Pocso

forensic

1. POCSO ACT ASK

2. POCSO ? The Protection of Children from Sexual Offences Act , 2012 has been drafted to strengthen the legal provisions for protection of children from sexual abuse and exploitation before passing of this act , sexual offences were covered under different sections of IPC and did not provide for all kinds of sexual offences for children There was no distinction between adult and a child

3. Received presidents asset on 19 th june 2012 Notified in the gazette of India on 20 th june 2012 extended to all of India except Jammu and Kashmir Act came into force with effort from 14 th November 2012

4. AN OVERVIEW Comprehensive law to provide for protection of children From offences of sexual assault , harassment and pornography To safeguard the interests of child at every stage of the judicial process For the proper development of child in view of his or her protection of the right to privacy and confidentiality

5. TRIAL AND SPECIAL COURTS T here are designated special courts for the trial of the cases There are child friendly mechanisms for reporting recording of evidence , investigations and speedy trial of offences Police are cast in role of child protectors during the entire investigation process

6. They also have the responsibility for making urgent arrangements of the case Provides for the Special Court to determine the amount of compensation paid to child Attempt to commit an offence under the Act is liable for punishment

7. MANDATORY REPORTING A ct also provides for mandatory reporting of sexual offences It casts alegal duty on the person who has the knowledge that the child is abused to report the offence Failing to do so attracts punishment of 6 months imprisonment and \fine Medical examination of the child conducted in presence of parent and in case of a girl child by a woman doctor False complaint by a child is not punishable

8. PROCEDURE FOR REPORTING OF THE CASES Provide the information to the Special Juvenile Police Unit (SJPU) or the local police SJPU report the matter to Child Welfare Committee within 24 hrs Steps taken to admit the child into shelter homes or nearest hospital within 24 hrs of report No person shall incur the liability for reporting the commission of offence

9. STRINGENT PUNISHMENTS The punishment varies depending upon the gravity of the offence Child is not able to be repeatedly called to testify in court A case of child sexual abuse must be disposed of within 1 year from the date the offence is reported Provides the special court to determine the amount of compensation to be paid to the child No person in any media should disclose the details regarding the identity of child

10. IMPORTANT PROVISIONS OF THE ACT Definition of the child Definition of different forms of sexual abuse , including penetrative and non penetrative assault and what constitutes to be aggravated sexual assault Punishments are for the relevant sections

11. DEFINITIONS T he act defines a child as any persons below 18 years of age Penetrative sexual assault Sec 3 :means when a male person penetrates either his penis or any object or any part of his body or does something to either penetrate into the private parts of child or make the child do so either to him or any other person Section 5 : an offence is treated as aggravated penetrative sexual assault when the penetration is committed by a person in a position of trust or authority of child Eg …staff of school /hospital , principal ,public servant police officer etc

12. Sexual assault Sec 7 ; whoever with bad intension touches the private parts of a child , be it a male or female child , or make the child do so or does any act with a sexual intent and which involves physical contact without penetration is said to be committing sexual assault Aggravated sexual assault Sec 9: sexual assault committed by any police officer , armed forces , public servant , manager of a hospital or an institution on a child

13. Sexual harrassment Sec 11 ; when any person with a sexual intent utters a word or makes any sound or gesture or displays or exposes any part of the body , with an intention that the child would hear the sound or sees the part of the body is said to commit the offence of sexual harassment Even showing a porn film with any sexual intention is an offence Using a child for pornographic purposes is also an offence punishable under the act

14. PUNISHMENTS Penetrative sexual assault ( sec 3) Not less than 7 years which may extend to imprisonment for life and fine (sec 4) Aggravated penetrative sexual assault (sec 5) not less than 10 years which may extend to imprisonment for life and fine (sec 6) Sexual assault (sec 7) Not less than 3 years which may extend to five years and fine (sec 8)

15. Aggravated sexual assault (sec 9) Not less than 5 years which may extend 7 years ,and fine (sec 10) Sexual harassment of child (sec 11) 3 years and fine (sec 12) Use of child for pornographic purposes (sec 13) 5 years and fine in the event of subsequent conviction , 7 years and fine (sec 14)

16. GUIDING PRINCIPLES AT THE PRE TRIAL AND TRIAL STAGES Right to life and survival The best interests of child The right to be treated with dignity and compassion The right to be protected from discrimination The right to special preventive measures The right to be informed The right to be heard and express views and concern The right to effective assistance ,privacy , safety and compensation

17. SPECIAL GUIDELINES ON INTERVIEWING THE THE CHILD Details of assault - time , place , frequency , description of clothing worn Conducted by trained professionals Purpose of interview would be to support accurate and fair decision making in criminal justice

18. REASONS FOR INTERVIEWING THE CHILD To get a picture of child’s physical and emotional state To establish whether child needs urgent medical attention To find whom the child trusts To find the child’s relationship with parents or family now To assure the child that he or she is now safe and would be cared for