The presentation is about a short notes on The protection of children from sexual offences act, (POCSO), 2012. detailed about the origin of the act in short with important supreme court judgements and every section is decipher very shortly in the presentation and it includes flow chart also.

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THE PROTECTION OF CHILDREN
FROM SEXUAL OFFENCES ACT,
(POCSO) 2012
~ By VASU KAPOOR
PROTECTION
SAFETY
CHILDHOOD

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Index
1. Origin and History
2. Mukesh & Anr. vs. State for NCT of Delhi & Ors., and justice Verma committee
3. Who is child and India and International convention
4. Protection from offences and special court
5. SEXUAL OFFENCES AGAINST CHILD
 Penetrative sexual assault
 Aggravated penetrative sexual assault
 Sexual Assault
 Aggravated sexual assault
 Sexual Harassment
 Using child for pornographic purposes
 Reporting of offences
 Recording of statement of child
 Medical examination of victim
6. SPECIAL COURT
7. PROCEDURE AND POWERS OF SPECIAL COURTS AND RECORDING OF EVIDENCE
 Court Duties towards child
 Central and state government duties
 The Protection of Children from Sexual Offences (Amendment) Bill, 2019 and POCSO rules
2020
1. Conclusion
2. Bibliography
3. Thank you

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Origin and History
 The Parliament of India passed the 'Protection of Children Against Sexual Offences Bill,
2011' regarding child sexual abuse on 22 May 2012 into an Act. The rules formulated by
the government in accordance with the law have also been notified on the November
2012 and the law has become ready for implementation.
 Protection of children by the state is guaranteed to Indian citizens by an expansive
reading of Article 21 of the Indian constitution, and also mandated given India's status
as signatory to the UN Convention on the Rights of the Child.
 Goa Children's Act, 2003, was the only specific piece of child abuse legislation before
the 2012 Act.

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 Child sexual abuse was prosecuted under the following sections of 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, 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 criminalize sexual abuse of children.

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Mukesh & Anr. vs. State for NCT of Delhi & Ors.,
A 23-year-old trainee physiotherapist woman was brutally got raped repeatedly by five adult men
and a juvenile on the night of 16th December 2012 onto a moving bus in the capital of our
country. She got attacked with an iron rod due to which she had her intestines pulled out. Later,
in spite of receiving all the possible treatments, she died in the hospital in Singapore.
• One accused hanged himself in the jail while other four adults were sentenced to death. A
Bench of Justices Dipak Mishra, R Banumathi, and Ashok Bhushan were unanimously passed
the judgment of Death penalty to all the accused except juvenile. The juvenile who was
equally involved in the incident and raped the woman was convicted and sentenced to three
years in a reformation center. Such an incident where humanity is treated with irreverence,
which created a shock in the collective conscience sparked nationwide revulsion and various
legislative reforms in rape laws.

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After the incident, a panel was set up under the chairmanship of JS Verma (former Chief Justice
of India) for analyzing criminal laws and to suggest all the possible amendments which can be
made to enhance punishment in case of assault of extreme nature and brutality against women
in criminal law. Within a month, the panel was ready with its report consisting of so many
recommendations for changing India’s rape laws.
• As per the recommendations of the Justice Verma Committee, Criminal Law (Amendment)
Act, 2013 has passed which provides for the amendment of Indian Penal Code, 1860; Code of
Criminal Procedure, 1973, Indian Evidence Act, 1872 and Protection of Children from Sexual
Offences Act, 2012 in relation of sexual offences related laws. Act widened the scope of rape’s
definition and provided for capital punishment in rape cases that cause the death of the
victim or leave her in a permanent vegetative state. Act also provides for several new offenses
to make laws more stringent.

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Who is child :-
According to act section 2 (1)(d) means any person below
the age of eighteen years;
Biologically, a child (plural children) is a human being
between the stages of birth and puberty, or between the
developmental period of infancy and puberty.
The legal definition of child generally refers to a minor, otherwise known as a person
younger than the age of majority. Children generally have fewer rights and less responsibility
than adults. They are classed as unable to make serious decisions, and legally must be under
the care of their parents or another responsible caregiver.

