POCSO ACT (Protection Of Children From Sexual Offences Act), 2012 was introduced to provide a legal framework for the protection of children from offences like sexual assault and harassment and child pornography. All while safeguarding the interest of children in all stages of the judicial process right from reporting the crime to availing justice. The Act is devised as to put children first by making the procedures easy and child-friendly. This includes mechanisms for child-friendly reporting in stations, recording of statement and evidence, speedy investigation and trial of the offences through Special Courts.
The Act was amended last in 2019, to enhance the provisions of punishments to deter the malefactor (perpetrator), ensure safety, security and dignity of the child.
The act recognizes forms of sexual assaults (penetrative, non-penetrative and aggravated in certain cases) and also criminalises acts of immodesty against children.
Offences related to sexual assault are defined and explained in the Chapter II of the act; and it includes :
• PENETRATIVE SEXUAL ASSAULT (Section 3) -
A person is said to commit "penetrative sexual assault" if he penetrates his penis/any other part of his body(hands or mouth)/any object/manipulates any part of the body of the child to cause penetration, into vagina, urethra, mouth or anus of a child or makes the child to do so with him or any other person.
PUNISHMENT FOR PENETRATIVE SEXUAL ASSAULT (Section 4) -
Imprisonment for term not less than 10 years, which may extend to life imprisonment, and fine.
In case the child is below 16 years of age then the perpetrator shall be punished with imprisonment for a term not less than 20 years, which may extend to imprisonment for the remainder of natural life and fine.
The fine imposed must be just and reasonable and paid to the victim for the medical expenses and rehabilitation.
• AGGRAVATED PENETRATIVE SEXUAL ASSAULT (Section 5) -
A police officer/a member of the armed forces or security forces/a public servant/management or staff of a jail, remand/protection/observation home, or any other place of custody or care and protection established by or under law, management or staff of a hospital/educational institution/religious institution; within or outside of the premises at which he is appointed or deployed; in the course of duties or otherwise commits penetrative sexual assault on a child or commits gang penetrative sexual assault on a child; or commits penetrative sexual assault on a child using deadly weapon/heated substance/corrosive substance; or commits penetrative sexual assault causing grievous hurt/causing bodily harm and injury or injury to the sexual organs of the child; or commits penetrative sexual assault on a child, which physically incapacitates the child/causes the child to become mentally ill/causes impairment of any kind; in the case of female child, makes the girl child pregnant as a result of sexual assault; or inflicts the child with HIV or any other life threatening disease or Infection; or causes death of the child; or taking advantage of a child's mental/physical disability and commits penetrative sexual assault on the child; or commits penetrative sexual assault on the child more than once or repeatedly; or commits penetrative sexual assault on a child below 12 years of age; or relative of the child through blood/adoption/marriage/guardianship/foster care/domestic relationship with a parent of the child/living in the same/shared household with the child, commits penetrative sexual assault on such child; or commits penetrative sexual assault and attempts to murder the child; or commits penetrative sexual assault and who has been previously convicted of having committed any offence under this Act or any sexual offence punishable under other law; or commits penetrative sexual assault and makes the child to strip/parade naked in public, is said to commit aggravated penetrative sexual assault.
PUNISHMENT FOR AGGRAVATED PENETRATIVE SEXUAL ASSAULT (Section 6) -
Imprisonment for a term not less than 20 years, fine(for the medical expenses and rehabilitation of the victim), or death.
• SEXUAL ASSAULT (Section 7) -
A person is said to commit sexual assault who, with sexual intent touches the vagina, penis, anus or breast of the child/makes the child touch the vagina, penis, anus or breast of such or any other person/does any other act with sexual intent which involves physical contact without penetration.
PUNISHMENT FOR SEXUAL ASSAULT (Section 8) -
Imprisonment for a term not less than 3 years which may extend to 5 years, and fine.
• AGGRAVATED SEXUAL ASSAULT (Section 9) -
A police officer/a member of the armed forces or security forces/public servant/management or on the staff of a jail, or remand/protection/observation home or any other place of custody or care and protection established by or under law, management or staff of a hospital/educational institution/religious institution; within or outside of the premises at which he is appointed or deployed; in the course of duties or otherwise commits non-penetrative sexual assault on a child or commits gang sexual assault on a child; or commits sexual assault on a child using deadly weapon/heated substance/corrosive substance; or commits sexual assault causing grievous hurt/causing bodily harm and injury to the child; or commits sexual assault on a child, which physically incapacitates the child/causes the child to become mentally ill/causes impairment of any kind; or inflicts the child with HIV or any other life threatening disease or Infection; or causes death of the child; or taking advantage of a child's mental/physical disability and commits sexual assault on the child; or commits sexual assault on the child more than once or repeatedly; or commits sexual assault on a child below 12 years of age; or relative of the child through blood/adoption/marriage/guardianship/foster care/domestic relationship with a parent of the child/living in the same/shared household with the child, commits sexual assault on such child; or commits sexual assault and attempts to murder the child; or commits sexual assault and who has been previously convicted of having committed any offence under this Act or any sexual offence punishable under other law; or commits sexual assault and makes the child to strip/parade naked in public, is said to commit aggravated sexual assault; or persuades, induces or coerces a child to get administered/administers any drug/hormone/any chemical substance, to a child with the intent that the child attains early sexual maturity, is said to commit aggravated sexual assault on a child.
PUNISHMENT FOR AGGRAVATED SEXUAL ASSAULT (Section 10) -
Imprisonment for a term not less than five years which may extend to seven years, and fine.
• SEXUAL HARASSMENT (Section 11) -
A person is said to commit sexual harassment upon a child when such person utters any word/makes any sound/makes any gesture/exhibits any object or part of body with sexual intention; or makes a child exhibit his body/ any part of his body; or shows any object/any form media for pornographic purposes; or repeatedly follows/watches/contacts a child either directly or digital or any other means; or
threatens to use, in any form of media, a real or fabricated depiction of any part of the body of the child/the involvement of the child in a sexual act; or entices a child for pornographic purposes.
PUNISHMENT FOR SEXUAL HARASSMENT (Section 12) -
Imprisonment for a term which may extend to three years and fine.
Apart from the above mentioned offences the Act criminalises watching or collection of pornographic content involving children (Section 13) and also makes abetment of child sexual abuse an offence (Section 16).
The act is gender-neutral for both victim and the accused. The POCSO Act is only applicable to child survivors and adult offenders. In case two minors have a sexual relations, or in case a minor inflicts a sexual offence on an adult, the Juvenile Justice (Care and Protection of Children) Act, comes into play.
The act aims to effectively address heinous crimes like sexual abuse and exploitation of children by way of less ambiguous and stringent provisions and punishments.
The Act is gender oriented but rather gender neutral and provides paramount importance to best interests and welfare of children. And strives to ensure overall physical, emotional, intellectual and social development and empowerment of children.