With the growing crime against children, POCSO Act 2012 (Protection of children from Sexual Offences Act) came into force in November, 2012. This act was formulated to deal with the offences related to children comprising sexual assault, sexual harassment and pornography. The act brought a big relief for the parents as it includes 46 provisions which expanded the scope of reporting offences against children which earlier were not covered under Indian Penal Code.
What is the POCSO Act?
POCSO Act is a comprehensive Act that is enacted to safeguards the interests of children by incorporating child-friendly mechanisms for reporting, recording of evidence, investigation and speedy trial of offences through designated Special Courts. The Act encompasses the child whose age is below eighteen years of age. It defines various forms of sexual abuse like - penetrative assault, non-penetrative assault, sexual harassment and pornography. The POCSO Act considers 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, for example - family member, police officer, doctor or teacher. People who are into child trafficking business for sexual purposes are also punishable under the provisions of POCSO Act.
POCSO Act Punishments after Amendment
The POCSO Act prescribes stringent punishment with a maximum term of rigorous imprisonment for life, and also the fine. Have a look:
Penetrative Sexual Assault (Section 3): It punishes the person with imprisonment of not less than 10 years which may lead to imprisonment for life. Penetrative assault on a child below 16 years shall be punished with imprisonment for a term not less than 20 years, however, it can extend to imprisonment for life
Aggravated Penetrative Sexual Assault (Section 5): It punishes the person with imprisonment of not less than 10 years which may extend to imprisonment for life and also liable to fine. (Section 6).
Sexual Assault (Section 7): It punishes the person with imprisonment of not less than 10 years which may extend to 5 years and fine (Section 8).
Aggravated Sexual Assault (Section 9): It punishes the person with imprisonment of not less than 5 years which may extend to 7 years and fine (Section 10).
Sexual Harassment of the child (Section 11: Almost three years of imprisonment and fine (Section 12).
Use of child for pornographic purpose (Section 14): The punishment is five years and fine. In the event of subsequent conviction, the punishment exceeds seven years and fine (Section 14 (1).
Other punishments related to child pornography:
1: A person who stores or possesses pornographic material in any form involving a child, but doesn’t delete or destroy or report the same to the designated authority, with an intention to share or transmit child pornography: Fine of not less than Rs. 5,000 and fine of not less than Rs. 10,000 in the event of second of subsequent offence.
2: Any person, who stores or possesses pornographic material for a commercial purpose: Not less than 3 years of imprisonment. This may extend to 5 years; or with fine or with both. For subsequent conviction: The imprisonment is of not less than 5 years and upto 7 years and also fine.
3: A person who stores or possesses pornographic material in any form involving a child for transmitting or propagating or distributing or displaying in any manner at any time except for the purpose of reporting, as may be prescribed, or for use as evidence in court, shall be punished with imprisonment of either description: Upto 3 years of imprisonment, or with fine, or both.
Amendments of POCSO Act
In the recent past cases of child sexual abuse cases demonstrating the inhumane mind-set of the abusers, who have been barbaric in their approach towards young victims, is rising in the country.
The proposed amendments to the said Act make provisions for enhancement of punishments for various offences so as to deter the perpetrators and ensure safety, security and dignified childhood for a child.
.
the bill got amended which includes the following provisions:
Sections Amended
POCSO Act, 2012
POCSO (Amendment) Act, 2019
Section (2)(1) [Addition of new clause]
‘(da) “child pornography” means any visual depiction of sexually explicit conduct involving a child which include photograph, video, digital or computer-generated image indistinguishable from an actual child, and image created, adapted, or modified, but appear to depict a child
Section 2 (b)
The words and expressions used herein and not defined but defined in the Indian Penal Code (45 of 1860), the Code of Criminal Procedure, 1973 (2 of 1974), the “Juvenile Justice (Care and Protection of Children) Act, 2000 (56 of 2000)” and the Information Technology Act, 2000 (21 of 2000) shall have the meanings respectively assigned to them in the said Codes or the Acts.
The words and expressions used herein and not defined but defined in the Indian Penal Code (45 of 1860), the Code of Criminal Procedure, 1973 (2 of 1974), the “Juvenile Justice (Care and Protection of Children) Act, 2015” (56 of 2000) and the Information Technology Act, 2000 (21 of 2000) shall have the meanings respectively assigned to them in the said Codes or the Acts.
Section 4 (1) [Punishment increased]
Whoever commits penetrative sexual assault shall be punished with 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.
Whoever commits penetrative sexual assault shall be punished with imprisonment of either description 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.
Section 4 [Insertion of new sub-sections]
“(2) Whoever commits penetrative sexual assault on a child below sixteen years of age shall be punished with imprisonment for a term which shall not be less than twenty years, but which may extend to imprisonment for life, which shall mean imprisonment for the remainder of natural life of that person, and shall also be liable to fine.
(3) The fine imposed under sub-section (1) shall be just and reasonable and paid to the victim to meet the medical expenses and rehabilitation of such victim.”
Section 5
Section 6 [SUBSTITUTED]
Whoever, commits aggravated penetrative sexual assault, shall be punished with 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.
