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    POCSO

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    prema
    The document discusses violence against children in India and provisions to protect them. It notes that 1 in 10 women report childhood sexual abuse, often by known persons. There are an estimated 5 million child sex workers in India, with 80% located in major cities. The Protection of Children from Sexual Offences Act 2012 created new offenses and special courts to handle sexual abuse and assault cases. It mandated reporting of abuse and established protective procedures for recording victim statements and medical examinations. The goal is to provide a child-friendly process to help victims seek justice and compensation. However, challenges remain around confidentiality, false reporting, assisting adolescent victims, and ensuring proper systems, awareness campaigns and education are in place.

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    POCSO

    Uploaded by

    prema
    246 views26 pages
    The document discusses violence against children in India and provisions to protect them. It notes that 1 in 10 women report childhood sexual abuse, often by known persons. There are an estimated 5 million child sex workers in India, with 80% located in major cities. The Protection of Children from Sexual Offences Act 2012 created new offenses and special courts to handle sexual abuse and assault cases. It mandated reporting of abuse and established protective procedures for recording victim statements and medical examinations. The goal is to provide a child-friendly process to help victims seek justice and compensation. However, challenges remain around confidentiality, false reporting, assisting adolescent victims, and ensuring proper systems, awareness campaigns and education are in place.

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    The document discusses violence against children in India and provisions to protect them. It notes that 1 in 10 women report childhood sexual abuse, often by known persons. There are an estimated 5 million child sex workers in India, with 80% located in major cities. The Protection of Children from Sexual Offences Act 2012 created new offenses and special courts to handle sexual abuse and assault cases. It mandated reporting of abuse and established protective procedures for recording victim statements and medical examinations. The goal is to provide a child-friendly process to help victims seek justice and compensation. However, challenges remain around confidentiality, false reporting, assisting adolescent victims, and ensuring proper systems, awareness campaigns and education are in place.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    246 views26 pages

    POCSO

    Uploaded by

    prema
    The document discusses violence against children in India and provisions to protect them. It notes that 1 in 10 women report childhood sexual abuse, often by known persons. There are an estimated 5 million child sex workers in India, with 80% located in major cities. The Protection of Children from Sexual Offences Act 2012 created new offenses and special courts to handle sexual abuse and assault cases. It mandated reporting of abuse and established protective procedures for recording victim statements and medical examinations. The goal is to provide a child-friendly process to help victims seek justice and compensation. However, challenges remain around confidentiality, false reporting, assisting adolescent victims, and ensuring proper systems, awareness campaigns and education are in place.

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    of 26

    Protection of children from Sexual

    Offences Act 2012

    Violence throughout life!!


    Pre - Natal

    Childhood

    Female Foeticide

    * Child marriage,

    Physical, sexual,

    * sexual, emotional Physical

    Emotional abuse

    abuse by parents, relatives


    * Child prostitution,,

    Violence throughout life!!


    Adolescence
    Rapes,
    Sexually harassment,
    Murders,
    Trafficking &
    Prostitution.

    Violence against children in India


    1 out of every 10 women reported some kind of child sexual
    abuse during childhood, chiefly by known persons.
    1 out of 4 girls is sexually abused before the age of 4.
    19% are abused between the ages of 4 & 8.
    28% are abused between the ages of 8 & 12.
    35% are abused between the ages of 12 & 16.

    Violence against children in India


    There are approximately 2 million child commercial sex
    workers between the age of 5 and 15 years and about 3.3
    million between 15 and 18 years.
    They form 40% of the total population of commercial sex
    workers in India.
    80% of these are found in the 5 metros.
    71% of them are illiterate.
    500,000 children are forced into this trade every year.

    Provisions under Indian Penal Code


    (IPC)

    Rape - Sec. 376 IPC

    Kidnapping - Sec. 363-373 IPC

    Molestation - Sec. 354 IPC

    Sexual Harassment - Sec. 509 IPC

    Protection of Children from Sexual


    Offences Act 2012 (POCSO Act 12

    Basic info.

    The Protection of Children from Sexual Offences Act


    2012 published in official Gazette for general

    information on 20.06.2012

    Brought into force from 14.11.2012 by way of a


    separate notification in terms of Section 1(3).

    The Protection of Children from Sexual Offences


    Rules 2012 also notified and brought into force on

    14.11.2012.

