The Protection of Children from Sexual Offences Act 2012(POCSO) - Definations - Who is chold ? -Substantive Offense - Punishment -New Law -Trial by Special Court

1. THE PROTECTION OF CHILDREN
FROM SEXUAL OFFENCES ACT
2012(POCSO)
KNOW THE KNOWLEDGE
SAVE THE CHILDREN
-Shubhangi Baranwal
B.A+LL.B(Hons.)

2. DEFINITIONS
 World Health
Organization (WHO)
defines child sexual
abuse as, ‘inappropriate
sexual behavior with a
child’ and ‘involving a
child in sexual activity
that he or she doesn’t
fully comprehend, is
unable to give informed
consent to, or that
violates the laws and
social taboos of society.
 S.2(d)- “Child” means
any person below the
age of eighteen years.
What is Child Sexual
Abuse?
Who is child ?

3. SUBSTANTIVE OFFENCES
A person is said to commit “penetrative sexual assault”
If-
(a) he penetrates his penis, to any extent, into the vagina, mouth, urethra
or anus of a child or makes the child to do so with him or any other
person; or
(b) he inserts, to any extent, any object or a part of the body, not being the
penis, into the vagina, the urethra or anus of the child or makes the
child to do so with him or any other person; or
(c) he manipulates any part of the body of the child so as to cause
penetration into the vagina, the urethra or anus of the child or makes
the child to do so with him or any other person; or
(d) he applies his mouth to the penis, vagina, anus, urethra of the child or
makes the child to do so to such person or any other person
S.3- Penetrative Sexual Assault.

4. .S.4- Punishment for such offence is
imprisonment of either description for a term
which shall not be less than seven years but
which may extend to imprisonment for life, and
shall also be liable to fine.
Punishment

5. • Whoever, being a police officer, or a member of the
armed forces or security forces or being a public servant
or being on the management or on the staff of a jail,
remand home, protection home, observation home, or
other place of custody or care and protection or being on
the management or staff of a hospital, whether
government or private, or being on the management or
staff of an educational institution or religious institution
commits penetrative sexual assault on a child or commits
such assault in gang or by using deadly weapons, fire,
heated substance or corrosive substance; or causes
grievous hurt or bodily injury or injury to the sexual
organs of the child is said to commit aggravated
penetrative sexual assault.
S.5- Aggravated penetrative sexual assault

6. S.6- Rigorous imprisonment for a term which shall
not be less than ten years but which may extend
to imprisonment for life and shall also be liable
to fine.
Punishment

7. Any act, namely:-
a. Touching with sexual intent vagina, penis, anus
or breast of the child or makes the child touch the
vagina.
b. Causing the child to touch such parts of the body
of the offender or any other person
S.7- Sexual Assault-

8. S.8- Imprisonment for a term which shall not be
less than three years but which may extend to
five years, and shall also be liable to fine.
Punishment

9.  Similar to aggravating circumstances similar to
S.5.
S.9- Aggravated sexual
assault-

10. 1. utters any word, sound, makes any gesture, exhibits an object
or part of body with the intention that such word shall be heard,
or such gesture shall be seen by the child or 2. makes a child
exhibit his body or any part of his body so as it is seen by such
person or any other person; or
3. Shows any object to a child in any form or media for
pornographic purposes or
4. Repeatedly or constantly follows or watches or contacts a child
either directly or through electronic, digital or any other means or
5. Threatens to use, in any form of media, a real or fabricated
depiction through electronic, film or digital or any other mode, of
any part of the body of the child or the involvement of the child in a
sexual act; or
6. entices a child for pornographic purposes or gives gratification
therefore
Explanation: Any question which involves sexual intent shall be a
question of fact.
S.11- Sexual Harassment- Acts done by one
with sexual intent, namely:-

