POCSO ACT

POCSO ACT

Subject : Legislations

Context : IPS officer charged with sexual assault on child made dist SP. The chargesheet was filed on March 31 this year under Sections 354, 354A (assault or criminal force to outrage modesty, sexual harassment) of the Indian Penal Code and the Protection of Children from Sexual Offences (POCSO) Act.

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.