- Introduction
Every year, thousands of girls and boys across the Nation face sexual abuse and exploitation. A child is subjected to sexual abuse or exploitation at home, school or community. In order to address the brutal crimes of sexual exploitation and abuse of children, Protection of Children from Sexual Offences (POCSO) Act, 2012 was introduced.
- What is POCSO Act, 2012?
The POCSO Act, 2012 is a comprehensive law to provide protection of children from the offences of sexual assault, pornography and sexual harassment. The Act defines various forms of sexual abuse which includes penetrative as well as non - penetrative assault. The Act safeguards the interest of a child below 18 years of age by incorporating child - friendly mechanisms for reporting and recording of evidence.
As far as history of POCSO Act, 2012 is concerned, let us bring into your knowledge that the
POCSO Act 2012 was notified in the Gazette of India on June 20, in the year 2012.
- The objectives of POCSO Act, 2012:
- Protection of children below 18 years from sexual harassment, sexual assault and pornography.
- Safeguarding the interest of a child at various stages like - reporting, recording of evidence, investigation and trial of offences.
- Providing relief and rehabilitation as soon as the complaint is lodged with Special Juvenile Police Unit.
- Stipulates special courts for the speedy disposal of sexual cases.
- Salient features of POCSO Act, 2012:
POCSO Act helps eradicate evils against children; hence it is important to go through its features:
1. Gender Neutrality: The POCSO Act 2012 regards the best interests and welfare of both male and female child to ensure the healthy physical, emotional, intellectual and social development of the child.
2. Defines different forms of sexual abuse: The POCSO Act 2012 defines different forms of sexual assault to be aggraved under certain circumstances, such as when the abused child is mentally ill or the abuse is committed by the person in a position of trust like the police officer, teacher, doctor or a family member.
3. Stringent punishment against child trafficking: People who traffic children for sexual purposes are punishable under the provisions of POCSO Act 2012. The Act prescribes the stringent punishment according to the gravity of the offence with a maximum punishment of lifelong imprisonment and fine.
4. Covers child pornography: POCSO Act 2012 includes visual depiction of sexual conduct with a child through video, digital, photograph or computer generated image which might be indistinguishable from an actual child but, appears to depict a child.
5. Avoid re-victimization of a child: Adequate provisions are made to avoid re-victimization of the child at the hands of the judicial system. The Act assigns a policeman to protect a child during the investigation process.
- Implementation of POCSO Act 2012
The POCSO Act came into force on November 14, 2012 and it was specifically formulated to deal with various offences related to child sexual abuse and child pornography. The Act includes 46 provisions. It increases the scope of reporting offences against children which were not included under the Indian Penal Code (IPC). The POCSO Act, 2012 provides procedures for recording the statement of a child by the court and police in a child friendly manner.
- Punishments under POCSO Act 2012
On July 18, 2019, The POCSO Act 2012 (Amendment Bill) was introduced in Rajya Sabha by the Minister of Women and Child Development, Ms. Smriti Zubin Irani. Amendment in POCSO Act 2012 has brought a lot of changes in terms of punishments.
- The punishment for Penetrative Sexual Assault on a child is imprisonment for not less than 7 years, however it can extend to imprisonment for life and fine. But the POCSO Amendment Bill, 2012 has increased the minimum punishment from 7 years to 10 years.
- Whoever commits penetrative sexual assault on a child below sixteen years of age shall be punished for not less than 20 years, but it may extend to imprisonment for life. In rare cases, death penalty can also be given according to the courts' discretion.
- Sexual assault without penetration leads to imprisonment for not less than three years which may also extend to five years and fine.
- Use of Child for pornography purposes resulting into aggravated sexual assault may lead him/her towards imprisonment for minimum 8 years and maximum 10 years. As per Amendment Bill, 2019, the punishment has been reduced to minimum 5 years and maximum 7 years.
- Possessing, displaying or propagating a pornographic material of a child in any form at any time except for the purpose of reporting shall be punished with imprisonment upto three years of imprisonment or with fine or both.
- Storing or possessing a pornographic material in any form involving a child for commercial purpose shall be punished with imprisonment for 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.
- Top 5 Judgments Before POCSO Act 2012
- Bharwada Bhoginbhai Hirjibhai Vs. State of Gujarat
The appellant, a Government servant employed in the Sachivalaya at Gandhinagar was found guilty by the Sessions judge with serious charges of sexual misbehavior with two young girls (aged about 10 or 12) and was convicted for the offence of rape. The girls had visited his house to meet his daughter.
Judgment - The trial Court had convicted the accused for rape by violating modesty. However, the High Court had upheld the conviction while reducing the charge from rape to attempt to rape. Accordingly, the conviction under 376 was altered into one under Section 376 read with Section 511 of the Indian Penal Code.
Satya Vani was a student of 10th class. She was residing with her parents in the village Talluru. Respondent Babu, a married youngman was used to live near her place. Satya was used to visit his place to watch television programmes. One day Satya had went to her grandparents’ home. While returning from home, Satya had stayed at his neighbor place. During that time, the respondent Babu was alone at home. Babu subjected Satya Vani to sexual intercourse by forcibly putting her on the cot. He throttled her to the death and went missing by bolting the house from outside. The two residents of the locality physically produced the Babu before the police. The respondent had also admitted his guilt. The letter which Satya had addressed to the respondents was also delivered to the police. After completing the investigation, the respondent was challaned.