11. PUNISHMENT
 S.12- Imprisonment upto 3 years of either
description and fine.
S.13- Using child for pornographic purposes-
Using child in media, i.e, in programmes/
advertisements telecast in television channels,
internet, electronic/print form-
(a) representing sexual organs of child
(b) using child in real/simulated sexual acts (with or
without penetration)
(c) Indecent/obscene representation of child

12.  S.14- Punishment is imprisonment upto 5 years
of either description and fine.
Subsequent offence-7 years
Higher penalties when associated with other
offence, e.g- S.3, 5, 7 & 9.
Punishment

13. S.20- Obligation of media, studio, and
photographic facilities to report cases
Personnel of media/hotel/lodge/hospital/club or
photographic facility to respondent to special
juvenile unit/local police if he finds any material of
New Law

14. PROCEDURE OF INVESTIGATION, TRIAL ETC.
• (i) Anyone including child may report even
apprehension of offence to
(a) Special juvenile police unit
(b) Local police
(ii) Must be given an entry number and recorded in
writing.
Read over to the informant, if child, in such language
which he understands. Entered in a book
maintained by the unit.
(iii) Child, if in need of care & protection be forward to
shelter home within 24 hours of report after
recording reasons.
S.19-Reporting of
offences-

15. S.23- Procedure for media-(1)
No reporting in media relating to information
which may affect reputation of child or disclose
his identity. Punishment is imprisonment for 1
year or fine or both.

16. RECORDING OF STATEMENT OF CHILD
1.Recording at residence by police who is not in uniform.
2. Accused must not come in contact with child during
recording.
3. In presence of parents or person of trust & confidence
4. Child not be kept in police station at night.
5. Police shall ensure protection of identity of child from
media.
6. Magistrate shall record statement under S.164 Crpc in the
actual words of the child, as far as practicable
7. Translators and special educators.
8. Audio-visual recording to be made, wherever possible.
(Ss 24 25 26)

17. MEDICAL EXAMINATION OF VICTIM
• .
1. To be conducted in terms of S.164A CrPC
2. By a woman doctor, if victim is a girl.
3. In presence of parents or person of trust of
victim or a woman representation of the
medical institution.
S.27- Medical examination of a child

18. 1. Court of sessions of the district- to be notified as special court.
2. Will try other offences to be tried with offences under the act including S.67B of the
Information Technology Act 2000.
3. Special Court shall have powers of a court of session
4. Would take cognizance directly upon a complaint or police report.
5. Questions to the child to be put through court. Not required to repeatedly testify in
court. No aggressive questions or character assassination of child
6. Frequent breaks to be given
7. Child friendly atmosphere to be ensured- by presence of parents or person of trust.
8. Identity of child not to be disclosed.
9. Trial as in a sessions trial offence
10. Juvenility to be determined by special court & proceeding shall not be invalid for
erroneous determination.
11. Evidence of child to be recorded within 30 days of cognizance and trial to be
completed in a year, as far as possible.
12. . Legal assistance to child through legal services authority.
13. Special Public prosecutors to be appointed of not less than 7 years of experience.
Trial by Special Court (Ss 28, 31-38)

19. • S.29- Presumption as to certain offences
Persons prosecuted under the act shall be
presumed guilty unless proved innocent by
special court.
• S.30- Presumption of culpable mental state
Persons charged under those Offences which
require the existence of such mental state, it shall
be presumed unless proved otherwise by the
guilty
Statutory presumptions (Ss 29, 30)

20. • Government shall prepare guidelines for use of NGO
professional experts having knowledge of psychology, social
work, physical and mental health at pre-trial and trial stage to
assist a child.
• If an act/omission is an offence under this Act and any other law,
greater punishment as prescribed under this Act or any other
law shall be awarded upon recording conviction.
• In addition to punishment, Special Court shall direct in
appropriate cases compensation to the child for any physical or
mental trauma and immediate rehabilitation.
• Central and State Governments shall take steps for public
awareness of the provisions of the Act.
• National Commission for Protection of Child Rights and State
Commissions shall monitor the implementation of the Act.
Restitution, compensation, alternative
punishment