POCSO (The Protection of Children from Sexual Offences )Act 2012

The Protection of Children from Sexual Offences (POCSO) Act, 2012, is a comprehensive law enacted in India to protect children from sexual abuse, sexual harassment, and pornography.
POCSO Act defines a child as any person below the age of 18 years and provides for stringent punishments for the perpetrators of sexual offenses against children. It is a gender-neutral law, which protects both female and male victims.
Although the Convention on the Rights of the Child was adopted by the United Nations in 1989, the offences against children were not redressed by way of any legislation in India till the year 2012. The Act has come into force on the 14th of November 2012, along with the rules framed thereunder. There are 46 Sections in POCSO Act, 2012.
The Act is a comprehensive law to provide for the protection of children from the offences of sexual assault, sexual harassment and pornography, while safeguarding the interests of the child at every stage of the judicial process by incorporating child-friendly mechanisms for reporting, recording of evidence, investigation and speedy trial of offences through appointment of Special Public Prosecutors and designated Special Courts. The Act provides for stringent punishments which have been graded as per the gravity of offence and protects children from both intentional and unintentional harm.
The Act was further reviewed and amended in 2019 to introduce more stringent punishment, including the death penalty, for committing sexual crimes on children, with a view to deter the perpetrators and prevent such crimes against children. The statute not only convicts individuals who commit sexual assault but also those who neglect to report the crime. It provides stringent deterrents for the commission of offences against children ranging from a minimum of 20 years of imprisonment to the death penalty in case of aggravated penetrative sexual assault.

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POCSO Act 2012 Dr. Nicholas Correa





The Protection of
Children
from Sexual Offences
(POCSO) Act 2012

Session By
Dr. Nicholas Correa

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POCSO Act 2012 Dr. Nicholas Correa

The Protection of Children from Sexual Offences
(POCSO) Act 2012
Introduction:
India has indeed made significant strides in the recognition and protection of child rights through
its legal and constitutional framework. The Constitution of India, which guarantees key rights to
children, has been supplemented by numerous statutes and criminal laws designed to safeguard
their well-being and ensure justice. Key constitutional provisions like
Article 21-A in the Constitution of India provides free and compulsory education of all children
in the age group of six to fourteen years as a Fundamental Right.
Article 24(a), which protects children from hazardous work, reflect a deep commitment to
children’s welfare. These provisions are further supported by broader rights like the right to
equality (Article 14), the right to personal liberty (Article 21), and the protection from trafficking
and forced labour (Article 23), ensuring that children enjoy the same fundamental rights as
adults.
The Right of Children to Free and Compulsory Education (RTE) Act, 2009, which represents the
consequential legislation envisaged under Article 21-A, means that every child has a right to full
time elementary education of satisfactory and equitable quality in a formal school which satisfies
certain essential norms and standards.
In terms of legal mechanisms, and child protection laws, over 250 statutes passed by both Union
and State Governments underscores the country's commitment to child welfare. These laws
address everything from education and employment to criminal offenses against children.
The Indian Penal Code (IPC), 1860, includes provisions dealing with crimes against children,
such as kidnapping, abduction, and sexual offenses, the Indian Evidence Act, 1872, and
Criminal Procedure Code, 1973, provide legal safeguards during trials, ensuring child victims
or witnesses are treated with care.
Despite all these legal provisions there was no apt law which protected children from sexual
abuses and exploitation except Goa Children’s Act 2003. Hence The Protection of Children from
Sexual Offences (POCSO)Act 2012 was enacted.

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The Core Child Protection Legislations in India:
The core child protection legislations for children are enshrined in four main laws which serve
as the foundation of child protection legislation in India, ensuring the safety, rights, and welfare
of children:
1. The Juvenile Justice (Care and Protection) Act 2015: This law provides for the care,
protection, and rehabilitation of children in conflict with the law and those in need of care
and protection. It also establishes Juvenile Justice Boards and Child Welfare Committees
for handling juvenile cases.
2. The Prohibition of Child Marriage Act 2006: This law prohibits the marriage of
children under 18 years for girls and 21 years for boys and prescribes penalties for those
who promote or participate in such marriages.
3. The Protection of Children from Sexual Offences (POCSO) Act 2012: This
comprehensive law aims to protect children from sexual abuse, exploitation, and
harassment. It defines various sexual offenses, provides for child-friendly reporting
mechanisms, and ensures strict punishment for offenders.
4. The Child Labour (Prohibition and Regulation) Act (1986, amended in 2016): This
law prohibits the employment of children under the age of 14 in hazardous occupations
and regulates the working conditions of adolescents (14–18 years) to prevent
exploitation. The 2016 amendment introduced stricter penalties and widened the scope
of hazardous employment.
These laws collectively work to safeguard the rights and dignity of children in India.

