What is the POCSO Act?


Before act How India deal rape case ? 

Child sexual abuse was prosecuted under the following sections of the Indian Penal Code:

  • I.P.C. (1860) 375- Rape
  • I.P.C. (1860) 354- Outraging the modesty of a woman
  • I.P.C. (1860) 377- Unnatural offences

However, such a measure had drawbacks since the IPC could not effectively protect the child due to various loopholes like:

  • IPC 375 doesn’t protect male victims or anyone from sexual acts of penetration other than “traditional” peno-vaginal intercourse.
  • IPC 354 lacks a statutory definition of “modesty”. It carries a weak penalty and is a compoundable offence. Further, it does not protect the “modesty” of a male child.
  • In IPC 377, the term “unnatural offences” is not defined. It only applies to victims penetrated by their attacker’s sex act and is not designed to criminalise sexual abuse of children.

As such a legislative reform with a specific child protection act in mind was needed.



  • About:
    • POCSO Act came into effect on 14th November 2012 which was enacted in consequence to India’s ratification of the UN Convention on the Rights of the Child in 1992.
    • The aim of this special law is to address offences of sexual exploitation and sexual abuse of children, which were either not specifically defined or in adequately penalised.
    • The Act defines a child as any person below the age of 18 years. The Act provides punishment as per the gravity of offence.
      • The Act was further reviewed and amended in 2019 to Introduce more stringent punishment including the death penalty for Committing sexual crimes on children, with a view to deter the perpetrators & prevent such crimes against children.
      • The Government of India has also notified the POCSO Rules, 2020.
  • Features:


1 Gender-Neutral Nature:
  • The Act recognizes that both girls and boys can be victims of sexual abuse and that such abuse is a crime regardless of the gender of the victim.
    • This is in line with the principle that all children have the right to protection from sexual abuse and exploitation, and that laws should not discriminate based on gender.

2 Mandatory Reporting of Child Abuse Cases:.:
  •  Often families try to hide intra-family child abuse offences. In order for the POCSO Act to work properly, third parties who know or suspect these crimes must report them. These laws have been made based on the idea that children are weak and helpless and that it is society’s job to protect their best interests.

3 Explicit Definition of Terms:
  • The storage of child pornography material has been made a new offence.
  • Further, the offence of ‘sexual assault’ has been defined in explicit terms (with increased minimum punishment) unlike an abstract definition of ‘outraging modesty of a woman’ in the Indian Penal Code.


4 Confidentiality of the victim’s identity:
  • The POCSO Act lays out the protocol for the media and imposes the obligation to conceal the name of the child victim, until the Special Court gives its permission for the information to be made public.
5 establishment of Special Courts                     

 The Act provides for the establishment of Special Courts for the trial of such offences and matters related to it.

6 power to make rules 

Under section 45 of the Act, the power to make rules lies with the central government.

7 To monitor the implementation of the Act

 the National Commission for the Protection of Child Rights (NCPCR) and State Commissions for the Protection of Child Rights (SCPCRs) have been made the designated authority. Both are statutory bodies.

 8 POCSO Act shall override 

Section 42 A of the Act provides that in case of inconsistency with provisions of any other law, the POCSO Act shall override such provisions.

6 No time limit for reporting abuse:

 A victim may report an offence at any time, even years after the abuse has occurred..

Penalty

(1)] Whoever commits penetrative sexual assault shall be punished with imprisonment of either description for a term which shall not be less than 2[ten years] but which may extend to imprisonment for life, and shall also be liable to fine.
3[(2) Whoever commits penetrative sexual assault on a child below sixteen years of age shall be punished with imprisonment for a term which shall not be less than twenty years, but which may extend to imprisonment for life, which shall mean imprisonment for the remainder of natural life of that person and shall also be liable to fine.
(3) The fine imposed under sub-section (1) shall be just and reasonable and paid to the victim to meet the medical expenses and rehabilitation of such victim.]



POCSO Rules 2020:




Interim Compensation and Special Relief
  • Rule-9 of the POCSO Rules allows the Special Court to order interim compensation for the child's needs related to relief or rehabilitation after the FIR's registration. This compensation is adjusted against the final compensation, if any.

