Power Point Presentation on Protection of Children from Sexual Offences, 2012. A new Act which came into force from 14.11.2012 by way of a separate notification. It helps to provide protection to children below 18 years of age. Under the Act Special Courts has been established which helps to solve the problem and deliver justice. Under this offences has been categorized in various ways.

1. PROTECTION OF CHILDREN
FROM SEXUAL OFFENCES
(POCSO) ACT, 2012

2. CONTENTS
1) INTRODUCTION
2) SAILENT FEATURES OF THE
ACT
3) NEED OF SPECIAL LAW
4) OFFENCES
5) PORNOGRAPHY
6) REPORTING
7) PRODUCTION OF CHILD
BEFORE CWC
8) CHILD FRIENDLY
PROCEDURE
9) MEDICAL EXAMINATION
10)FALSE CASE
11)CONSTITUTION OF SPECIAL
COURTS
12)MONITORING AND
AWARENESS

3. • Ministry of Women and Child Development
introduced POCSO, 2012
• Brought into force from 14.11.2012 by way of a
separate notification in terms of section 1(3).
• 46 provisions in act and 7 Rules.
• Gender-Neutral act, means a victim could be a
boy or a girl.
• Child under POCSO Act is defined as any
person below the age of 18 years as child.
• The offender could be too male or female.
• POCSO Act has been amended through
Criminal Law Amendment Act, 2013 in
February 2013.
• Reporting is mandatory under Act.
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Introduction

4. 2023 POCSO ACT(2012) 4
Salient Features of the Act
• The act is gender-neutral and regards the best interests and
welfare of the child as a matter of paramount importance at every
stage as to ensure the healthy, physical and emotional
development of the child.
• The Act provides the establishment of special courts for the trial of
such offences and matters related to it.
• Different forms of sexual abuse including but not limited to sexual
harassment, pornography, penetrative & non-penetrative assault
are defined in Section 2 of the Act.
• It is important to produce a child before Child Welfare Committee.
• Mandatory Reporting, Punishment for False Reporting and Active
Assistance of Police at every stage.

5. Need of Special Law
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• The Protection of Children from Sexual Offences Act, 2012
(POCSO) has been drafted to strengthen the legal provisions for
the protection of children from sexual abuse and exploitation.
• Sexual offences are currently covered under various sections of
Indian Penal Code. The Indian Penal Code does not provide all
type of sexual offences against children and more importantly it
does not able to differentiate between an adult victim and a child
victim.
• Recognizing the trauma that child victims may face during legal
proceedings, the POCSO Act emphasizes child-friendly
procedures to make the legal process more supportive and less
intimidating for children.

6. OFFENCES
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There are Three Broad Categories of sexual offences which are punishable
under the Act:-
1) SEXUAL ASSAULT- a) Penetrative Sexual Assault ( Sec 3&4)
b) Aggravated Penetrative Sexual Assault ( Sec 5&6)
2) SEXUAL HARRASMENT ( Sec 11&12)
2) USING CHILD FOR PORNOGRAPHY

7. 2023 POCSO ACT(2012) 7
1)Sexual Assault
• Touching the private parts of a child with sexual intent is a sexual
assault.
• If a person with the sexual intent make child touch the private
parts of another person is also considered as sexual assault.
• Sexual assault does not include penetration. Penetration is where
an object or a part of a body is inserted into child. It is even more
serious offence in POCSO Act.
• Punishment for sexual assault:-
Minimum 5 years imprisonment, which can extend to 7 years of
imprisonment as well as payment of fine.

8. A) PENETRATIVE SEXUAL ASSAULT
-Penetrating his penis to any extent into the vagina, mouth, anus or urethra of
a child. Or makes the child do so with him or any other person . OR,
-Penetrating any object or any part of the body into the vagina, mouth, anus
or urethra of a child.
Punishment- Minimum 10 years imprisonment extend to life imprisonment &
fine.
B) AGGRAVATED PENETRATIVE SEXUAL ASSAULT
Assault committed by a Police Office, a public servant, or any staff of a
hospital amounts to APSA.
Punishment- Minimum 20 years of imprisonment, which can extend to life
imprisonment & fine.
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Types of Sexual Assault:-

9. 2)Sexual Harassment
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A person is said to commit sexual harassment upon a child when
such person with sexual intent:
1) Utters any word or makes any sound so as to be heard by the
child.
2) Makes any gesture or exhibits any object or part of body so
as to be seen by the child.
3) Makes the child exhibit his or her body.
4) Entices the child for pornographic purposes.
5) Shows anything to the child for pornographic purpose.
Punishment- Imprisonment up to 3 years, as well as payment of
fine.

