All about POCSO
Many posts and comments have been recently received on the subject of Child Abuse. Below is some information on POCSO for everyone's benefit.
WHAT IS POCSO?
The Protection of Children from Sexual Offences Act (POCSO Act) 2012 was formed to protect children from offenses of sexual abuse, sexual harassment and pornography and to provide a child-friendly system for the trial of these offences.
HERE'S ALL YOU NEED TO KNOW ABOUT THE POCSO ACT:
The Protection of Children from Sexual Offences Act, 2012 received the President's assent on June 19, 2012 and was notified in the Gazette of India on June 20, in the year 2012
Except the State of Jammu and Kashmir, the Act extends to the whole of India. According to the act, "child" means any person below the age of eighteen years
FORMS OF SEXUAL ABUSE
The Act defines different forms of sexual abuse, including penetrative and non-penetrative assault, as well as sexual harassment and pornography, etc.
It further states that a sexual assault is to be considered "aggravated" under certain specific circumstances, such as when the abused child is mentally ill or when the abuse is committed by a member of the armed forces or security forces or a public servant or a person in a position of trust or authority of the child, like a family member, police officer, teacher, or doctor or a person-management or staff of a hospital -- whether Government or private.
REPORTING OF SEXUAL ABUSE
The Act makes reporting of sexual offences mandatory.
It makes it the legal duty of a person who has knowledge that a child has been sexually abused to report the offence; if he/she fails to do so, he/she may be punished with six months' imprisonment and/or a fine.
TRIAL
According to the act the evidence of the child should be recorded within a period of thirty days of the Special Court taking cognizance of the offence and the Special Court shall complete the trial, as far as possible, within a period of one year from the date of taking cognizance of the offence.
It also provides that the Special Court shall try cases in camera and in the presence of the parents of the child or any other person in whom the child has trust or confidence.
PUNISHMENT
The POCSO act also provides provisions for punishment for false complaint or false information.
The Act prescribes stringent punishment according to the gravity of the offence and prescribes rigorous imprisonment for a term which shall not be less than ten years but which may extend to imprisonment for life and also fine as punishment for aggravated penetrative sexual assault.
The Act also prescribes imprisonment of either description which may extend to three years or with fine or with both as punishment for storage of pornographic material involving child.
It also prescribes punishment to the people who traffic children for sexual purposes. more
WHAT IS POCSO?
The Protection of Children from Sexual Offences Act (POCSO Act) 2012 was formed to protect children from offenses of sexual abuse, sexual harassment and pornography and to provide a child-friendly system for the trial of these offences.
HERE'S ALL YOU NEED TO KNOW ABOUT THE POCSO ACT:
The Protection of Children from Sexual Offences Act, 2012 received the President's assent on June 19, 2012 and was notified in the Gazette of India on June 20, in the year 2012
Except the State of Jammu and Kashmir, the Act extends to the whole of India. According to the act, "child" means any person below the age of eighteen years
FORMS OF SEXUAL ABUSE
The Act defines different forms of sexual abuse, including penetrative and non-penetrative assault, as well as sexual harassment and pornography, etc.
It further states that a sexual assault is to be considered "aggravated" under certain specific circumstances, such as when the abused child is mentally ill or when the abuse is committed by a member of the armed forces or security forces or a public servant or a person in a position of trust or authority of the child, like a family member, police officer, teacher, or doctor or a person-management or staff of a hospital -- whether Government or private.
REPORTING OF SEXUAL ABUSE
The Act makes reporting of sexual offences mandatory.
It makes it the legal duty of a person who has knowledge that a child has been sexually abused to report the offence; if he/she fails to do so, he/she may be punished with six months' imprisonment and/or a fine.
TRIAL
According to the act the evidence of the child should be recorded within a period of thirty days of the Special Court taking cognizance of the offence and the Special Court shall complete the trial, as far as possible, within a period of one year from the date of taking cognizance of the offence.
It also provides that the Special Court shall try cases in camera and in the presence of the parents of the child or any other person in whom the child has trust or confidence.
PUNISHMENT
The POCSO act also provides provisions for punishment for false complaint or false information.
The Act prescribes stringent punishment according to the gravity of the offence and prescribes rigorous imprisonment for a term which shall not be less than ten years but which may extend to imprisonment for life and also fine as punishment for aggravated penetrative sexual assault.
The Act also prescribes imprisonment of either description which may extend to three years or with fine or with both as punishment for storage of pornographic material involving child.
It also prescribes punishment to the people who traffic children for sexual purposes. more
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View all 26 comments Below 26 comments
We do agree , such a disgust person have no right to live ,he shud be death sentenced immediately more
Feb 19
A juvenile who commits a heinous or violent crime, like rape or murder, should be tried as an adult in the court. more
Feb 12
Any serious crime, even if committed by someone 10 years or so (idiots call those rascals "juvenile") must be put to sleep within 60 days from the date of conviction and not sent to stinking reformation centres. Even if the Govt or Court wants to reform them THEY MUST FIRST TAKE WRITTEN PERMISSION FROM THE VICTIM / VICTIM's FAMILY. If their answer is "NO" - finish off the culprit. more
Feb 11
It is so easy for you to give sermons. You do not know what is PAIN of that young victim. You are insensitive. Perhaps, you did not suffer any pain when younger. Deeply and seriously look at the victims whose lives have been destroyed. Speak to their parents and see through their tears and anguish. See how much they hate this world and your hippocratic democracy which is slowly taking this country back to the stone age. No wonder, outside its boundary, India is known as one of the most lawless, undisciplined and corrupt countries in the world where to get any justifiable justice the victim has to wait for decades. Victims need quick justice. To hell with the offenders and its advocates. Period. more
Feb 11
No matter how much disturbed we are with the rising crime by juveniles, the JJACT meant for juveniles in conflict with law has to be followed. Mr Pai is requested to understand that in a democratic country the rights of children both victim and offender has to be respected Dr S.Sanyal more
Feb 11
