Author: Giftlin Melba J, IV year of B.A.,LL.B. from
Introduction The Protection of Children from Sexual Offences Act is a comprehensive act that came into force in November 2012. The Act has been enacted to protect children from offences of sexual assault, sexual harassment and pornography and provide for establishment of Special Courts for trial of such offences and related matters and incidents. It covers all types of sexual abuse Features of the Act 1. This act defines varioustypes of offencessuch as pornographic crimes,touch based,non-touched based all in a detailed form 2. If a child faces any abuse in their home that child will be taken to child welfare commission for a good care and protection 3. Here there is no gender difference unlike rape in ipc where only the female is always considered as the victim 4. During the investigation process a policeman is appointed to the child so that it will not be re-victimized 5. Section 45 of this act explains that the rules for this act can be taken by the central government 6. Section 42 A of the act explains that if the judgment cannotbe made becauseof the interference of the other laws, then the pocso act can override them 7. For the statement recordingthe police officermust move to place where he/she is convenient and with the person who they trust
8. Female doctors only will be allowed for the forensic evidence to be collected from the child with the person of trust 9. Once if the testimony of the child is given in a video link then he/she will not be compelled again to repeat it in the court 10. It also prescribes punishment to the people who traffic children for sexual purposes. Implementation of pocso act The Pocso act came into force on November 14,2012. It is specifically formed to reduce the child sexual abuseand the childpornoghraphics. The Pocso Act 2012 explains the recording way from the children by thepoliceman in a friendly manner. This act includes46 provisions. Punishments under the act 1. Penatrative sexual assault caused for the child is punishable upto not less than 7 years of imprisonment it can be extended to life imprisonment also. But the pocso amendment bill passed in the year 2012 extended the punishment from 7 years to 10 years. 2. Sexual assault committed on a child below 16 years will be punished with not less than 20 years of imprisonment in some cases it may extend to death penalty also. 3. If a child is used for a pornography purpose he/she will be punished by imprisonment from 7years to 9 years. But the amendment in the year 2019 reduces it minimum 5 years and maximum 7 years 4. Any person commits assault under trust or authority then he/she will be punished with imprisonment of 5 years to 7 years and fine under section 10. 5. If a policeman failedto report an offense in the child welfare committeethen he will be punished with 6 months imprisonment and/or fine under section 21. General principles of pocso act The child must be protected from all sorts of physical and mental abuse. Harmonious development of a child is very important in society. In the justice process the child victims must be treated well.The process of justice will be transparent, irrespective of the child's culture,and the religiousare to be punished.The victimized child should not be re-victimized so they will be given protection and they will be taught self-defense.
All the proceedings that are to be done will be informed to the child beforehand.The act was amended in 2019. person can be charged with this offence in certain aggravating circumstances, such as if the rape occurs within a relationship of trust or authority, or if it leads to pregnancy, among. This act was mainly enactedto stop the cruelty that takes part in the life of the child in their day to day life.
Observation of pocso Act
The Pocso Act mustbe avalued act among the country. The act plays a role in taking our nation forward,it is a duty of every citizen of our country to know this act. Sexual cruelty is the nationalissue in our country,most of the statessuffer with it,sexual includes the touches and non-touches. Not only this but pornography crime is the major issue now a days. Threatening people with pornographic must be strictly prohibited. Many laws had been created but the sexual harassment cannot be controlled till date. Lots of porn sites are still in progress,so this must be strictly prohibited and the publishers also must be punished. Otherwise this encourages many to harass people.
Case laws
Delhi Nirbhaya case
In the year 2012 on December 16 in delhi a girl was gang raped in the bus. A 22 year old physiotherapy intern was beaten,gang raped and tortured in the bus in which she was traveling.6 members raped her including the driver. The 6 convictswere arrested, 1 had died in the police custody, 4 were given death sentence, and 1 was under the age of 18 so he was imprisoned for 3 years under the juvenile justice law.
Jarnail singh v. State of Haryana
In the year of 2013 a savitri devi's daughter was raped when she was at sleep. But the convict who committed it was under the age of 18 so he has been punished under the juvenile justice and handed him in the care and protection center of the government.