- Mansi Tiwari
- Shri Vaishnav Vidyapeeth Vishwavidyalaya
Abstract-
The Protection of Children from Sexual Offences Act, 2012 (POCSO) passed by the Parliament of India for taking stringent measures against the sexual offence against the children. There were many incidences occurred when the society, law makers, administrators and each and every person were made to think about the safety of the children from such heinous offences and hence the POCSO act was made to serve against these types of offences.
The POCSO act was passed in the year of 2012, deals with sexual offences against children and it does not only provide punishments but it also provides the framework and support system for the victims. The POCSO act is a child neutral act, which means ‘child’ of any gender whether male or female under 18 years of age and the act is also offender neutral which means it also applies to the both male females. The POCSO act divides the offences against children in 3 categories:
1. Sexual Assault
2. Sexual Harassment
3.Using Child for Pornography
Sexual Assault
Sexual Assault means touching the private parts of a child with sexual intent or making the child to touch the private parts of the person or another person with sexual intent. The punishment for committing sexual assault on a child is minimum 3 years which can be extend to 5 years imprisonment as well as fine.
Sexual Harassment
A person is said to commit sexual harassment when, the person with the sexual intention:
1. Utters any word to be heard by the child
2. Make any gestures or any part of the body to be seen by the child
3. Makes the child exhibits his or her body
4. Shows anything for pornographic purpose
5. Continuously follows or tries to contact with the child
6. Threatens the child for using media foe any fake or real depiction of the child in a sexual act
7. Entices the child for pornographic purpose
The punishment for sexual harassment of a child is imprisonment for up to 3 years as well as with fine.
Using Child for Pornography
Using a child in any form of media for the purpose of sexual gratification is said to commit the offence of using child for pornography. The sexual gratification includes;
1. Showing any sexual parts of the child
2. Using child in any real or stimulated act with or without penetration
3. Showing a child in any vulgar way
Th punishment for committing using a child for pornography is imprisonment for up to 5 years as well as with fine and the imprisonment can extend to 7years.
Conclusion
In conclusion, the Protection of Children from Sexual Offences (POCSO) Act is a crucial legislation that aims to safeguard the rights and well-being of children in India. By providing a comprehensive legal framework to address sexual offenses against minors, the Act plays a vital role in ensuring justice for victims, holding perpetrators accountable, and creating a safer environment for children. It is imperative for all stakeholders, including law enforcement agencies, judiciary, and society at large, to work together to effectively implement the provisions of the POCSO Act and protect the most vulnerable members of our society.
