Monday, January 20, 2020

What is Pocso Court?

The Protection Of Children From Sexual Offences(POCSO) ACT 2012 was made for To deal with child sexual abuse cases, the Government has brought in a special law.
The Act has come into force with effect from 14th November 2012 along with the Rules framed thereunder.

The POCSO Act, 2012 is a comprehensive law to provide for the protection of children from the offences of sexual assault, sexual harassment and pornography, while safeguarding the interests of the child at every stage of the judicial process by incorporating child-friendly mechanisms for reporting, recording of evidence, investigation and speedy trial of offences through designated Special Courts.

The POCSO Amendment Bill, introduced by Minister of State in Ministry of Women and Child Development Virendra Kumar, also provides for stringent punishments for other crimes against those below 18 years of age.

The said Act defines a child as any person below eighteen years of age and defines different forms of sexual abuse, including penetrative and non-penetrative assault, as well as sexual harassment and pornography, and deems a sexual assault to be “aggravated” under certain circumstances, such as when the abused child is mentally ill or when the abuse is committed by a person in a position of trust or authority vis-à-vis the child, like a family member, police officer, teacher, or doctor. People who traffick children for sexual purposes are also punishable under the provisions relating to abetment in the said Act. The said Act prescribes stringent punishment graded as per the gravity of the offence, with a maximum term of rigorous imprisonment for life, and fine.

The government, in a statement, said the amendments in Section-2, 4, 5, 6, 9, 14, 15, 34,42 and 45 of the POCSO Act, 2012 are being made to address the aspects of child sexual abuse in an appropriate manner.

The said Act makes provisions for the medical examination of the child in a manner designed to cause as little distress as possible. The examination is to be carried out in the presence of the parent or another person whom the child trusts, and in the case of a female child, by a female doctor.

The Act also makes it mandatory to report such cases. It makes it the legal duty of a person aware of the offence to report the sexual abuse. In case he fails to do so, the person can be punished with six months’ imprisonment or fine. The Act further states that the evidence of the child should be recorded within a period of thirty days. The Special Court taking cognizance of the matter should be able to complete the trial within the period of one year from the date of taking cognizance of the abuse. It provides that the Special Court proceedings should be recorded in camera and the trial should take place in the presence of parents r any other person in whom the child has trust or confidence.

The Act provides for punishment against false complaints or untrue information. It describes strict action against the offender according to the gravity of the offence. It prescribes rigorous imprisonment for a term which shall not be less than ten years but which may extend to imprisonment for life and also fine as punishment for aggravated penetrative sexual assault. It also prescribes punishment to the people who traffic children for sexual purposes.

Salient Features:
The Act defines a child as any person below eighteen years of age and regards the best interests and welfare of the child as matter of paramount importance at every stage, to ensure the healthy physical, emotional, intellectual and social development of the child. The act is gender-neutral.

PUNISHMENT:
The Protection of Children from Sexual Offences, or POCSO, (Amendment) Bill, 2019, seeks to provide for stringent punishment to those engaging in sexual crimes against children, the death penalty in cases of aggravated sexual assault, besides levying fines and imprisonment, to curb child pornography. 

2 comments:

  1. Super blog,Very nice blog dharmendra choudhary.its very useful blog.

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