Author: Shravanee, Dr. D. Y. Patil College of Law, Navi Mumbai
To the point
As we all know crime rates and sexual offences has increased in the country and it covers every age group but the most cruel is when it happens to Children. Up until 2012, there was no law that specifically addressed crimes against minors, especially those involving sexual conduct, and the number of crimes against children is rising dramatically each year. The Protection of Children from Sexual Offences Act in short named as POCSO Act was an initiative taken by the Legislation in June 2012 that aims at protecting children from all types of sexual abuse. When a child (male or female) under the age of 18 is the victim of an attempt at sexual assault, an offense, or harassment, then such case is filed under the POCSO Act of 2012. This law protects children from sexual assault, sexual harassment, and the use of pornographic material to perpetrate sexual offenses against them. Special courts have been created to deal with certain offenses. On August 6, 2019, this Act was amended, and on August 16, 2019 it came into effect.
Use of Legal Jargon
The Protection of Children from Sexual Offences Act explains certain Legal terms which defines or address child sexual abuse. These are the following terms explain in the POCSO Act:
- “Child pornography” states any visual illustration of sexually explicit conduct involving a child which include photograph, video, digital or computer generated image.
- “Domestic Violence” states that a relationship between persons who live or lived together in a same house, when they are related by blood relation, marriage, or through a relationship in the nature of marriage, adoption or relates as family members living together as a joint family.
- “Sexual Assault” involves any act of physical contact with the child’s private parts, or making the child touch the private parts of another person, with sexual intent.
- “Sexual Harassment” means when the person utters words with sexual intent, exhibiting body parts for sexual purposes, or using children for pornography, as well as stalking and threats related to sexual acts.
- “Shared household” means an offender and a victim (child) lives or lived in a same house which binds them in a domestic relationship.
- “Abetment” refers to initiate, conspire, or intentionally aiding in sexual acts.
The word Child cannot be termed as a legal Jargon but it is an important term in this act. So, this Act defines “Child” as any person below the age of eighteen years which clearly states that this act is gender neutral. It also uses terms like “Special Court,” “Special Public Prosecutor,” and others, and defines “parent,” and “guardian” in connection to child protection. The Act aims to protect children from these offenses and ensure their welfare through certain legal procedures and penalties.
The Proof
The POCSO Act, 2012, outlines specific provisions for evidence in cases of child sexual abuse, emphasizing child-friendly techniques and the importance of recording the child’s statement. In order to guarantee speedy trials, the statute highlights that the evidence of the child shall be recorded within a period of thirty days of the Special Court taking cognizance of the offence and reasons for delay, if any, shall be recorded by the Special Court. The child’s statement will be recorded at his usual residence, or at another location of his choosing. In front of the child’s parents or any other person the child feels safe confiding in, the magistrate or police officer must record the child’s statement. They may, if necessary, seek the assistance of a trained interpreter or translator when recording the child’s statement. If a kid has a physical or mental disability, can ask a special educator, someone who knows how the child communicates, or an authority in that area to help record the child’s statement. It also captured on audio-video equipment.
When the child has a medical examination, the parent or another person the child confides or trusts in must be there. The Special Court will create a child-friendly atmosphere by allowing a friend, family member, guardian, or relative that the child trusts or believes in to be present in court. Throughout the trial, the Special Court will ensure that the child’s dignity is maintained and will not permit harsh questioning or character assassination. The child’s parents or any other person the child has faith in will be present when the Special Court hears cases behind closed doors. This Act prioritizes the welfare of the child in order to provide a fair and timely trial for crimes against children. It provides safeguards for the child’s identity and safety and emphasizes the importance of fostering a kid-friendly environment throughout the legal process.
Abstract
As we all are aware about the Vulnerable sections of society, ‘Children’ are among that section who needs support of protection and safety when they face any injustice. Until 2012 there was not any specific law that deals with the protection of Children specially when they face sexual abuse. In 2012 our legislation took a significant step regarding with this issue and enacted Protection of Children from Sexual Offences Act (POCSO Act) in June 2012. In India’s legal system, this Act is a crucial piece of legislation that safeguards the rights and innocence of children. There are definitions for sexual assault, penetrative sexual abuse, aggravated penetrative sexual abuse, and various forms of sexual offence. Along with outlining severe penalties for violators, it places special emphasis on protecting the victim’s privacy and safety during the court proceedings. The statute establishes Special Courts for the trial of offenses, requires mandatory reporting of offenses, provides victim support services, and creates child-friendly evidence recording procedures. These provisions aim to enable child victims to come forward and report abuse without fear of embarrassment or shame by creating a caring and supportive environment. This Act has played a significant role in increasing awareness of child sexual abuse and empowering survivors to seek justice. It is essential to increase its implementation and address new concerns in order to establish a safer environment where every child can grow and thrive without fear. Campaigns for awareness and sensitization make it an essential weapon in the fight against child sexual abuse.
Case Laws
Some of the most recent and important case laws involving the POCSO Act of 2012 are listed below:
• Alakh Alok Srivastava v. Union of India and Others (2018)- In this case, the Supreme Court set guidelines for the High Court regarding trials under the POCSO act and in that guideline, they stated to ensure speedy disposal of the case within one year from the date of filing of the case. It also stated that if the Special Court has not been established in a particular area, it will be the duty of the High Court to establish the Special Court. The High Court can also make a three-judge committee for investigation purposes to get evidence on time. In the guidelines, it was also mentioned that it is the High Court’s responsibility to create a child-friendly atmosphere.
• Nipun Saxena v. Union of India (2019)- In the POCSO Act it was clearly stated that only when it is in the best interests of the child and under no other circumstances may the Special Court permit identity disclosure of the victim (child). In this case, an employee discloses certain information about the child, so the publisher or owner of the media shall be jointly and severally liable for the acts and omissions of his employee.
• Satish Ragde v. State of Maharashtra (2021)- The Supreme Court set aside the Bombay High Court’s judgment in this case which had ruled that merely skin-to-skin contact cannot be an offense under the POCSO Act, sexual intent is necessary.
• Ram Nawal v. State (2022)- In this case, the Court stated that penetration is sufficient to constitute an offense and it is not necessary that semen needs to be present.
Conclusion
In a nutshell, the POCSO Act ensures the safety and protection of children from sexual offences. In this Act several definitions and their punishments are given. Special courts are set for the proceedings of the case which ensures the child-friendly environment. The moto of this act is to encourage children to come forward if they face any injustice without feeling embarrass or shame. Its comprehensive provisions, focus on victim care, and public awareness and sensitization campaigns make it a vital tool in the fight against child sexual abuse.
FAQ’s
- Who can be a victim under POCSO Act?
Only children i.e person below the age of eighteen years can be a victim.
- Who can commit an offence in this Act?
Any person can commit an offence it doesn’t matter which gender that person belongs.
- Can children commit an offence under POCSO Act?
Yes children can commit an offence but they will not be tried by Special Courts instead they will be tried by Juvenile Justice Board as the goal of act is to protect and provide justice to child victim from sexual offences .
- Within how many days the evidence of child shall be recorded?
Within thirty days the evidence of child shall be recorded.