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 The Government of India has acceded on the 11th December, 1992 to the Convention on the
Rights of the Child, adopted by the General Assembly of the United Nations, which has prescribed
a set of standards to be followed by all State parties in securing the best interests of the child.
According to the United Nations Convention on the Rights of the Children – that India ratified in
1992 – all children are born with fundamental rights.
1. Right to Survival – to life, health, nutrition, name, nationality,
2. Right to Development – to education, care, leisure, recreation, cultural activities,
3. Right to Protection – from exploitation, abuse, neglect,
4. Right to Participation – to expression, information, thought, religion
• It is imperative that the law operates in a manner that the best interest and well being Of the
child are regarded as being of paramount importance at every stage, to ensure the healthy
physical, Emotional, intellectual and social development of the child;

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 The State parties to the Convention on the Rights of the Child are required to undertake all
appropriate national, bilateral and multilateral measures to prevent—
a. the inducement or coercion of a child to engage in any unlawful sexual activity;
b. the exploitative use of children in prostitution or other unlawful sexual practices;
c. the exploitative use of children in pornographic performances and materials;

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Sexual
harassment
Pornography
Sexual
assault
Protect children from offences of:-
Special
court
Establish special court:-
The acts preamble specified to protect children from offences of sexual assault, sexual
harassment and pornography and provide for establishment of Special Courts for trial of such
offences and for matters connected therewith or incidental thereto.
According to section 28 of the POCSO act – The court of session to be a special court to try the
offences under the act.

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Sexual offences against child
A.Section 5
B.Aggravated
penetrative
sexual
assault-
Section 9
Aggravated
sexual assault
Section 3
Penetrative
sexual assault
Section 7
Sexual
assault
Section 11
Sexual
harassment
Section 13
Pornographic
purposes

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• S.3:-Penetrative sexual assault: Under the Act, a person commits “penetrative sexual assault”
if he:
(I) penetrates his penis into the vagina, mouth, urethra or anus of a child, or
(ii) makes a child do the same, or
(iii) inserts any other object into the child’s body, or
(iv) applies his mouth to a child’s body parts.
 S.4:-The punishment for such offence is imprisonment between seven years to life, and a fine.

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• S.5 - Aggravated penetrative sexual assault:-
• 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.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.

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• S.7- Sexual Assault- 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,
C. Any other act with sexual intent involving physical touch except penetration.
 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.
• S.9 - Aggravated sexual assault- Similar to aggravating circumstances similar to S.5.
 S.10 - Minimum imprisonment for five years of either description which may extend to 7
years with fine.

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• S.11 - Sexual Harassment- Acts done by one with sexual intent, namely:-
1. utters any word, sound, makes any gesture, exhibits any 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.12 - Imprisonment up to 3 years of either description and fine.

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• S.13 - Using child for pornographic purposes-Using child in media, i.e., in
programs / advertisements telecast in television channels, internet, electronic/print
form-
a. representing sexual organs of child Representing sexual organs of child,
b. using child in real/simulated sexual acts (with or without penetration),
c. Indecent/obscene representation of child.
 S.14 - Punishment is imprisonment up to 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.
• 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 Pornographic/sexually
exploitative/obscene nature relating to a child. Punishment is imprisonment for six
months or fine.

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• S.19 - Reporting of offences –
I. Anyone including child may report even apprehension of offence to Special juvenile police unit 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.
IV. Report the matter within 24 hours to child welfare and special court or Court of sessions.
V. No civil or criminal liability to a person for giving information in good faith. However, information given
with intention to harm reputation of any person or victimize a child is punishable under Section 22.
• 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.

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Recording of statement of child
(Ss 24, 25, 26)
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.

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Medical examination of victim
• S.27 - Medical examination of a child:-
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.

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Special court
• As per Section 28 the State Government shall in consultation with the Chief Justice of the High
Court, by notification in the Official Gazette, designate for each district, a Court of Session to be a
Special Court to try the offences under the Act.
• As per Section 31 the provisions of the Code of Criminal Procedure, 1973 (2 of 1974) (including the
provisions as to bail and bonds)shall apply to the proceedings before a Special Court and for the
purposes of the said provisions, the person conducting a prosecution before a Special Court, shall be
deemed to be a Public Prosecutor.
• As per section 32 — The State Government appoint a Special Public Prosecutor for every Special Court .
 Seven year practice needed to become Special Public Prosecutor under this act.

