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

PATEL DEVANSH
17LL4(a)

INDIA

ADOPTED ON : 19th JUNE

2012

for protection of children from offences of sexual assault, sexual

harassment and pornography, while safeguarding the interest of child at every stage of judicial process. 

put children first by making it easy to use by

including mechanisms for child-friendly reporting, recording of evidence, investigation and speedy trial of offences through designated Special Courts.

forms of penetration other than penile-vaginal penetration and criminalises acts of

immodesty against children too.
Includes:
Penetrative Sexual Assault: Insertion of penis/object/another body part in child's vagina/urethra/anus/mouth, or asking the child to do so with them or some other person.

child, or makes the child touch them or someone else.
Sexual

Harassment: passing sexually coloured remark, sexual gesture/noise, repeatedly following, flashing, etc.
Child Pornography.
Aggravated Penetrative Sexual Assault/ Aggravated Sexual Assault.

of trial in India considerably easier for children.
Been criticised

as its provisions seem to criminalise consensual sexual intercourse between two people below the age of 18.
The 2001 version of Bill did not punish consensual sexual activity if one or both partners were above 16 years.

need of care and protection" under Juvenile Justice Act, 2015.
 Police

officer should inform CWC about every case within 24 hours.
Can appoint support person for child who will be responsible for psycho-social well-being of child, also liaise with police, and keep child and child's family informed about progress in case.

should be reported.
If person who has information of any

abuse fails to report, may face imprisonment up to six months or fined or both.
There may be many survivors who do not want to go through trauma of criminal justice system, but this provision does not differentiate.

implementation of Act was conducted and released in May 2018.

It surveyed 17 districts and 147 stakeholders, including police, hospitals, child welfare committees, special public prosecutors, Juvenile Justice Boards and community-based organisations.
Of these, an important stakeholder was police force, responsible for executing the Act. 

them, when asked if there was increase in reporting of

cases of sexual offences against children, said there was a definite rise.
Among reasons given for rise by respondents: increased social awareness on issue, disputed love relationships involving children between 16 and 18 especially in instances where girl’s parents are not in favour of matter, several actions were not considered offences under any law were now counted as offences.

Minister of State for Women and Child Development to Rajya

Sabha in February 2018, a total of 1,04,976 cases were registered from 2014-2016.
Total number of cases registered in 2014 were 34,449, which saw an increase to 34,505 in 2015 and 36,022 in 2016.

below eighteen years of age, and regards best interests and

welfare of child as matter of paramount importance at every stage, to ensure healthy physical, emotional, intellectual and social development of child.
The act is gender neutral.