The document discusses the Protection of Children from Sexual Offences (POCSO) Act of 2012 in India. It provides definitions of a child and different types of sexual offenses against children. The key aspects of the Act include establishing child-friendly procedures for reporting offenses, recording statements, and testifying in court. It also creates special courts to handle POCSO cases and mandates completion of trials within one year. The overall goal of the Act is to protect children and provide support through the criminal justice process using less traumatic procedures.

1. Presentation
By
Biman Nath
LLM 2nd semester

2. The Act defines a child
lists out the sexual offences against
Children
or
Provides for their punishment

3.  India is home to the largest percentage of children in
the world, out of which about 42% are children below
18.
 One of the biggest evils the country is battling is
Child Sexual Abuse
 In order to address the problem of CSA through less
ambiguous and more stringent legal provisions, the
POCSO Act was formulated in June 2012.

4. The Protection of Children from Sexual Offences Act,2012
The Protection of Children from Sexual Offences Act,2012 came into force
on 14 November 2012.The Act was passed in the Indian Parliament in May
2012.The act under its ambit defines child as a person below the age-group
of 18 and is gender neutral and have a clear defination for all types of
sexual abuses like sexual harassment, penetrative and non-penetrative
sexual abuse and pornography.

5. Who come under this Act?
 All children whether male or female below the age of
eighteen come under this ACT.
 It extends to the whole of India, except the state of Jammu
and Kashmir.

6.  Child Friendly
 Child is given police protection during the Investigative
Procedure
 Can avail Emergency Medical Treatment
 Provisions for avoiding re-victimisation of the child
 Special Court to decide compensation for the child
 Can testify through Video-link
 A CSA case should be disposed within one year of
reporting

7. Types of Sexual Offences against children
 Penetrative sexual assault
 Aggravated penetrative sexual assault
 Sexual assault
 Aggravated sexual assault
 Sexual harassment
 Using child for pornographic purposes

8.  It involves penetration of penis into vagina, mouth, urethra or
anus of a child, or
 Making the child to do so, or
 Manipulates any body part so as to cause the penetration, or
 Applying his mouth to those organs or making the child to do
so.

9.  The penetrative sexual assault when done by a police officer,
armed personnel, jail officers, hospital staff, staff of
educational institutions, public servants etc, is treated as
aggravated penetrative sexual assault
 Any sexual assault using deadly weapons is an aggravated one
 Repeated sexual assault of persons in charge of children,
assault by relatives, assault if child is of mental impairment etc
comes under this
 Punishment is for ten years or more

10.  Touching the vagina, penis, anus or breast of the child with sexual
intent or causing the child to touch others similarly comes under this
 Punishment is jail term form 3 years to 5 years
Aggravated Sexual Assault
 Sexual assault done by police officer armed personnel, jail officers,
hospital staff, staff of educational institutions, public servants etc
 Sexual assault using deadly weapons
 sexual assault assault of persons in charge of children, assault by
relatives, assault if child is of mental impairment etc comes under
this

11.  Uttering words, making sound or gestures, exhibiting objects etc with
sexual intent or
 Making the child exhibits any body part
 Showing any object to a child for pornographic purpose
 Using any media item for sexual abuse and threatening or enticing a child
for pornographic purpose
 Punishment up to three years/with fine
Using child for pornographic purpose
 Use of a child for pornographic purpose in any form of media for sexual
gratification
 Punishment for this offence extends to 5 to 10 years depending on the
nature of offence.
 Storage of pornographic materials involving child is punishable
Punishment with 3 years.

12.  Abetment of an offence involving child is punishable
 Engaging in a conspiracy, suppressing information ,wilful representation of
facts, facilitating an offence transporting a child etc relating to child come
under this offence
 Punishment for abetment is equitant to the punishment for an offence
under this act
 Even an attempt commit an offence is punishable.

13. Procedure
For Reporting a
Case

14.  Inform special Juvenile Police Unit or the Local Police
 They will put an umber and record the information in simple language in the
book kept in the unit
 If the child needs care or protection the police unit will make arrangements
within 24 hours
 Inform the Child Welfare Committee or Special Court within 24 hours
Procedure for Recording Statement of
the Child
 The statement of the child to be recorded at the normal residence of the
child or its choice by a police officer preferably women
 The officer not to wear uniform while recording
 The child shouldn’t come in contact with the accused
 The identity of the child shall not be revealed

15.  The Magistrate shall record the statement as the child states in its language,
in the presence of someone the child trusts
 Do not allow the advocate to be present while recording
 The Magistrate shall provide the police report to the child or its parents

16.  Conduct a medical examination of the child
 The examination shall be by a woman doctor if the victim is a girl
 The examination shall be before the parents or someone like that
 If such a person is not available, a women official of the medical institution
must be present.
Special Courts for POCSO Cases
 A Court of session shall be made a Special Court for POCSO: The Second
Additional District Court is made the Special Court
 The Court shall presume that the person being prosecuted has committed the
crime unless the contrary is proved
 Similarly the Court shall presume mental culpability of the accused until the
contrary is proved
 The accused has to prove them beyond reasonable doubt but not on the basis of
preponderance of probability.

