Ministry of Women and Child Development
The Protection of Children from Sexual Offences Act, 2012 (POCSO Act), was enacted to provide a robust legal framework for protecting children from sexual abuse and exploitation. Recognizing the increasing vulnerability of children to such crimes and the inadequacy of existing laws, the Act defines various forms of sexual assault, harassment, and pornography involving children. It also establishes Special Courts for speedy trials and incorporates child-friendly procedures for reporting, investigation, and prosecution. This Act falls under the Ministry of Women and Child Development.
Enactment Date, Number of Chapters, Number of Sections:
The POCSO Act was enacted on June 19, 2012, and came into force on November 14, 2012. It consists of nine chapters and 47 sections, along with a schedule specifying armed forces and security forces.
Act Governed By:
The Act’s implementation is primarily overseen by Special Courts designated by State Governments in consultation with High Courts. Special Public Prosecutors are appointed to conduct prosecutions. Police officers, medical professionals, and child welfare organizations play crucial roles in reporting, investigating, and supporting child victims. The National Commission for Protection of Child Rights and State Commissions also monitor the Act’s implementation.
On Whom It Is Applicable:
The Act applies to all offenses committed against children (persons below the age of 18). It covers various forms of sexual abuse, including penetrative sexual assault, aggravated penetrative sexual assault, sexual assault, aggravated sexual assault, and sexual harassment. It also addresses offenses related to using children for pornographic purposes and abetment of such offenses.
Penalties/Punishments:
The Act prescribes stringent punishments, including imprisonment (ranging from rigorous imprisonment for a term which may extend to 20 years to life imprisonment) and fines, for offenses under the Act. The punishment can extend to the death penalty for aggravated penetrative sexual assault. Repeat offenders face enhanced penalties.
Important Pointers:
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Defines various forms of sexual assault, harassment, and pornography involving children.
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Establishes Special Courts for speedy trial of offenses.
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Appoints Special Public Prosecutors for conducting prosecutions.
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Mandates child-friendly procedures for reporting, recording statements, and medical examinations.
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Provides for care and protection of child victims.
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Places the burden of proof on the accused in certain cases.
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Prescribes stringent punishments, including the death penalty in certain cases.
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Makes offenses under the Act cognizable and mandates reporting of such offenses.
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Provides for alternative punishments in cases where the offense is also punishable under other laws.