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POCSO Act 2012
In this document we will discuss and focus on The Protection of Children from Sexual Offences
(POCSO) Act, 2012. The Protection of Children from Sexual Offences (POCSO) Act, 2012, is a
comprehensive law enacted in India to protect children from sexual abuse, sexual harassment,
and pornography.
POCSO Act defines a child as any person below the age of 18 years and provides for stringent
punishments for the perpetrators of sexual offenses against children. It is a gender-neutral law,
which protects both female and male victims.
Although the Convention on the Rights of the Child was adopted by the United Nations in
1989, the offences against children were not redressed by way of any legislation in India till the
year 2012. The Act has come into force on the 14th of November 2012, along with the rules
framed thereunder. There are 46 Sections in POCSO Act, 2012.
The Act is a comprehensive law to provide for the protection of children from the offences of
sexual assault, sexual harassment and pornography, while safeguarding the interests of the child
at every stage of the judicial process by incorporating child-friendly mechanisms for reporting,
recording of evidence, investigation and speedy trial of offences through appointment of Special
Public Prosecutors and designated Special Courts. The Act provides for stringent punishments
which have been graded as per the gravity of offence and protects children from both intentional
and unintentional harm.
The Act was further reviewed and amended in 2019 to introduce more stringent punishment,
including the death penalty, for committing sexual crimes on children, with a view to deter the
perpetrators and prevent such crimes against children. The statute not only convicts individuals
who commit sexual assault but also those who neglect to report the crime. It provides stringent
deterrents for the commission of offences against children ranging from a minimum of 20 years
of imprisonment to the death penalty in case of aggravated penetrative sexual assault.
Why was it necessary to introduce POCSO 2012:
The introduction of the POCSO Act in 2012 was necessary due to several compelling reasons
related to the need for stronger legal protections for children against sexual offenses in India.
Here are some of the key factors that led to the enactment of this legislation:

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1. Rising Incidents of Child Sexual Abuse: There was an alarming increase in cases of
child sexual abuse across India. Existing laws were inadequate to address the full
spectrum of sexual offenses against children, and there was an urgent need for a
comprehensive legal framework to protect children from such crimes.
2. Inadequate Legal Framework: Before POCSO, India did not have a specific law
dealing with child sexual abuse except Goa Children’s Act 2003.
Under the Indian Penal Code 1860, child sexual abuse accounted for an offence under
Sections 375 for Rape, Section 354 Outraging the modesty of a woman and Section 377
Unnatural Offences.
However, theses Sections of IPC could not effectively protect children due to various
loopholes like: Section 375 does not protect male victims or anyone from sexual acts of
penetration other than "traditional" peno-vaginal intercourse. Section 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. Section 377 does
not define the term "unnatural offences". It only applies to victims penetrated by their
attacker's sex act and is not designed to criminalize sexual abuse of children.
The legal framework also failed to address the unique vulnerabilities of children and did
not provide for child-friendly procedures in reporting, investigation, and trial.
3. Lack of Child-Friendly Procedures: The existing legal processes were not designed
to cater to the needs of children, often resulting in re-traumatization of child victims
during legal proceedings. There was a pressing need for procedures that were sensitive
to the needs of children, ensuring their dignity and protection throughout the legal
process.
4. Inadequate Punishments and Definitions: The Indian Penal Code (IPC) did not
adequately define or categorize different forms of sexual abuse against children, and the
punishments were not sufficiently stringent to deter offenders.
5. No Special Law for children to deal with sexual offences and assaults: There was
no special law which dealt with the protection of children aged less than 18 from
offences like sexual harassment, sexual assault and child pornography except Goa
Children’s Act 2003.
Thus, the introduction of the POCSO Act in 2012 was necessary to fill significant gaps in the
existing legal framework, ensuring that children in India are adequately protected from sexual
offenses, and that the legal process is equipped to handle such cases in a sensitive and effective
manner.