  • The 2019 amendment introduced the death penalty 

  • for aggravated penetrative sexual assault where the victim is a child under the age of 18 years.
  • It increased the minimum punishment for penetrative sexual assault from 7 years to 10 years imprisonment.
  • For aggravated penetrative sexual assault, the minimum punishmentwas raised to 20 years, which may extend to life imprisonment or the death penalty, along with a fine.
  • The punishment for production, distribution, or transmission of child pornography is 5 years imprisonment and a fine for the first offense, and up to 7 years imprisonment for subsequent offenses.

Immediate Payment of Special Relief:

  • Under the POCSO Rules, the Child Welfare Committee (CWC) may recommend immediate payment for essential needs like food, clothes, and transportation, using funds from the District Legal Services Authority (DLSA), the District Child Protection Unit (DCPU), or funds maintained under the Juvenile Justice Act 2015.
  • The payment must be made within a week of receiving the CWC's recommendation.


Support Person for the Child:
  • The POCSO Rules empower the CWC to provide a support person to assist the child throughout the investigation and trial process.
  • The support person is responsible for ensuring the child's best interests, including physical, emotional, and mental well-being, access to medical care, counseling, and education. They also inform the child and their parents or guardians about court proceedings and developments related to the case.

Note: In furtherance to the Criminal law (Amendment) Act, 2018, Department of Justice has started a Centrally Sponsored Scheme in October, 2019 for setting up of a total of 1023 Fast Track Special Courts (FTSCs) (including 389 exclusive POCSO Courts) Across the country.

  • As on May 31, 2023, a total of 758 FTSCs including 412 Exclusive POCSO (e-POCSO) Courts are functional in 29 States/UTs across the country.

Comments

Post a Comment

Popular posts from this blog

Image
  The Free Trade Agreement with New Zealand reflects India’s evolving trade diplomacy strategy India concluded a Free Trade Agreement (FTA) with New Zealand   DATE OF STATRT  in December 2025, at a time marked by fractured supply chains and rising protectionist tendencies among nations. Guided by the vision of “Viksit Bharat”,  India has recalibrated its foreign trade policy, transitioning from a cautious, tariff-focused negotiator to a strategic, high-velocity partner.  Viksit Bharat (Developed India) 2047 is the Government of India's comprehensive vision to transform the nation into a fully developed, self-reliant, and prosperous country by its 100th anniversary of independence in 2047 . It focuses on economic growth, sustainable infrastructure, social inclusion, and good governance, with an aim to achieve a USD 30–40 trillion economy. There are six key wins for India   in this FTA, as it aligns with the Viksit Bharat blueprint for trade policy based on ...
Read more

Karnataka govt. unveils digital grievance portal for gig workers

Image
  In a first, Karnataka govt.  unveils digital grievance  portal for gig workers In this article -  Who are Gig workers  ? WHY IN NEWS -  Integrated Public Grievance Redressal System (IPGRS) portal Transparency -  WHAT THEY CAN DO ? gig workers can now officially Internal Dispute Resolution Committee (IDRC)  Challenges for Gig Workers How Is India Addressing the Challenges of the Gig Economy? Who are Gig workers  ?  Definition: The Code on Social Security, 2020,  defines a gig worker as a person who works outside a traditional employer-employee relationship.  Types : platform and non-platform-based workers. Platform workers  are those whose work is based on online apps or digital platforms. E.g., Ola, Uber, Zomato, Swiggy, Urban Company, etc. Non-platform gig workers  are generally casual wage workers and own account workers in the conventional sectors, working part-time or full time. Reasons for growth:  Demogra...
Read more
Image
  India’s first and deepest geothermal wells at Puga Valley in Ladakh Subject:  Policy and Science & Technology Why in the news? In a move towards the Clean India mission, the country’s  first and deepest two geothermal wells (1,000 m) at Puga Valley in Ladakh  were inaugurated by Lieutenant Governor VK Saxena on 17th July.  Executed by the   Oil and Natural Gas Corporation (ONGC) Energy Centre, this marks a major milestone towards PM’s vision of  Carbon-Neutral Ladakh  and towards setting up India’s first geothermal power project. Key takeaways: 1. The two geothermal wells are   critical for the successful implementation of the 1 MW pilot geothermal power project at Puga, which will be India’s first demonstration-scale geothermal power project.  These two wells at 1000-meter-deep are commissioned at the height of over 14,000 feet.  Created using AI 2.  National Policy on Geothermal Energy 2025 To utilize the thermal energy...
Read more