“6. (1) Whoever commits aggravated penetrative sexual assault shall be punished with rigorous imprisonment for a term which shall not be less than twenty years, but which may extend to imprisonment for life, which shall mean imprisonment for the remainder of natural life of that person, and shall also be liable to fine, or with death.
(2) The fine imposed under sub-section (1) shall be just and reasonable and paid to the victim to meet the medical expenses and rehabilitation of such victim.”
Section 9 [Insertion of new clause]
“(v) whoever persuades, induces, entices or coerces a child to get administered or administers or direct anyone to administer, help in getting administered any drug or hormone or any chemical substance, to a child with the intent that such child attains early sexual maturity;”
Section 14 [SUBSTITUTION]
“14. (1) Whoever uses a child or children for pornographic purposes shall be punished with imprisonment for a term which shall not be less than five years and shall also be liable to fine, and in the event of second or subsequent conviction with imprisonment for a term which shall not be less than seven years and also be liable to fine.
(2) Whoever using a child or children for pornographic purposes under sub-section (1), commits an offence referred to in Section 3 or Section 5 or Section 7 or Section 9 by directly participating in such pornographic acts, shall be punished for the said offences also under Section 4, Section 6, Section 8 and Section 10, respectively, in addition to the punishment provided in sub-section (1).”
Section 15 [SUBSTITUTED]
“15 (1) Any person, who stores or possesses pornographic material in any form involving a child, but fails to delete or destroy or report the same to the designated authority, as may be prescribed, with an intention to share or transmit child pornography, shall be liable to fine not less than five thousand rupees, and in the event of second or subsequent offence, with fine which shall not be less than ten thousand rupees.
(2) Any person, who stores or possesses pornographic material in any form involving a child for transmitting or propagating or displaying or distributing in any manner at any time except for the purpose of reporting, as may be prescribed, or for use as evidence in court, shall be punished with imprisonment of either description which may extend to three years, or with fine, or with both.
(3) Any person, who stores or possesses pornographic material in any form involving a child for commercial purpose shall be punished on the first conviction with imprisonment of either description which shall not be less than three years which may extend to five years, or with fine, or with both, and in the event of second or subsequent conviction, with imprisonment of either description which shall not be less than five years which may extend to seven years and shall also be liable to fine.”
Section 34
In section 34 of the principal Act, for the words, brackets and figures "the Juvenile Justice (Care and Protection of Children) Act, 2000", the words, brackets and figures "the Juvenile Justice (Care and Protection of Children) Act, 2015" shall be substituted.
Section 42
Where an act or omission constitutes an offence punishable under this Act and also under Sections 166-A, 354-A, 354-B, 354-C, 354-D, 370, 370-A, 375, 376, 4[376-A, 376-AB, 376-B, 376-C, 376-D, 376-DA, 376-DB], “376-E or Section 509 of the Indian Penal Code” (45 of 1860), then, notwithstanding anything contained in any law for the time being in force, the offender found guilty of such offence shall be liable to punishment under this Act or under the Indian Penal Code as provides for punishment which is greater in degree.
Where an act or omission constitutes an offence punishable under this Act and also under Sections 166-A, 354-A, 354-B, 354-C, 354-D, 370, 370-A, 375, 376, 4[376-A, 376-AB, 376-B, 376-C, 376-D, 376-DA, 376-DB], “376E, section 509 of the Indian Penal Code or section 67B of the Information Technology Act, 2000” (45 of 1860), then, notwithstanding anything contained in any law for the time being in force, the offender found guilty of such offence shall be liable to punishment under this Act or under the Indian Penal Code as provides for punishment which is greater in degree.
Section 45 [Re-lettered] sub-section (2) (a);
Addition of new clauses
“(a) the manner of deleting or destroying or reporting about pornographic material in any form involving a child to the designated authority under sub-section (1) of Section 15;
(aa) the manner of reporting about pornographic material in any form involving a child under sub-section (2) of Section 15;”.
Is arrest under POCSO Act 2019 bailable or non - bailable?
There is no provision for bail in the POCSO Act 2019. It proves that offenses under the Act are non-bailable.
Frequently asked Questions regarding POCSO Act 2019
Q1. Who introduced the POCSO Act 2019?
Ans. The POCSO Act was introduced by the Ministry of Women and Child Development. Later in 2019, Smriti Irani introduced a bill to amend POCSO Act in Rajya Sabha & Loksabha to make the punishments more stringent.
Q2. What is the maximum punishment under the POCSO Act?
Ans. It’s life imprisonment or even death.
Q3. Who is a child under the POCSO Act?
Ans. Any person whose age is under 18 years.
Q4. Who can report a child sexual offence under POCSO Act?
Ans. It applies to Victim, Parents, doctors , school personnel & other known Persons.
Q5. What happens if a mother or father is involved in the offence?
Ans. The child can be transferred to a shelter home where all the needs of the child are taken care of.
With the amendment of POSCO Act 2019, incidences of child sexual abuse cases which demonstrate the inhumane mind-set of the abusers would surely be curbed. It would definitely create fear in the insensitive people who look forward to taking advantage of children in their tender age.