Judgment - Based on the evidences, Session court had found that respondent had raped the deceased girl and killed her by throttling. Sadly, High Court verdict was that there is no direct evidence to show that the accused alone had sexual intercourse with her. The judges also said that she might have had died by poisoning. But, The Supreme Court of India concluded that the High Court had insufficient reason to overturn a rape conviction. The Court also said that the rape cases must be handled with “utmost sensitivity” and High Court must look into the “totality of the background” of the case.
Sudesh Jhaku v/s K.C.J & Others, Delhi on 23 May, 1996
A sordid and shocking case of a father, a high ranking bureaucrat in the Ministry of Home Affairs, involving his six year old daughter in a series of sexualised games and orgies with himself and other adults forced the justice system into a series of deliberations on various aspects of sexual abuse and assault. There was a need to elaborate and expand on the meaning of the terms ‘rape’, ‘penetration’ and according a higher punishment to sexual offenders who hold a ‘position of trust and authority’.
Judgment:The court also deliberated on the precautions to be taken when a child is called on deposition in court. The order makes mention of several child friendly procedures like asking simple questions (avoiding double negatives) when questioning the child and giving breaks to the child. It also highlights how the presence of a screen can not just retain anonymity of the child and also make her/him uncomfortable when deposing. It also speaks of the presence of ‘support persons’ or ‘neutral adults’ who can handhold and support the child during trial.
https://indiankanoon.org/doc/134531/
- State of Punjab Vs. Gurmit Singh and Others
The prosecutrix was a young girl below 16 years of age who was studying in the class 10th. While going to the house of maternal uncle, she had covered the distance of 100 Km from her school. A Sikh youth aged 20/25 years came from behind. The car contained all the accused people - Gurmit Singh, Jagjit Singh and Ranjit Singh. The car was stopped near the girl and Jagjit had pushed her inside his car. He and his other mates drove her to the tubewell owned by Ranjit Singh. The girl was forced to consume the liquor and made her lie on the cot. All the accused raped her again and again, and in the night as well. Next morning, they left her near the Boys High School, the place from where she was abducted. When her father got to know about the whole incident, he approached the Sarpanch - Joginder Singh of the village. When no justice was found from their side, her family had lodged the case with the police. The doctor to whom the father of the young girl had approached also opined that the vagina of prosecutrix was swelled.
Judgment: High Court broadly recognized and analyzed by the evidence Act 1872 and Section 118 and IPC sections of POCSO Act 2012 - 363, 366, 368 and 376. The men were found guilty and given the imprisonment of 5 years with fine of Rs. 5000.
Prosecutrix’s mother, father and brother had opened a shop in Jatra. Prosecutrix mother and sister were there in the house at Hosahatti. One day Prosecutrix had left Hasahatti to go to Kabbala as she had to get her bus fare from her. The accused followed her, grabbed her and dragged her to the side of the road. The accused had put towel into her mouth and raped her. After raping her and removing the towel, she screamed. Yellabovi listened to her cry and he raised the hue and cry. The accused had left the place. While he was settling her, Kumara also came over there and asked him what had happened to her. Yellabovi had also informed her parents about the incident. Her father informed the Pradhan of the village and lodged the complaint with police. Dr. Shantabai had also opined that her vagina was tender and sexual intercourse had happened. Stains of semen were also found on her lehenga. However, the accused said that he has been falsely implicated as he had a quarrel between the accused and the father of the prosecutrix over setting up the sop at the Kabbala jatra.
Judgment: The accused was found guilty under Section 376(1) IPC and the Trial Court in a carefully reasoned judgment found that there was no reason to disbelieve the evidence of the prosecutrix. Sessions Court sentenced the accused imprisonment of ten years and a fine of Rs 1,000. However, High Court reversed the verdicts of Sessions Court and disbelieved prosecutrix’s testimony.
FAQs:
Q1. What is POCSO Act 2012?
Ans. The Protection of Children from Sexual Offences Act (POCSO Act) 2012 was established in order to protect the children against offences like sexual harassment, sexual abuse, and pornography. The POCSO Act 2012 also makes it the legal duty of a person to report the sexual abuse.
Q2. Can POCSO Act 2012 be applied in a minor case?
Ans. Yes, POCSO Act 2012 can be applied in case of a minor.
Q3. Under which courts, the trial of cases under POCSO Act 2012 can be held?
Ans. The trial of cases under POCSO Act 2012 can be looked upon by District Court, High Court and Supreme Court.
Q4. What are the provisions in POCSO Act 2012 punishment?
Ans. The provisions in POCSO Act punishment include imprisonment and fine which is sentenced according to the extent of crime.
Q5. What is sexual harassment according to POCSO Act 2012?
Ans. According to POCSO Act 2012, the sexual harassment includes penetrative and non - penetrative assault and pornography.
Q6. Who is a child according to POCSO Act 2012?
Ans. The POCSO Act 2012 defines a child as any person who is below 18 years of age. It regards the well - being and interests of the child at every step ensuring the overall development of the child whether it’s physical, emotional, intellectual or social.