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Key Features of the POCSO Act:
1. Definition of child abuse: POCSO Act 2012 addresses sexual abuse of any kind on a
child who is below 18 years. Section-2(1)(d) defines a "child "- as any person below
the age of 18 years.
Sexual abuse includes penetrative sexual assault, aggravated penetrative sexual assault,
sexual assault, aggravated sexual assault, sexual harassment and use of a child for
pornographic purposes defined in Act and amended from time to time.
Child Sexual Abuse (CSA) is a broad term used to describe sexual offences against
children. Child Sexual Abuse occurs when a person involves the child in sexual
activities for his/ her sexual gratification, commercial gain or both.
Physical Contact Forms of Abuse: In some cases, there will be clear physical contact
between the offender and the child such as penetrative sex, fondling of the child’s
genitals or making the child touch the offender’s genitals, touching any part of the
child’s body with sexual intent, kissing with sexual intent, etc.
Non‐Physical Contact Forms of Abuse: Child Sexual Abuse can also occur without
contact between the offender and the child such as showing pornographic videos or
pictures to the child, using the child in pornographic material, verbal abuse, making
lewd gestures to the child, playing sexualized games, stalking the child or chatting with
sexual intent with the child over the Internet, etc.
The POCSO Act would still apply where the offence is committed by a child, the only
difference is that the procedure would be as per the Juvenile Justice (Care and
Protection of Children) Act, 2015.
Emotional abuse includes acts or omissions by parents or caretakers that have caused
or could cause distress, serious behavioural, cognitive, emotional, or mental trauma to
the child.
Indicators of Abuse: Many children attending school/institution are victims of abuse.
However, the victims do not share their experiences with adults on many occasions.
Considering them, the school management and staff should always be alert in finding

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out consequences of child abuse in children. It is therefore imperative for them to
understand the following check lists given in the form of indicators:
Physical Indicators: • Unexplained genital injury • Inflammation of the vagina •
Vaginal or penile discharge • Bedwetting and fecal soiling beyond the usual age • Anal
complaints (e.g. fissures, pain, bleeding) • Pain on urination • Urinary tract infection •
Sexually Transmitted Infections • Pregnancy • Presence of sperm.
Behavioural Indicators: • Regression in behaviour, school performance or attaining
developmental milestones • Acute traumatic response such as clingy behaviour and
irritability in young children • Sleep disturbances • eating disorders • Problems at
school • Depression • Social problems • Poor self-esteem • Inappropriate sexualized.
Behaviours.
The Act for the first time, defines “penetrative sexual assault”, “sexual assault” and
“sexual harassment”. The offence is considered graver if it is committed by a police
officer, public servant, any member of the staff at a remand home, protection or
observation home, jail, hospital or educational institution, or by a member of the armed
or security forces.
Causes of Child Sexual Abuse:
Like many other social problems, child sexual abuse cases are not getting better. This is
because the reasons why they happen are a bit complex, and not easy to deal with.
Child sexual abuse is a very secret crime, and unless the victim is bold to tell someone
about it, it can be hidden for a lifetime. Children are often scared to tell anyone about
the abuse. Many cases of abuse are not reported at all.
Taboo around Discussing Sex and Sexuality: In India, there is reluctance and cultural
shying from discussing matters related to sex and sexuality, particularly with children.
Adults find it difficult and embarrassing to talk about the subject with children because
often they themselves have not received and have no idea how to have ‘the talk’.
In the absence of teaching and appropriate knowledge, ignorance and myths around
sexuality pervade, thus leaving children, especially adolescents, uninformed and at risk.
The taboos lead to a culture of shame and silence around any issue related to sexuality,
including child sexual abuse, which is shrouded in silence and often goes unreported.