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PROCEDURE AND POWERS OF SPECIAL COURTS AND
RECORDING OF EVIDENCE :-
• The special court will take cognizance of the offence on the complaint of the facts
and upon the police report of such facts.
• The Special Public Prosecutor, or as the case may be, the counsel appearing for the
accused shall, while recording the examination-in-chief, cross-examination or re-
examination of the child, communicate the questions to be put to the child to the
Special Court which shall in turn put those questions to the child.

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• Court Duties towards child:-
• Permit frequent breaks for the child during the trial.
• create a child-friendly atmosphere by Allowing a family member, a guardian, a friend or a relative,
in whom the child has trust or confidence, to be present in the court.
• shall ensure that the child is not called repeatedly to testify in the court.
• shall not permit aggressive questioning or character assassination of the child and ensure that
dignity of the child is maintained at all times during the trial.
• ensure that the identity of the child is not disclosed at any time during the course of investigation or
trial:
Provided that for reasons to be recorded in writing, the Special Court may permit such disclosure, if in
its opinion such disclosure is in the interest of the child.
• the Special Court may, in addition to the punishment, direct payment of such compensation as may
be prescribed to the child for any physical or mental trauma caused to him or for immediate
rehabilitation of such child.

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• The evidence of the child shall be recorded within a period of thirty days of the Special Court
taking cognizance of the offence and reasons for delay, if any, shall be recorded by the Special
Court.
• The Special Court shall complete the trial, as far as possible, within a period of one year from the
date of taking cognizance of the offence.
• The Special Court shall ensure that the child is not exposed in anyway to the accused at the time
of recording of the evidence,
For the purposes of sub-section (1), the Special Court may record the statement of a child through
video conferencing or by utilizing single visibility mirrors or curtains or any other device.
• child has a mental or physical disability, the Special Court may take the assistance of a special
educator or any person familiar with the manner of communication of the child or an expert in
that field, having such qualifications, experience and on payment of such fees as may be
prescribed to record the evidence of the child.

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• Guidelines for child to take assistance of experts, etc.— the State Government shall prepare
guidelines for use of non-governmental organizations, professionals and experts or persons having
knowledge of psychology, social work, physical health, mental health and child development to be
associated with the pre-trial and trial stage to assist the child.
• Right of child to take assistance of legal practitioner.
• Public awareness about Act.—The Central Government and every State Government, shall take all
measures to ensure that—
 the provisions of this Act are given wide publicity through media including the television, radio and
the print media at regular intervals to make the general public, children as well as their parents and
guardians aware of the provisions of this Act;
Central and state government duties:-

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• Power to make rules.—(1) The Central Government may, by notification in the Official Gazette, make rules
for carrying out the purposes of this Act.
- make rules related to :-
(a) the qualifications and experience of, and the fees payable to, a translator or an interpreter, a special
educator or any person familiar with the manner of communication of the child or an expert in that field, under
sub-section (4) of section 19; sub-sections(2) and (3) of section 26 and section 38;
(b) care and protection and emergency medical treatment of the child under sub-section (5) of section 19;
(c) the payment of compensation under sub-section (8) of section 33;
(d) the manner of periodic monitoring of the provisions of the Act under sub-section (1) of section44.
• Power to remove difficulties.—(1) If any difficulty arises in giving effect to the provisions of this Act, the
Central Government may, by order published in the Official Gazette, make such provisions not inconsistent
with the provisions of this Act as may appear to it to be necessary or expedient for removal of the difficulty:
Provided that no order shall be made under this section after the expiry of the period of two years from the
commencement of this Act.
Every order made under this section shall be laid, as soon as may be after it is made, before each House of
Parliament.