    Popularly referred as POCSO Act ( not POSCO Act)

    SALIENT FEATURES

    New offences / Special Courts / Special Public


    Prosecutor
    Mandatory Reporting / Punishment for False
    Reporting
    Special Procedures: recording of complaint,
    statements & Evidence
    Monitoring of NCPCR/ SCPCR / Convergence with
    JJ Act
    Compensation

    Offences under POCSO


    Penetrative Sexual Assault (Sec. 3)
    Aggravated Penetrative Sexual Assault (Sec. 5)
    Sexual Assault (Sec. 7)
    Aggravated Sexual Assault (Sec. 9)

    Sexual Harassment ( Sec. 11)

    Sexual Harassment ( Sec. 11)

    Sexual Assault (Sec. 7)

    Penetrative Sexual Assault (Sec. 3)

    Punishments for Offences


    Sexual Harassment ( Sec. 11)
    Sexual Assault (Sec. 7)

    Penetrative Sexual Assault (Sec. 3)


    Aggravated Sexual Assault (Sec. 9)
    Aggravated Penetrative Sexual
    Assault (Sec. 5)

    Imprisonment up to 3 years and also liable to


    fine
    Not less than 3 years but may extend to 5
    years and also liable to fine
    Not less than 7 years, may extend to
    imprisonment for life and also liable to fine
    Not less than 5 years, may extend to 7 years
    and also liable to fine

    Rigorous Imprisonment for not less than 10


    years, may extend to imprisonment for life,
    also liable to fine

    Other Offences & Punishments

    Using a child for pornographic purposes [Section 14 (1)] : Up to 5 years

    and fine

    Using a child for pornographic purposes, after having been convicted


    previously for same offence [Section 14 (1)]: Up to 7 years and fine

    Storing, for commercial purpose, any pornographic material in any form

    involving a child ( Section 15): Up to 3 years or fine or both

    Attempting to commit any offence under this Act (Section 18): One half of
    the longest term of imprisonment provided for that offence with fine and
    may extend to one half of the imprisonment for life

    procedure for reporting the case


    Section

    19: Mandatory reporting including


    even by the child concerned to the SJPU or
    Local police
    Report to CWC and Special Court/ Sessions
    court
    Section 21: Punishment for failure to Report
    Section 22: Punishment for False Complaint
    Section 23: Procedure for media

    Section 23: Procedure for media

    Making any report or present comments on any child from


    any form of media or studio or photographic facilities,
    without having complete and authentic information, which
    may have the effect of lowering such childs reputation or
    infringing on such childs privacy [ Section 23(1)]: not less
    than 6 months which may extend up to 1 year or fine or
    both

    Disclosure of identity of a child including his name, address,


    photograph, family details, school, neighbourhood or any
    other particulars which may lead to disclosure of identity of
    child in any media report , without permission of the Court [
    Section 23(2): not less than 6 months which may extend up
    to 1 year or fine or both

    Reporting and Production before CWC


    All cases to be reported to CWC.
    Only in following cases a child to be produced before CWC:
    Offence has been committed or attempted or is likely to be committed by a
    person living in the same or shared household with the child or

    Child is living in a child care institution and


    is without parental support or Child is found to be without any home and
    parental support.

    CWC will make a determination within 3 days as to whether


    the child needs to be taken out of the custody of his family
    or shared household and be placed in a children home or a
    shelter home.

    Recording of Statement of Child


    Section

    24: Recording of statement of a child

    Sections

    25 &26: Recording the statement of the

    child by magistrate and additional provisions


    Wherever

    possible recorded by audio- video

    electronic means
    Section

    27: Medical Examination of a child

    Police should record statement of child victim at his/her residence


    or at a place where such child usually resides or at a place of
    childs choice in the presence of childs parents or guardians or any
    person in whom child has trust and confidence.

    Police should arrange for a translator or interpreter if child uses a


    different language.

    At the time of examination by police or in court, Child shall not be


    exposed to the accused in any manner

    Medical Examination and related issues

    Issue of consent
    Lady doctor
    Even without FIR medical examination
    Counseling before medical examination
    Medical examination shall be conducted in the
    presence of the parent or in whom child has
    confidence or trust.

    Procedure and Powers of Special Courts

    Frequent breaks for the child during the trial.

    Child friendly atmosphere

    Child is not called frequently to testify in the court

    Compensation

    Sect 34: offence by child shall be dealt with under


    provisions of JJ Act

    Child Friendly Procedures incorporated in


    the Act
    not be in uniform while recording the statement of the child
    The statement of Recording the statement of the child at the

    residence of the child or at the place of his choice, preferably by a


    women police officer not below the rank of the sub-inspector.
    Evidence has to be recorded within 30 days
    No child to be detained in the police station in the night for any

    reason
    Police officer the child to be recorded as spoken by the child

    Assistance of an interpreter or translator or an expert as per the need of the


    child

    Assistance of special educator or any person familiar with the manner of


    communication of the child in case child is disabled
    Medical examination of the child to be conducted in the presence of the

    parent of the child or any other person in whom the child has trust or
    confidence
    In case the victim is a girl child, the medical examination shall be conducted by

    a woman doctor
    Frequent breaks for the child during trial
    Child not to be called repeatedly to testify

    No aggressive questioning or character assassination of the child

    Confidentiality Vs Mandatory reporting.


    Mandatory Reporting Vs False complaint
    Age- Adolescent group
    Are the systems in place
    Compensation
    Fast Tracking
    Awareness and Curriculum

    Thank You

    Injustice anywhere is a threat to justice everywhere."


    Martin Luther King Jr.

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