PROTECTION OF CHILDREN FROM SEXUAL OFFENCES (POCSO.pptx

Power Point Presentation on Protection of Children from Sexual Offences, 2012.
A new Act which came into force from 14.11.2012 by way of a separate notification.
It helps to provide protection to children below 18 years of age.
Under the Act Special Courts has been established which helps to solve the problem and deliver justice. Under this offences has been categorized in various ways.

1. PROTECTION OF CHILDREN FROM SEXUAL OFFENCES (POCSO) ACT, 2012

2. CONTENTS INTRODUCTION SAILENT FEATURES OF THE ACT NEED OF SPECIAL LAW OFFENCES PORNOGRAPHY REPORTING PRODUCTION OF CHILD BEFORE CWC CHILD FRIENDLY PROCEDURE MEDICAL EXAMINATION FALSE CASE Constitution of special courts MONITORING AND AWARENESS TRIAL OF CASES

3. Ministry of Women and Child Development introduced POCSO, 2012 Brought into force from 14.11.2012 by way of a separate notification in terms of section 1(3). 46 provisions in act and 7 Rules. Gender-Neutral act, means a victim could be a boy or a girl. Child under POCSO Act is defined as any person below the age of 18 years as child. The offender could be too male or female. POCSO Act has been amended through Criminal Law Amendment Act, 2013 in February 2013. Reporting is mandatory under Act. 2023 POCSO ACT (2012) 3 Introduction

4. 2023 POCSO ACT(2012) 4 Salient Features of the Act The act is gender-neutral and regards the best interests and welfare of the child as a matter of paramount importance at every stage as to ensure the healthy, physical and emotional development of the child. The Act provides the establishment of special courts for the trial of such offences and matters related to it. Different forms of sexual abuse including but not limited to sexual harassment, pornography, penetrative & non-penetrative assault are defined in Section 2 of the Act. It is important to produce a child before Child Welfare Committee. Mandatory Reporting, Punishment for False Reporting and Active Assistance of Police at every stage.

5. Need of Special Law 2023 POCSO ACT (2012) 5 The Protection of Children from Sexual Offences Act, 2012 (POCSO) has been drafted to strengthen the legal provisions for the protection of children from sexual abuse and exploitation. Sexual offences are currently covered under various sections of Indian Penal Code. The Indian Penal Code does not provide all type of sexual offences against children and more importantly it does not able to differentiate between an adult victim and a child victim. Recognizing the trauma that child victims may face during legal proceedings, the POCSO Act emphasizes child-friendly procedures to make the legal process more supportive and less intimidating for children.

6. OFFENCES 2023 POCSO ACT(2012) 6 There are Three Broad Categories of sexual offences which are punishable under the Act:- SEXUAL ASSAULT- a) Penetrative Sexual Assault ( Sec 3&4) b) Aggravated Penetrative Sexual Assault ( Sec 5&6) SEXUAL HARRASMENT ( Sec 11&12) USING CHILD FOR PORNOGRAPHY

7. 2023 POCSO ACT(2012) 7 1)Sexual Assault Touching the private parts of a child with sexual intent is a sexual assault. If a person with the sexual intent make child touch the private parts of another person is also considered as sexual assault. Sexual assault does not include penetration. Penetration is where an object or a part of a body is inserted into child. It is even more serious offence in POCSO Act. Punishment for sexual assault:- Minimum 5 years imprisonment, which can extend to 7 years of imprisonment as well as payment of fine.

8. PENETRATIVE SEXUAL ASSAULT -Penetrating his penis to any extent into the vagina, mouth, anus or urethra of a child. Or makes the child do so with him or any other person . OR, -Penetrating any object or any part of the body into the vagina, mouth, anus or urethra of a child. Punishment - Minimum 10 years imprisonment extend to life imprisonment & fine. AGGRAVATED PENETRATIVE SEXUAL ASSAULT Assault committed by a Police Office, a public servant, or any staff of a hospital amounts to APSA. Punishment - Minimum 20 years of imprisonment, which can extend to life imprisonment & fine. 2023 POCSO ACT(2012) 8 Types of Sexual Assault:-

9. 2)Sexual Harassment 2023 POCSO ACT(2012) 9 A person is said to commit sexual harassment upon a child when such person with sexual intent: Utters any word or makes any sound so as to be heard by the child. Makes any gesture or exhibits any object or part of body so as to be seen by the child. Makes the child exhibit his or her body. Entices the child for pornographic purposes. Shows anything to the child for pornographic purpose. Punishment - Imprisonment up to 3 years, as well as payment of fine.

