(vii) whether the child became pregnant as a result of the offence;
(viii) whether the child contracted a sexually transmitted disease (STD) as a result of
the offence;
(ix) whether the child contracted human immunodeficiency virus (HIV) as a result of
the offence;
(x) any disability suffered by the child as a result of the offence;
(xi) financial condition of the child against whom the offence has been committed so as
to determine his need for rehabilitation;
(xii) any other factor that the Special Court may consider to be relevant.
(4) The compensation awarded by the Special Court is to be paid by the State
Government from the Victims Compensation Fund or other scheme or fund
established by it for the purposes of compensating and rehabilitating victims under
section 357A of the Code of Criminal Procedure or any other laws for the time being
in force, or, where such fund or scheme does not exist, by the State Government.
(5) The State Government shall pay the compensation ordered by the Special Court
within 30 days of receipt of such order.

Period for recording of evidence of child and
disposal of case.
 recorded within a period of thirty
days of the cognizance of the
offence.
 Complete the trial, as far as possible,
within a period of one year from the
date of taking cognizance of the
offence.

Child not to see accused at the time of testifying.
 Not expose to the accused at the time of
recording of the evidence.
 But accused is in a position to hear the
statement of the child and communicate with
his advocate.
 may record the statement of a child through
video conferencing or by utilising single
visibility mirrors or curtains or any other
device.

Incamera trail
 in camera and
 in the presence of the parents of the child or
any other person in whom the child has trust or
confidence:
 If child needs to be examined at a place other
than the court, court shall proceed to issue a
commission.

Alternative punishment
 An act or omission constitute an offence
punishable under this Act and also under
any other law for the time being in force,
 the offender found guilty of such offence
shall be liable
 to punishment only under such law or this
Act as provides for punishment which is
greater in degree.

Right of child to take assistance of legal
practitioner. (Sec.40)
 Family or the guardian of the child
entitled to the assistance of a legal
counsel of their choice .
 If unable to afford a legal counsel,
the Legal Services Authority shall
provide a lawyer to them.

THANK YOU
Any queries??.
Adv. Seena Rajagopal,
LL.M(CUSAT),
PGD in Criminology & Forensic
science & Basic Counseling
Member,
Child Welfare committee,
Thrissur
9446761246
iamseena@yahoo.com

The Criminal Law Amendment
Act,2013

SALIENT FEATURES
Act calls for stricter punishment
Definition of rape expanded
Introduced new offences of
 Sexual Harrasment, Voyerism,Stalking,Acid
attacks
Attempts to make the procedures victim
friendly

IPC Amendments
 APolice officer not recording information –
RI for 6months-2 years
 Non treatment of victim by public/private
hospital –till 1 year or fine or both
 Sec. 354 – (A to D)graded offences and
punishment
 Offence of Trafficking brought into IPC.
 Increased punishment u/s 509- 3 yrs

Rape
 Penetrates his penis ,to any extent, into the
vagina,mouth,urethra,or anus of a woman or
makes her to do so with him or any other person
 Inserts , to any extent, any object or part of a
body into…
 Manipulates any part of the body so as to cause
penetration into…
 Applies his mouth into….. (vagina includes
‘Labia majora’…)

Changes in Sec.376
 Punishment for rape- 7 years to life + Fine
 Rape of grievous nature- 10-life (person’s natural
life) + Fine
 Rape resulting in death or being in vegetative
State – 20 years to life or death
 Sexual intercourse by a person in authority-
5 – 10 years. (induce or seduce any woman)
 Gang rape- 20 years to life + fine
 Repeat offenders- life or death
 Rape under 16 years of age.
 Sexual relation with or without consent of child
below 18 years

Amendments in CrPc.
 Shall be recorded by a woman Police Officer
 Disabled woman –residence in the presence of
interpreter, special educator.
 Recording shall be video graphed
 164 statement at the earliest- disabled woman the
statment. videographed should be considered as
chief.exam.
 Victim is below 18 – no confrontation with accused.
 Trial to be completed within 2 months of charge sheet.
 Provision for compensation. 357-A,
 All hospitals to provide first aid treatment free of cost to
the victim

Changes Indian Evidence Act
and POCSO
 Evidence of character or previous sexual
experience not relevant in cases.
 Presumption as to absence of consent
 No cross examination as to explain the general
immoral character of the victim.
 POCSO- alternate punishment.

Pocso ppt adv.seena rajagopal

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