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Amendment
The Protection of Children from Sexual Offences (Amendment) Bill,
2019
• Penetrative sexual assault (S.3): The Bill increases the minimum punishment from seven
years to ten years. It further adds that if a person commits penetrative sexual assault on a
child below the age of 16 years, he will be punishable with imprisonment between 20
years to life, with a fine.
• Aggravated penetrative sexual assault (S.5): These include: (I) assault resulting in death
of child, and (ii) assault committed during a natural calamity, or in any similar situations of
violence. Currently, the punishment for aggravated penetrative sexual assault is
imprisonment between 10 years to life, and a fine. The Bill increases the minimum
punishment from ten years to 20 years, and the maximum punishment to death penalty.

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• Aggravated sexual assault (S.9): The Bill adds two more offences to the definition
of aggravated sexual assault. These include: (I) assault committed during a natural
calamity, and (ii) administrating or help in administering any hormone or any
chemical substance, to a child for the purpose of attaining early sexual maturity.
• Pornographic purposes: The Bill defines child pornography as any visual depiction
of sexually explicit conduct involving a child including photograph, video, digital or
computer generated image indistinguishable from an actual child.

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Offence POCSO Act, 2012 2019 Bill
Use of child for pornographic
purposes
Maximum: 5 years · Minimum: 5 years
Use of child for pornographic
purposes resulting in penetrative
sexual assault
· Minimum: 10 years
· Maximum: life imprisonment
· Minimum: 10 years (in case of child
below 16 years: 20 years)
· Maximum: life imprisonment
Use of child for pornographic
purposes resulting in aggravated
penetrative sexual assault
Life imprisonment · Minimum: 20 years
· Maximum: life
imprisonment, or death.
Use of child for pornographic
purposes resulting in sexual assault
· Minimum: Six years
· Maximum: Eight years
· Minimum: Three years
· Maximum: Five years
Use of child for pornographic
purposes resulting in aggravated
sexual assault
· Minimum: Eight years
· Maximum: 10 years
· Minimum: Five years
· Maximum: Seven years

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Conclusion
• Ravi v. State of Maharashtra (2019), considering the heinous nature of the rape and murder of
girl of 2 years, the court without any hesitation gave the death penalty to the accused giving
a retrospective effect to the Amendment. Considering the twin factors, it concluded that such
criminals cannot be reformed despite best efforts and would be a threat to the security and
safety of the society whenever released. Pocso act and its amendments bring major change in
the criminal justice system and punishment model which cannot be in the box of reformative.
• It further held that it would adhere to the legislative policy in the wake of increasing cases of
sexual abuse and exploitation of children of tender age. A similar approach was also taken in
Manoharan v. State which involved rape, sodomy and cold-blooded murder of a boy and a girl
aged 7 and 10 years respectively.
• In the opinion of many, the death penalty serves as a retributive and deterrent measure and
emphasizes on the principle of ‘eye for an eye’. It also causes people to refrain from
committing certain offences.

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• However, the Law Commission’s 2015 report on death penalty suggests otherwise. In 28.9%
of the cases where a trial court awarded the death sentence, it ended in an acquittal by a
higher court. Further, a death sentence may not, in reality, guarantee a greater deterrence as
compared to life imprisonment.
• The amendment of 2020 rules regarding pocso is basically focuses on the promotion of the
child rights and child abuse as part of the education to make awareness and create a
conscious mind. The Protection of Children from Sexual Offences Rules, 2020. These rules
come into force from the date of their publication in the official gazette.
 Following are the heads under which the Pocso Rules, 2020 have been laid down:
 Awareness generation and capacity building
 Procedure regarding care and protection of child
 Interpreters, translators, special educators, experts and support persons
 Medical aid and care
 Legal aid and assistance

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 Special relief
 Compensation
 Procedure for imposition of fine and payment thereof
 Reporting of pornographic material involving a child
 Monitoring of implementation of the Act
 Protection of Children from Sexual Offences Rules, 2012 are hereby repealed, except as
respects things done or omitted to be done before such repeal.
“Receive the children in reverence, educate them
in love, and send them forth in freedom.”
~Rudolf Steiner

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Bibliography:-
1. Official bare act pdf- POCSO act and POCSO rules
2. Ministry of women and child development
3. Economic times news, Wikipedia and shodhganga
4. Rajya Sabha tv

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Thanking you
Name :- VASU KAPOOR
Email :- vasukapoor44@yahoo.com