10. 3)Using child for pornography
Using child in any form of media ( e.g. television channels, internet, etc. ) for the
purpose of sexual gratification amounts to the offence of using a child for
pornography.
Sexual gratification involves: -
1) Showing the sexual organs to the child.
2) Using a child in real or simulated sexual acts with or without penetrative sexual
assault.
3) Showing a child in an indecent or obscene way.
It does not matter whether this is done for personal use or for public consumption.
Punishment- 1) Imprisonment up to 5 years, as well as fine. If the offence is
repeated, the term of imprisonment can be increased to 7 years.
2) Storing for commercial purposes- First conviction- Min. 3 years imprisonment
max 5.
Subsequent conviction- 5 years minimum imprisonment, which extends up to 7
years.
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11. Reporting
• The Act provides mandatory reporting of sexual offences under
section 19.
• Any person can report an offence under POCSO.
• An offence can be reported any time before, after or if there is even
fear that such a crime may occur.
• Police officer is also legally bound to report such case and start
investigation as soon as possible.
• If any person fails to record or report such information then he/she
may be punished with 6 months imprisonment or a fine.
• Media not to disclose the identity of the child without the
permission of supreme court.
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12. 2023 POCSO ACT (2012) 12
Production of child before CWC
When an offence has been committed or attempted or is likely to be
committed by a person living in the same or shared household with
the child, or the child is living in a child care institution and is without
parental support, or the child is found to be without any home and
parental support, the local police shall produce the child before
CHILD WELFARE COMMITTEE with in 24 hours of receipt of such
report, together with reasons in writing as to whether the child is in
need of care and protection and with a request for a detailed
assessment by the CWC.

13. -Section 24 of the Act talks about child
friendly procedure.
-Recording of statement at his/her own
residence or place of child’s choice.
-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 custody for
night.
-Protect Child’s identity- including
school/residence etc.
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Child friendly procedure

14. Medical Examination Section 27
1) Child victim shall be examined by registered medical practitioner
according to section 164-A of IPC.
2) In case of a girl victim examination shall be done by female
practitioner only.
3) Medical examination should be done in front of parents only.
4) In case parent of a child could not present then medical examination
should be conducted in the presence of a women nominated by the
head of medical institution .
5) There should be appointment support person to child victims of an
offence by the child welfare committee.
6) The report shall state precisely the reasons for each conclusion.
7) The registered medical practitioner shall, without delay forward the
report to the investigating officer who shall forward it to Magistrate
referred to in section 173.
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15. 2023 POCSO ACT (2012) 15
Any person who makes a false complaint or gives a false
information regarding an offence under POCSO, can be
imprisoned for up to 6 months and /or be made to pay fine.
If such false complaint or false information is given against a
child, the punishment can go up to 1 year of imprisonment
If a false complaint or false information is provided by a child, the
child cannot be punished under the law.
FALSE CASE

16. 2023 POCSO ACT (2012) 16
Constitution of Special Courts
• A Court of Session in each District to be designated as Special
Court for speedy trail (Section 28).
• State Government to appoint a Special Public Prosecutor for
every Special Court (Section 32).
• Take cognizance without committal.
• Evidence of a child should be recorded within a period of 30
days.
• The court is to complete a trial within a period of one year, as
far as possible.
• Cross examination or re-examination of the child through
Special Court.
• The power of Special Courts is that child not to be called
repeatedly to testify.

17. Monitoring and Awareness
• Section 43 and Section 44 of the act talks about the monitoring
and awareness.
• The National Commission for the Protection of Child Rights
(NCPCR) and The State Commission for the Protection of Child
Rights (SCPCR) have been made the designated authority to
monitor the implementation of Act.
• Onus on Centre and State to spread awareness on the
provisions of the act.
• Onus on Centre and State to provide training to their officers
and other concerned persons.
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18. Trial of cases
-For speedy justice and to avoid the re-victimization of the child,
cases are to be tried in Special Courts with special Public
Prosecutors. The trial must be held in camera.
-If a penetrative sexual assault, aggressive penetrative sexual
assault, sexual assault pr aggressive sexual assault is evident,
The Court will presume that the accused is guilty. The accused
need to prove innocence.
-Cases under POCSO must be disposed of within one year from
the date of the offence is reported.
-Apart from punishment of the perpetrator, the Special Court can
also give directions for payment of compensation to the child.
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19. THANKYOU
BY-SHUBHI
SINGLA
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