17. o Appoint a special prosecutor for POCSO cases
o He/she shall have seven years of experience

18.  The court may take cognisance of the offence on receiving a complaint or
of facts or the police report
 The public prosecutor/ the counsel for the accused shall put the question to
the court and the court in turn will put those question to the child in trial
 The examination shall be child friendly atmosphere
 Aggressive question shall be avoided
 The child’s identity to kept undisclosed

19.  The court may take cognisance of the offence on receiving a complaint or of
facts or the police report
 The public prosecutor/ the counsel for the accused shall put the question to the
court and the court in turn will put those question to the child in trial
 The examination shall be child friendly atmosphere
 Aggressive question shall be avoided
 The child’s identity to kept undisclosed
Procedure of the Court-
Continues
 The recording shall be done within 30 days of taking cognisance
 The trial shall be completed within one year
 The child shall not see the accused during the proceedings
 In the trial of case in camera proceedings to be followed
 If childs needs other place for trial, that can be allowed
 The child can take assistance of legal practiitioner

20.  The unit comprises Deputy superintendent of police as officer in charge, and
 Insepector of the police women cell as assisting officer, and
 Four civil police officer
 The unit has liasion with District Child Protection Unit, Child Welfare
Committee, Juvenile Justice Board, Child Labour Dept, Education Dept,
Health Dept. etc and conducts monthly review meeting of those departments.
Activities of Special Juvenile Police Unit
 Rescue or Rehabiliation of Child Victims
 Counseling
 Visiting of Schools, Colonies, Orphanages etc
 Conduct awareness classes for women and children
 Shadow patrolling at Railway stations, Bus Stands, Pilgrim Centers, Tourist
 Places etc
 Petition enquiry

21.  The reporting of cases of child sexual abuse to the law enforcement
authorities, is mandatory for all
 Failure to report a case of child abuse is an offence
 Reporting is obligatory even if the information is acquired as part of
professional duties with a confidential relationship
 Any private person who fails to report a case of child abuse is committing
an offence

22.  State (Nct Of Delhi) vs Raman
Kumar on 17 March, 2017
This case is related to the Child
Victim.
In the present case, since it has
come on record that child victim is
a tutored witness and the
identification of accused at the
police station and in the court is
also doubtful and having regard to
the fact that even testimony of child
victim is not reliable and
trustworthy and evidence of child
victim has not been duly
corroborated, by non-examination
of material witnesses i.e.
neighbours and kids in the
neighbourhood of accused, who
were available, therefore, in these
facts, presumption stands rebutted
by accused and it will not be safe to
rely upon the testimony of child
victim. Accordingly, accused is
acquitted for the offence u/s
366/342 IPC and u/s 6 POCSO Act.
Personal bond/surety bond, if any
of accused is discharged.

23. The case is related under
Secs.448, 506, 363, 376 OF IPC
and under section 4, 5(1) of
POCSO Act and cancel the said
order of bail and direct that the
accused be arrested and
committed to custody.
The case on hand relates to
the respondent- accused
kidnapping a minor girl who is
aged about 17 years and forcibly
committing rape on her. During
the investigation, the victim girl
and respondent accused were
traced on 19/12/2014 and
Investigating Officer has
recorded the statement of the
victim girl. She has clearly
stated that, there was no force
by the accused to commit rape
on her. She has given the
statement before the learned
Magistrate. The victim girl is
aged about 17 years and she was
pregnant. He is in judicial
custody since 20/12/2014. The
investigation is over and
the charge sheet has been filed
against the respondent- accused.

24. The POCSO Act 2012 looks into a support system for children
through a friendly atmosphere in the criminal justice system with the
existing machinery i.e. the CWC and the commission. The positive aspect
is the appointment of the support person for the child who would assist
during investigation, pre-trial, trial and post-trial. The major challenge
also would be convergence between different entities under different
legislation. The act makes it mandatory to report to the police about any
offence defined under POCSO Act 2012.