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Tolerance to Gender‐Based Violence: There has always been ignorance and at times
certain level of acceptance and tolerance to gender based violence against women and
children in India. We assume that certain things are bound to happen and will happen to
women and children if they cross the “line of morality” put forth by our patriarchal
society. Representation of women in popular media and the stereotypes perpetrated by
popular films play a role in desensitizing our population towards gender‐based violence
against women and young girls.
Culture that Believes and Values Adults Over Children: Children are viewed as not
yet fully developed citizens. Their values and voices are mostly absent in public
discourses on issues that directly have an implication on them. They are taught to
‘respect’ the absolute authority of adults without even the slightest critical engagement.
Their opinion may be regarded as ‘disrespectful.’
Thus, a child who is a victim of sexual abuse is often never believes that an adult could
do this to him/her. Often parents and community consider it the ‘child’s fault’ if sexual
abuse happens.
2. Gender-Neutral: The POCSO Act is gender-neutral, meaning that the law applies to
both male and female children. The Act defines a child as any person below the age of
18 years and provides for stringent punishments for the perpetrators of sexual offenses
against children. The language of the Act is deliberately neutral, avoiding gender-
specific terms. For example, it uses terms like "person" instead of "he" or "she" when
referring to the victim or the perpetrator. This inclusiveness ensures that the law applies
to all children.
3. Mandatory Reporting: It mandates the reporting of sexual offenses. Any person who
fails to report the commission of an offense or apprehended offense is punishable under
the law. The Protection of Children from Sexual Offences (POCSO) Act, 2012, includes
a crucial provision for mandatory reporting of sexual offenses against children. This
provision is designed to ensure that cases of child sexual abuse are reported promptly,
thereby allowing for immediate intervention and protection of the victim.
Key Aspects of Mandatory Reporting:
a. Obligation to Report (Section 19) outlines the mandatory reporting
obligations for any person (including parents, guardians, teachers,

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POCSO Act 2012 Dr. Nicholas Correa

neighbours, medical professionals, etc.) who has knowledge of an
offense or suspects that a sexual offense has been committed against a
child must report it to the Special Juvenile Police Unit (SJPU) or the
local police.
b. Confidentiality of the Child’s Identity (Section 23): The Act
mandates that the identity of the child victim must not be disclosed to
protect their privacy. This includes restrictions on revealing the child’s
name, address, school, photograph, or any other details that could lead to
the identification of the child.
c. Protection for the Person Reporting (Section 19): The Act provides
protection for those who report offenses in good faith. This means that
the person reporting the offense cannot be held liable in civil or criminal
proceedings, even if the information later turns out to be incorrect, as
long as it was reported in good faith.
This provision is aimed at encouraging people to report without fear of
legal consequences if their suspicions are ultimately unfounded.
d. Mandatory Reporting by Doctors and Hospitals: Medical
professionals who treat a child suspected to be a victim of sexual abuse
are required to inform the police. The Act mandates that such cases must
be reported immediately, ensuring that medical evidence is preserved,
and that the child receives timely legal and psychological support.
e. Punishment for Failure to Report (Section 21): For General Public:
Failure to report a known or suspected offense can result in
imprisonment of up to 6 months, a fine, or both. For Public Servants and
Police Officers: A more stringent penalty applies, with imprisonment of
up to 1 year or a fine, or both, for those who fail in their duty to report an
offense.
4. Child-Friendly Procedures: The Act provides for child-friendly procedures for
reporting, recording of evidence, investigation, and trial of offenses. It ensures that the
dignity and privacy of the child are maintained throughout the legal process.
Key Child-Friendly Procedures under POCSO
a. Recording the Statement of the Child (Section 24):
Comfortable Environment: The child’s statement must be recorded at

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their residence or a place where they feel comfortable, not at the police
station.
Presence of a Trusted Adult: The statement should be recorded in the
presence of the child’s parents, guardian, or any other person in whom
the child has trust or confidence.
Gender-Sensitive Approach: As far as possible, the statement should
be recorded by a woman police officer who is not in uniform, to reduce
the child’s fear and discomfort.
b. Medical Examination of the Child (Section 27):
Immediate Medical Attention: If the child needs medical attention, it
must be provided immediately, and the examination should be conducted
in a manner that causes the least distress to the child.
Presence of a Support Person: During the medical examination, the
child’s parent or another person the child trusts should be present to
offer comfort.
Gender of the Medical Practitioner: The medical examination of a girl
child should be conducted by a woman doctor as far as possible.
c. Child-Friendly Investigation (Section 26):
Use of Audio-Video Recording: The child’s statement during the
investigation can be recorded using audio-video means to avoid repeated
questioning and to preserve the accuracy of the child’s testimony.
No Repeated Summons: The child should not be repeatedly called to
the police station for questioning, minimizing their exposure to the
formal and potentially intimidating environment of the police station.
d. Court Procedures (Section 33):
In-Camera Trial: The trial of cases under POCSO is conducted in-
camera, meaning that it is closed to the public and media, to protect the
child’s privacy and ensure a non-threatening atmosphere.
Avoiding Exposure to the Accused: The child should not be exposed to
the accused during the trial. The court may allow the child to testify
through video conferencing or behind a screen, ensuring they do not
come face-to-face with the accused.
Child-Friendly Language: The court must ensure that questions are put
to the child in a manner that is understandable to them, avoiding
complex legal jargon or intimidating language.

