This basis about POSCO ACT

1. Subject
Legal System in India
Topic
POSCO Act 2012
Submission date
05/09/2018
Submitted by
AROGYA SWAMY DASS RAJU.YBSW
Submitted to
Saurabh Kamal, MSW,NET

2.  POSCO, “Protection of children from sexual
offence Act 2012 was formulated on order to
effectively address sexual abuse and sexual
exploitation of children POSCO Act 2012 received
the president’s assent on 19th of June 2012 and
was notified in the gazette of India on 20th June
2012”.

3.  The Act defines a child as a any person below 18
years of age it defines different forms of sexual
abuse, Including penetrative and non-penetrative
of assault, as well as sexual harassment and
pornography.

4.  Short term effects
1. Feeling of powerlessness.
2. Anger / Fear.
3. Feeling of guilty.
4. Loss of esteem and
confidence.
5. Anxiety.
 Long term effects
1. Depression and thoughts of
suicide.
2. Poor body image and low
self esteem.
3. Issues in maintaining
relationships.

5.  The protection of Children from Sexual Offence (
POSCO) Act 2012 is applicable to whole of India.
Its defines a child as any person below the age of
18 year and provides protection to the all children
under the age of 18 years from sexual abuse.

6.  Why?
 Before this Act, child sexual was prosecuted under
:
 IPC 375 – RAPE.
 IPC 354 – Outraging the modesty of a women.
 IPC 377 – unnatural sexual offence.
 IPC 511 – Attempt.

7.  Regarding the details of the assault including the time
and place, frequency, description of clothing worn and so
on.
 Interview to be should conducted by a trained
professional.
 The interviews are forensic rather than therapeutic
interviews thereby for the purposes of being sensitive,
unbiased and truth seeking.
 The purpose of the interview would be to support
accurate and fair decision making in the criminal justice.

8.  To get a picture of the child’s physical and emotional
state.
 To get a picture of child’s relationship with their parents
or family now the circumstances leading to the concern.
 To establish whether the child needs urgent medical
attention.
 To find out who the child trusts.
 To assure the child that he/she is now safe and would be
cared for.

9.  Penetrative sexual assault (sec3)-not less than 7 years which may
extend to imprisonment for life, fine (sec4).
 Aggravated penetrative sexual assault (sec5)-not less than 10
years which my extend to imprisonment for life and fine (sec6).
 Sexual assault (sec7)-not less than 3years which may extend to 5
years and fine (sec8).
 Aggravated sexual assault (sec9)-not less than 5 years which may
extend to 7 years, and fine (sec10).
 Sexual harassment of the child (sec11) – 3 years and fine (sec12).
 Use of child pornographic purpose (sec13)-5 years and fine and in
the event of subsequent convention, 7 years and fine (sec14(1)).

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