In the year 2012, the Protection of Children from Sexual Offences Act (also known as POCSO) was introduced. This was required in order to deal with sexual offences against children across the country. It includes the legal rules and punishments involved with sexual offences against children. Along with this, there are also provisions to catch offenders or identify potential sexual threats against children. Continue reading to learn all about the much-needed POCSO Act, its norms, and other integral details.
Categories of sexual offences under the POCSO Act
Under the POCSO Act, there are three kinds of sub categories to identify sexual offences against children. Any person below the age of 18 is considered a child under the Act. Sexual offences could be done on both male or female children and by any gender. The punishments against sexual offences on children will be the same for a person of any gender, depending on the severity of the case.
Also read : The Royal British Bank V. Turquand Case Summary: Doctrine of Indoor Management
- The first category identified is Sexual Assault. Under this, any act of touching a child’s private parts with a sexual intent; or making the child touch the adult’s or any other individual’s private parts, is recognized as sexual assault. The punishment for sexual assault on a child is a minimum 3 years imprisonment. It could also increase to 5 years of imprisonment along with a fine. Under this, there is also penetrative sexual assault, which implies assault carried out with any object or private body parts of an adult to a child. This implies penetration to the vagina, mouth, anus, or urethra of the child by a perpetrator. Or making the child do this to any other adult perpetrator. The punishment for penetrative sexual assault on a child amounts to a minimum of 7 years imprisonment. This could also extend to life imprisonment and a fine. There is also aggravated sexual assault, which includes sexual assault committed by any number of persons or under any particular circumstances. The punishment for this includes 5-7 years of imprisonment. The punishment can be extended to life long term with a fine.
- The second category is known as Sexual Harassment. When an adult with sexual intent makes any sound or gestures towards a child, displays any body parts, or asks the child to show any body parts, it accounts for sexual harassment. Sexual harassment is also considered when the individual shows pornographic material to the child, follows the child constantly, or threatens to exploit the child sexually through pornographic pictures. The punishment for sexual harassment includes a minimum of 3 years of imprisonment and a fine.
- The third category is identified as using a child for pornography. Offences under this include, using a child in any kind of media, be it internet or television, for sexual intent or gratification. This form of offence includes showing a child any form of graphic pornography or using a child for real or simulated sexual acts in any electronic media. It can also include indecently showing any child. The punishment for this accounts for 5-7 years of imprisonment, along with a fine.
How to Report a Sexual Offence
Anyone aware of any sexual offence done to a child, or any potential sexual threats against a child, can report a sexual offence under the POCSO Act. If a person fails to report any sexual offence known to them, they may face up to 6 months of imprisonment and a fine. If a person from any institution fails to report any sexual offence, they may face up to 1 year of imprisonment and a fine.
The cases can be testified by the Special Juvenile Police Unit (SJPU) or the local police. Within 24 hours the child must be taken to the hospital or the local shelter home. The Child Welfare Committee and the Special Court must also be informed under such cases.
False Cases and Confidentiality under the POCSO Act
If any person makes a false case under the POCSO Act, they may be penalized with 6 months of imprisonment and a fine. If a false case is made against a child, the punishment can extend up to 1 year imprisonment. However, if the case is made by a child, they may not be liable to punishment under the Act.
It is integral that the entirety of the case be known to an individual before they register a complaint under the POCSO Act. The confidentiality of the child must be kept at all times while going through the complaint. This is because it can severely affect the reputation as well as the mental health of the child. The personal details and pictures of the child must be kept away from media outlets, as they can be circulated at a fast pace today. It is also the responsibility of the media to not circulate any unwarranted pictures or personal details of the child. If any media person or outlet has violated this code, they may receive a minimum of 6 months to 1-year imprisonment and a fine.
How to record the statement of the child
Under any sexual offence, the statement of the child should be recorded through the own testimony of the child. It can be recorded by the Magistrate or police officer in the words of the child. The statement must be taken in the presence of the parents, or the child’s guardian or trusted member. The child should be made comfortable during the statement.
How to Ensure Speedy Trials Under the POCSO Act
There are Special Courts with Special Public Prosecutors for hearing a speedy trial in any case. The trials must be held in private through a camera and not in front of the public. If the child has a mental or physical disability, provisions must be made to interpret the statements of the child correctly. The POCSO case must be held within one year of the offence committed. In the case of penetrative sexual assault, the perpetrator will be considered guilty. They will have to prove their innocence in court.
Also read : Case Analysis: The State of West Bengal vs. the Union of India – A Landmark Supreme Court Case
A Few Points to Keep in Mind
Sexual Offences against children are a serious concern at the moment. The number of sexual offences against children has been on the rise in the last decade according to recent data under the POCSO Act. At times like these, it is integral that children be taught the importance of good and bad touch, and cautioned against soliciting with strangers in real or online. However, it is of utmost importance that the public stay aware of the norms under the POCSO Act and provide help in any such case.