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No Aggressive Questioning: The child cannot be asked aggressive or
invasive questions during cross-examination. The dignity and mental
state of the child must be respected throughout the process.
e. Support for the Child (Section 39):
Counselling and Support Services: The Act mandates that the child
receive appropriate counselling and support services throughout the legal
process, provided by the state or recognized voluntary organizations.
Appointment of a Support Person: The Child Welfare Committee
(CWC) can appoint a support person to assist the child during the
investigation and trial, ensuring the child’s needs are met and that they
are supported emotionally and psychologically.
f. Speedy Trial (Section 35):
Time-Bound Investigation and Trial: The Act requires that the police
complete the investigation within three months from the date the
information is recorded. The trial should also be completed as
expeditiously as possible, preferably within a year from the date the
offense is reported.
Priority Handling of POCSO Cases: Courts are required to give
priority to cases under the POCSO Act, ensuring that the child does not
have to endure prolonged legal proceedings.
5. Special Courts: The Act mandates the establishment of Special Courts for the trial of
offenses under the Act to ensure speedy justice.
6. Punishments: The Act prescribes stringent punishments for various offenses, including
life imprisonment and fines. The severity of punishment depends on the nature of the
crime.
Child Sexual Offences under POCSO Act, 2012 & Punishment thereof
SN Offence Punishment
1 Penetrative Sexual Assault (Section 3)
Definition: Involves penetration of the child’s
body by a sexual organ, any object, or any part
of the body, or forcing the child to penetrate.

Punishment (Section 4):
Imprisonment of not less than 10
years, which may extend to life
imprisonment.

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Fine, which shall be just and
reasonable to meet the medical
expenses and rehabilitation of the
child.
SN Offence Punishment
2 Aggravated Penetrative Sexual Assault
(Section 5)
Definition: Penetrative sexual assault under
aggravated circumstances, such as when the
offender is a relative, teacher, police officer, or
in a position of trust or authority, or when the
assault causes grievous harm or injury.

Punishment (Section 6):
Imprisonment for not less than 20
years, which may extend to life
imprisonment or even the death
penalty.
Fine, which shall be fair and
sufficient to meet the medical
expenses and rehabilitation of the
child.
SN Offence Punishment
3 Sexual Assault (Section 7)
Definition: Involves touching the child with
sexual intent, without penetration.

Punishment (Section 8):
Imprisonment of not less than 3
years, which may extend to 5 years.
Fine.
SN Offence Punishment
4 Aggravated Sexual Assault (Section 9)
Definition: Sexual assault under aggravated
circumstances, such as when the offender is in a
position of trust or authority, or if the child is
mentally or physically disabled.
Punishment (Section 10):
Imprisonment of not less than 5
years, which may extend to 7 years.
Fine.
SN Offence Punishment
5 Sexual Harassment of a Child (Section 11)
Definition: Involves actions such as showing a
child pornography, making sexual advances, or
Punishment (Section 12):
Imprisonment of up to 3 years.
Fine.

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using any kind of verbal or non-verbal
communication with sexual intent.
SN Offence Punishment
6 Using a Child for Pornographic Purposes
(Section 13)
Definition: Involves using a child in any form
of media for the purpose of creating sexually
explicit content.
Punishment (Section 14):
Imprisonment of up to 5 years
and fine on first conviction.
Imprisonment of up to 7 years and
fine on subsequent conviction.
Punishment for storage of
pornographic material involving
child: Section 15:
Imprisonment for the same duration
as for the offense under Sections 4, 6,
8, or 10, with the addition of
imprisonment for 1 year and a fine.
SN Offence Punishment
7 Abetment of an Offense (Section 16)
Definition: Encouraging, aiding, or attempting
to commit an offense under POCSO.
Punishment (Section 17):
The same as that prescribed for the
actual offense.
SN Offence Punishment
8 Reporting of Offences (Section 19) &
(Section 20)
Definition: Failure of any person, including
public servants, to report an offense under
POCSO.
Punishment for failure to Report
Section 21:
For ordinary citizens: Imprisonment
of up to 6 months or fine or both.
Incharge of Companies or institutions
For public servants or police officers:
Imprisonment of up to 1 year or fine
or both.
SN Offence Punishment
9 False Complaints Against Any Person
(Section 22(1)): Provision: If a person makes a
Punishment: Section 22 (1)

