Posco Act

POSCO ACT
Protection of Children from Sexual Offences Act, 2012 defines a child as a person under the
age of 18 years. It encompasses the biological age of the child and remains silent on the
mental age considerations. It recognizes all forms of penetration other than penile-vaginal
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penetration and criminalises acts of immodesty against children too. With respect to
pornography, this act criminalises even watching or collecting pornographic content
involving Protection of Children from Sexual Offences Act, 2012 defines a child as a person
under the age of 18 years. It encompasses the biological age of the child and remains silent
on the mental age considerations. It recognizes all forms of penetration other than penile-
vaginal penetration and criminalizes
acts of immodesty against children too. With respect to pornography, this act criminalises
even watching or collecting pornographic content involving children under sec 15 of the act
and shall be punished with imprisonment of either description which may extend to three
years or with fine or both.
Salient Features of the POCSO Act

● “Children” according to the Act are individuals aged below 18 years. The Act is gender-
neutral.
● Different forms of sexual abuse including but not limited to sexual harassment,
pornography, penetrative & non-penetrative assault are defined in the Act.
● Sexual assault is deemed to be “aggravated” under certain circumstances such as
when the child is mentally ill. Also when the abuse is committed by the person in a
position of trust such as a doctor, teacher, policeman, family member.
● Adequate provisions are made to avoid re-victimization of the Child at the hands of the
judicial system. The Act assigns a policeman in the role of child protector during the
investigation process.
● The Act stipulates that such steps must be taken which makes the investigation
process as child-friendly as possible and the case is disposed of within one year from
the date of reporting of the offence.
● The Act provides for the establishment of Special Courts for the trial of such offences
and matters related to it.
● Under section 45 of the Act, the power to make rules lies with the central government.
● To monitor the implementation of the Act, the National Commission for the Protection
of Child Rights (NCPCR) and State Commissions for the Protection of Child Rights
(SCPCRs) have been made the designated authority. Both are statutory bodies.
● Section 42 A of the Act provides that in case of inconsistency with provisions of any
other law, the POCSO Act shall override such provisions.
● The Act calls for mandatory reporting of sexual offences. A false complaint with intent
to defame a person is punishable under the Act.
Objectives of POCSO Act

. Right to life and survival – A child must be shielded from any kind of physical,
psychological, mental and emotional abuse and neglect
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. Best interests of the child – The primary consideration must be the harmonious
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development of the child
. Right to be treated with dignity and compassion – Child victims should be treated in
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a caring and sensitive manner throughout the justice process
. Right to be protected from discrimination – The justice process must be transparent
and just; irrespective of the child’s cultural, religious, linguistic or social orientation
. Right to special preventive measures – It suggests, that victimised children are more
likely to get abused again, thus, preventive measures and training must be given to
them for self-protection
. Right to be informed – The child victim or witness must be well informed of the legal
proceedings
. Right to be heard and to express views and concerns – Every child has the right to
be heard in respect of matters affecting him/her
. Right to effective assistance – financial, legal, counselling, health, social and
educational services, physical and psychological recovery services and other services
necessary for the child‟s healing must be provided
. Right to Privacy – The child‟s privacy and identity must be protected at all stages of
the pre-trial and trial process
. Right to be protected from hardship during the justice process –Secondary
victimisation or hardships for a child during the justice procedure must be minimised
. Right to safety – A child victim must be protected before, during and after the justice
process
. Right to compensation – The child victim may be awarded compensation for his/her
relief and rehabilitation

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POSCO ACT

Salient Features of the POCSO Act

Objectives of POCSO Act

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