POCSO ACT

POCSO ACT

Subject : Important Legislations

Context : The Nagpur Bench of the Bombay High Court acquitted a man of charges under the Protection of Children from Sexual Offences (POCSO) Act and convicted him under a “minor offence” of the Indian Penal Code (IPC).

Concept :

Protection of Children from Sexual Offences Act, 2012

• It was enacted to protect the children from offences of sexual assault, sexual harassment and pornography with due regard for safeguarding the interest and well-being of children.
• It defines a child as any person below eighteen years of age and regards the best interests and welfare of the child as a matter of paramount importance at every stage, to ensure the healthy physical, emotional, intellectual and social development of the child.
• It defines different forms of sexual abuse, including penetrative and non-penetrative assault, as well as sexual harassment and pornography.
• It deems a sexual assault to be “aggravated” under certain circumstances, such as when the abused child is mentally ill or when the abuse is committed by a person in a position of trust or authority like a family member, police officer, teacher, or doctor.
• It also casts the police in the role of child protectors during the investigative process.
• The Act stipulates that a case of child sexual abuse must be disposed of within one year from the date the offence is reported.
• It was amended in August 2019 to provide more stringent punishment, including the death penalty, for sexual crimes against children.