10. 3)Using child for pornography Using child in any form of media ( e.g. television channels, internet, etc. ) for the purpose of sexual gratification amounts to the offence of using a child for pornography. Sexual gratification involves: - Showing the sexual organs to the child. Using a child in real or simulated sexual acts with or without penetrative sexual assault. Showing a child in an indecent or obscene way. It does not matter whether this is done for personal use or for public consumption. Punishment - 1) Imprisonment up to 5 years, as well as fine. If the offence is repeated, the term of imprisonment can be increased to 7 years. 2) Storing for commercial purposes- First conviction- Min. 3 years imprisonment max 5. Subsequent conviction- 5 years minimum imprisonment, which extends up to 7 years. 2023 POCSO ACT (2012) 10

11. Reporting The Act provides mandatory reporting of sexual offences under section 19. Any person can report an offence under POCSO. An offence can be reported any time before, after or if there is even fear that such a crime may occur. Police officer is also legally bound to report such case and start investigation as soon as possible. If any person fails to record or report such information then he/she may be punished with 6 months imprisonment or a fine. Media not to disclose the identity of the child without the permission of supreme court. 2023 POCSO ACT (2012) 11

12. 2023 POCSO ACT (2012) 12 Production of child before CWC When an offence has been committed or attempted or is likely to be committed by a person living in the same or shared household with the child, or the child is living in a child care institution and is without parental support, or the child is found to be without any home and parental support, the local police shall produce the child before CHILD WELFARE COMMITTEE with in 24 hours of receipt of such report, together with reasons in writing as to whether the child is in need of care and protection and with a request for a detailed assessment by the CWC.

13. -Section 24 of the Act talks about child friendly procedure. -Recording of statement at his/her own residence or place of child’s choice. -Recording by officer not below the Rank of Sub-inspector. -Police officer not to be in uniform. -Child not come in contact with the accused. -Child not to be detained in police custody for night. -Protect Child’s identity- including school/residence etc. 2023 POCSO ACT (2012) 13 Child friendly procedure

14. Medical Examination Section 27 Child victim shall be examined by registered medical practitioner according to section 164-A of IPC. In case of a girl victim examination shall be done by female practitioner only. Medical examination should be done in front of parents only. In case parent of a child could not present then medical examination should be conducted in the presence of a women nominated by the head of medical institution . There should be appointment support person to child victims of an offence by the child welfare committee. The report shall state precisely the reasons for each conclusion. The registered medical practitioner shall, without delay forward the report to the investigating officer who shall forward it to Magistrate referred to in section 173. 2023 POCSO ACT (2012) 14

15. 2023 POCSO ACT (2012) 15 Any person who makes a false complaint or gives a false information regarding an offence under POCSO, can be imprisoned for up to 6 months and /or be made to pay fine. If such false complaint or false information is given against a child, the punishment can go up to 1 year of imprisonment If a false complaint or false information is provided by a child, the child cannot be punished under the law. False case

16. 2023 POCSO ACT (2012) 16 Constitution of Special Courts A Court of Session in each District to be designated as Special Court for speedy trail (Section 28). State Government to appoint a Special Public Prosecutor for every Special Court (Section 32). Take cognizance without committal. Evidence of a child should be recorded within a period of 30 days. The court is to complete a trial within a period of one year, as far as possible. Cross examination or re-examination of the child through Special Court. The power of Special Courts is that child not to be called repeatedly to testify.

17. Monitoring and Awareness Section 43 and Section 44 of the act talks about the monitoring and awareness. The National Commission for the Protection of Child Rights (NCPCR) and The State Commission for the Protection of Child Rights (SCPCR) have been made the designated authority to monitor the implementation of Act. Onus on Centre and State to spread awareness on the provisions of the act. Onus on Centre and State to provide training to their officers and other concerned persons. 2023 POCSO ACT (2012) 17

18. Trial of cases -For speedy justice and to avoid the re-victimization of the child, cases are to be tried in Special Courts with special Public Prosecutors. The trial must be held in camera. -If a penetrative sexual assault, aggressive penetrative sexual assault, sexual assault pr aggressive sexual assault is evident, The Court will presume that the accused is guilty. The accused need to prove innocence. -Cases under POCSO must be disposed of within one year from the date of the offence is reported. -Apart from punishment of the perpetrator, the Special Court can also give directions for payment of compensation to the child. 2023 POCSO ACT (2012) 18

19. THANKYOU BY-SHUBHI SINGLA 2023 POCSO ACT (2012) 19