Child sexual abuse laws in India have been enacted as part of the child protection policies of India. The Parliament of India passed the 'Protection of Children Against Sexual Offences Bill (POCSO), 2011' regarding child sexual abuse on 22 May 2012, making it an Act.[1][2][3] A guideline was passed by the Ministry of Women and Child Development, India. The rules formulated by the government in accordance with the law had also been notified on the November 2012 and the law had become ready for implementation.[4] There have been many calls for more stringent laws.[5][6]
The Protection of Children from Sexual Offences Act, 2012 was enacted to provide a robust legal framework for the protection of children from offences of sexual assault, sexual harassment and pornography, while safeguarding the interest of the child at every stage of the judicial process. The framing of the Act seeks to put children first by making it easy to use by including mechanisms for child-friendly reporting, recording of evidence, investigation and speedy trial of offences through designated Special Courts.
pocso act 2012 in telugu pdf
Whoever, commits sexual harassment upon a child shall be punished withimprisonment of either description for a term which may extend to threeyears and shall also be liable to fine. (adsbygoogle = window.adsbygoogle []).push();Pocso Act 2012Section 2 Definitions
POCSO Act was enacted by the Parliament in 2012 to prevent children aged less than 18 from offences like sexual harassment, sexual assault, and child pornography. Its full form is the Protection of Children from Sexual Offences Act. The Act was passed in 2012 under the Ministry of Women and Child Development. To make the punishment for child abuse more stringent, the government notified the POCSO Act rules, 2020 which enabled the implementation of amendments to the Act.
POCSO Act is an important part of the Indian Polity and becomes relevant for your UPSC exam preparation. This article shall cover all important aspects of the act, from its relevance, requirements, salient features of the POCSO Act 2012, related topics, and more.
The POCSO Act 2012 was an important step toward creating a safer environment for the children of our country. It was adopted to protect children from sexual offenses like acts of sexual harassment and assault and child pornography. This act asks for the setting up of Special Courts that are better equipped to deal with such offenses in a more effective manner.
There has been a split verdict on an issue recently brought to the Supreme Court of India. The issue is to decide if Section 155(2) of the Code of Criminal Procedure (CrPC) shall pertain to the inspection of a crime under Section 23 of the POCSO Act of 2012.
There were 12 main principles defined under the Protection of Children from Sexual Offences Act of 2012. These were to be followed by everyone involved; the state governments, child welfare committees, the Special Courts, and the Police alike. These 12 principles have been listed down below;
The POCSO Act is the Protection Of Children from Sexual Offences Act that came into effect in 2012. It protects children from sexual abuse. It also reduces the ambiguity and vagueness around the definition of a child, and it identifies a child as an individual under 18 years of age. The act guarantees quick action and sensitive handling of cases.
The minimum punishment under POCSO Act 2012 is 3 years. However, it is subjected to the section under which the crime is falling. For instance, under section 4, the minimum punishment is 20 years in jail and a fine as decided by the court for sexual assault of a child below 16 years of age.
The full form of POCSO is Protection of Children from Sexual Offences. It was introduced by the Ministry of Women and Child Development in the year 2012, and later some amendments were made in this in the year 2019.
As per Section 7 of the POCSO Act 2012, an individual who touches the private parts of a minor or does any other act with sexual intention is considered accused by the court under Section 7 and will be entitled to a minimum punishment of 3 years.
మఖ్యమైన అశాల లైగిక నేరాలక వ్యతిరేకగా పిల్లల రక్షణ చట్ట (పోక్సో) మే 22, 2012న పార్లమెట ఉభయ సభల ఆమోదిచాయి.
పైన నడి, స్పష్టగా ఉది లైగిక నేరాల చట్ట వ్యతిరేకగా చిల్డ్రన్ వెనక ఆయన రక్షణ (POCSO) బాలల దినోత్సవ, నవబర్ 14, 2012 న అమలలోకి వచ్చిది.
Section 33(8) of POCSO provides that in appropriate cases, in addition to punishment, the Special Court may direct payment of compensation to the child for any physical/mental trauma caused to the child or for immediate rehabilitation. Pursuant to the parent Act, the POCSO Rules of 2012 dedicated Rule 7 to the procedure and parameters of providing such compensation. Rule 7(3) enlisted the various parameters/factors to be considered by the Special Court in deciding such compensation, such as-gravity of the offence, expenditure incurred/likely to be incurred on medical treatment, loss of educational opportunity, financial conditions, etc. Rule 7(4) and (5) state that after the amount is decided/granted by the Special Court, it is to be disbursed from the Victims Compensation Fund or such other scheme by the legal services authority within 30 days of receipt of such order.
In India, Maharashtra in spite of being one of the most developed states is amongst the top three states which have recorded the highest no. of child rapes between 2011 to 2014. The problem of this sort is a global one and is experienced both in developing as well as developed countries. On 14th November 2012 the Government of India(GOI) passed the Protection of Children from Sexual Offences(POCSO) Act with an objective to protect the children from offences of sexual assault, sexual harassment, and pornography and provide for establishment of special courts for trial of such offences and matter concerned therewith or incidental thereto[1] The act takes serious cognizance of sexual offences concerning the children below 18 years of age.
In the aforementioned case, the petition was filed by a minor girl who was repeatedly raped and kidnapped by a gang. One of the accused was a police constable in Haryana against whom the petitioner failed to present any medical reports or a copy of FIR under Indian Penal Code, 1860 or any other provision of POCSO as a result of which the Supreme Court refused to adjudicate upon the dispute. Similarly, in the case of Apna Ghar Rohtak Shelter Home[5] in May 2012, where over 100 inmates were allegedly subjected to sexual abuse, the POCSO provisions have reportedly still not been invoked against the accused.
Using the secondary sources of research, the researchers have not only managed to provide an overview and background of the POCSO Act, 2012 but has also, conducted an analysis of the Act, based on the features, judicial pronouncements. and Statistical data. Further, the researchers have found out various loopholes present in the act which vitiates the act of being a complete code in itself.
Along with these IPC sections, several Sections of the POCSO Act were also invoked against the accused. These provisions included Section 8 (providing punishment of three-to-five years in jail for sexual assault), Section 12 (providing punishment up to three years in jail and fine for sexual harassment of a child) and Section 17 (making act of abetment a punishable offence) of the POCSO Act of 2012.
The Protection of Children from Sexual Offences Act, 2012 aims to protect children from offences of sexual assault, sexual harassment and pornography and provide for establishment of special courts for trial.
The Protection of Children from Sexual Offences (POCSO) Act, 2012 came into force with effect from 14 November, 2012. along with the Rules framed thereunder. The POCSO Act, 2012 is a comprehensive law to provide for the protection of children from the offences of sexual assault, sexual harassment and pornography while safeguarding the interests of the child at every stage of the judicial process by incorporating child-friendly mechanisms for reporting, recording of evidence, investigation and speedy trial of offences through designated special courts.
POCSO prescribes stringent punishment graded as per the gravity of the offence, with a maximum term of rigorous imprisonment for life, and fine. Section 44 (1) of POCSO Act, 2012 provides that the National Commission for Protection of Child Rights (NCPCR) and State Commission for Protection of Child Rights (SCPCR) shall monitor the implementation of the provisions of the Act. 2ff7e9595c
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