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false complaint or provides false information
against another person, with the intention to
deceive, the person making the false complaint
Imprisonment: The person can be
punished with imprisonment for up to
6 months.
Fine: The person may also be liable
to pay a fine, or both imprisonment
and fine can be imposed.
SN Offence Punishment
10 False Complaints by a Child (Section 22(2)):
Provision: If a false complaint is made by a
child, the Act specifically provides that no
punishment shall be imposed on the child.

Rationale: This provision is included
to protect children, who may
sometimes make false statements
under duress, influence, or
misunderstanding. The law
recognizes the need to safeguard
children from further harm, even if
they have made an incorrect or false
allegation.
SN Offence Punishment
11 Non-Disclosure of Identity (Section 23(2)):
The identity of the child victim, including their
name, address, photograph, family details,
school, or any other information that could lead
to their identification, must not be disclosed at
any stage of the investigation or trial.
This prohibition extends to the media, lawyers,
police, and anyone involved in the case.
Media Restrictions (Section 23(1)) & (3): The
media is explicitly prohibited from publishing
or broadcasting any information or photograph
that could reveal the identity of the child.
Punishment Section 23(4):
Any violation of this provision by the
media can result in legal
consequences, including
imprisonment for up to one year or a
fine, or both.

Description:
SN Description

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1 Presumption of Guilt (Section 29 and 30)
Presumption: The court presumes that the accused is guilty of the offense
unless proven otherwise. The burden of proof is on the accused to show that
they did not commit the offense.

7. Protection of Identity: The Protection of Children from Sexual Offences (POCSO)
Act, 2012, places a strong emphasis on the protection of the identity of child victims.
This is crucial to ensure the dignity, privacy, and safety of the child, preventing
additional trauma that could arise from public exposure. The identity of the child
victim is protected under the law, and disclosure of the identity is an offense.
8. Care and Protection: The Act provides for the care and protection of child victims,
including their medical examination, counselling, and rehabilitation.
Key Provisions for Care and Protection of Child Victims under POCSO:
a. Immediate Medical Assistance (Section 19(5)): Upon receiving a
report of a sexual offense against a child, the Special Juvenile Police
Unit (SJPU) or the local police must make immediate arrangements for
the care and protection of the child. This includes taking the child
to a hospital for a medical examination or treatment, if necessary, and
ensuring the child receives immediate medical care.
b. Support Person (Section 19(6)): The Child Welfare Committee (CWC)
can appoint a support person for the child. This person is responsible for
providing emotional support, guiding the child through the legal process,
and ensuring their needs are met during the investigation and trial.
The support person helps the child navigate the complexities of the legal
system, acting as a bridge between the child and various authorities.
c. Counselling and Rehabilitation (Section 40): The Act mandates that
child victims are provided with appropriate counselling services. These
services are aimed at helping the child recover from the trauma of the
offense and reintegrate into society. Rehabilitation
measures, including access to education, safe housing, and other
necessary support, are also included to help the child rebuild their life
after the incident.

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d. Sensitive Handling of the Child’s Statement (Section 24): The
statement of the child victim must be recorded in a manner that is
sensitive to the child’s emotional state. This includes recording the
statement at a place where the child feels safe, such as their home, and in
the presence of a trusted adult. The
statement should be recorded by a police officer who is not in uniform
and, if possible, by a woman officer, to make the child feel more at ease.
e. In-Camera Trials (Section 37): The Act requires that trials involving
child victims be conducted in-camera, meaning they are closed to the
public. This is to ensure the child's privacy and prevent additional
trauma from public exposure. Only those directly
involved in the case, such as the child, their family, legal representatives,
and the judge, are allowed to be present during the trial.
f. Avoiding Repeated Interviews (Section 26): The Act mandates that the
child should not be repeatedly called for interviews or questioning,
which can be distressing and re-traumatizing. The
use of audio-video recordings of the child’s statement during the
investigation is encouraged to avoid the need for repeated questioning.
g. Medical Examination (Section 27):The medical examination of the
child victim must be conducted in the presence of a parent or a person
the child trusts, to provide emotional support during the process.
If the victim is a girl, the examination should be conducted by a female
doctor whenever possible.
h. Free Legal Aid (Section 40): The Act provides for free legal aid to child
victims, ensuring they have access to legal representation without any
financial burden on their families.
The National Legal Services Authority (NALSA) or the respective State
Legal Services Authorities are responsible for providing legal aid to the
child.
i. Confidentiality (Section 23 and 33): The identity of the child must be
kept confidential throughout the legal proceedings. This includes not
disclosing the child’s name, address, photograph, or any other
information that could reveal their identity.
This provision ensures that the child is protected from public scrutiny
and possible social stigma.

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The POCSO Act has been a crucial legal framework in India to safeguard children from sexual
offenses, ensuring that perpetrators are brought to justice while protecting the rights and well-
being of the victims.
Education plays a vital role in transforming a society by making its children more aware, open
minded and independent. Schools and other Institutions that provide education, have been
playing a meaningful role in creating a nurturing environment for children where they can learn
their core values and define their initial behaviours.
On the flip side, however, educational institutions are also targeted as breeding grounds for
sexual abuse and without the right preventive mechanisms, can be the unwitting accomplices to
the perpetuation of Child Sexual Abuse. Educational institutions can also help in preventing the
creation of future abusive behaviour in children by inculcating in them the right attitudes and
ensuring they have access to the correct information, particularly around gender, health and
myths that shroud abuse.
India has a wide range of laws to protect children and child protection is increasingly accepted
as a core component of social development. The challenge is in implementing the laws due to
inadequate human resource capacity on the ground and quality prevention and rehabilitation
services. As a result, millions of children are prone to violence, abuse and exploitation.

Summary:
1. POCSO Act 2012 is the first comprehensive law in India dealing specifically with the
sexual abuse of children.
2. The Act was designed to protect children aged less than 18 from sexual assault, sexual
harassment and pornography offences and provide for the establishment of Special
Courts for the trial of such offences and related matters and incidents.
3. The POCSO Act establishes a gender-neutral tone for the legal framework available to
child sexual abuse victims by defining a child as “any person” under the age of 18.
4. It defines various types of sexual abuse, such as penetrative assault, non-penetrative
assault, sexual harassment and pornography.
5. It considers a sexual assault to be aggravated in certain circumstances, such as when the
abused child is mentally ill or when the abuse is committed by someone in a position of
trust or authority over the child, such as a family member, etc.

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POCSO Act 2012 Dr. Nicholas Correa

6. People who traffic children for sexual purposes are also punishable under the provisions
relating to abetment in the Act.
7. The attempt to commit an offence under the Act has been made liable for punishment for
upto half the punishment prescribed for the commission of the offence.
8. No time limit for reporting abuse: A victim can report an offence at any time, even a
number of years after the abuse has been committed.
9. The Act also makes it the legal duty of a person aware of the offence to report sexual
abuse. In case s/he fails to do so, the person can be punished with six months
imprisonment or a fine.
10. The Act incorporates child-friendly procedures for reporting, recording of evidence,
investigation and trial of offences. These include:
 Recording the statement of the child at the residence of the child or at the place of his
choice, preferably by a woman police officer not below the rank of sub-inspector.
 No child is to be detained in the police station at night for any reason.
 Police officers to not be in uniform while recording the statement of the child.
 The statement of the child is to be recorded as spoken by the child.
 Medical examination of the child is to be conducted in the presence of the parent of
the child or any other person in whom the child has trust or confidence.
 No aggressive questioning or character assassination of the child in-camera trial of
cases.
 The Act specifically laid down that the child victim should not see the accused at the
time of testifying and that the trial be held in camera.
 It also required that the Special Court complete the trial, as far as possible, within a
period of one year from the date of cognisance.
11. The Act was amended for the first time in 2019 to enhance the punishments for specific
offences in order to deter abusers and ensure a dignified childhood.
12. This amendment enhanced the punishment to include the death penalty for aggravated
penetrative sexual assault of the child.
13. It also provides for levy of fines and imprisonment of up to 20 years to curb child
pornography.