Protection of Children Against Sexual Offence Act, 2012

Many of us have been
very disturbed, angry and
intensely anxious about
the state of security for
school going children,
particularly if the care
givers become the
perpetrators of crimes. As
parents and as citizens we
all should be aware of the
provisions included in
different acts pertaining
to the protection of our
children against such
offences. POCSO is one
such act.

 Until 2012, provisions of the Indian Penal Code, 1860 (IPC), Immoral
Traffic (Prevention) Act, 1956 (ITPA), and Juvenile Justice (Care and
Protection of Children) Act 2000 (JJ Act) applied to sexual offences
against children.
 The IPC is gender specific, that is, only a woman or a girl can file a
complaint of rape or sexual assault against a man. With regard to sexual
offences against men and boys, the IPC does not distinguish between
consensual intercourse between adults and forced intercourse ''against the
order of nature.''
 The IPC until 2013 only covered 'rape' (defined as penetration of the
penis into the vagina) by a man of a woman. Now following the Criminal
Law Amendment in 2013, the IPC covers a range of sexual offences
against women. However, the IPC does not distinguish between women
and girl children in terms of the needs of girl children for special
procedures during the course of the trial.
 The ITPA applies only to cases of child prostitutions.
 The Juvenile Justice (Care and Protection of Children) Act does not
explicitly provide penal provisions for sexual abuse of children.

KEY FEATURES OF
POCSO Act, 2012
 The POCSO Act is gender neutral. Both boys and
girls can be victims/survivors of rape and/ or
sexual assault under the POCSO Act.
 The definition of sexual offences is broad and not
restricted to rape, which is limited to penetration
of the penis into the vagina. The Act protects
children form offences of sexual assault, sexual
harassment, and pornography- for example,
Penetration by object touching with sexual intent,
or showing pornography to the child.
 The POCSO Act ensures effective access to
justice. The Act provides for the establishment of
special procedures for reporting of cases, special,
procedures for recording statement of the child
victim, and Special Courts for the trial of such
offences.
 The POCSO Act makes abetment of, and attempt
to commit an offence punishable.

Who can complain? (Section 19 and
section20)
 The Act provides for mandatory reporting. Any person (including
the child ) who has apprehension that an offence is likely to be
committed, or has knowledge that an offence is likely to be
committed, or has knowledge that an offence has been committed
shall complain to the Special Juvenile Police Unite or the local
police.
 In case any personnel of the media or hotel or lodge or hospital or
club or studio or photographic facilities comes across any child
pornography (through any medium), shall provide such information
to the Special juvenile Police Unit or the local police.
 False complaints with the intention to humiliate, extort, or threaten
or defame someone is punishable under the Act. However, a person
who provides information about the occurrence of a sexual offence
in good faith will not incur any liability.

AGAINST WHOM CAN A
COMPLAINT BE FILED?
Both men and women can be offenders
under the Act.
However, a case of penetrative sexual
assault can only be filed against a man.

 Recognizing that child victims of sexual assault are vulnerable, the Act puts
in place special procedures to assist the child from the time of recording of
his/her statement to the conclusion of the trial.
 Provisions for recording the statement of the child are child- friendly. For
example, the statement shall be recorded at the resident of the child or a
place where he/she usually resides or the place of his/her choice. The
presence of the advocate of the accused is not permitted while recording the
statement of the child.
 The consent of the victim of sexual assault, or a person competent to give
consent on his/her behalf is required for medical examination of the child.
The medical examination shall be conducted in the presence of a parent or
any other person in whom the child has trust and confidence. In case of
girls, only a woman doctor can conduct the medical examination.

THE
BURDEN
OF
PROOF
The burden of
proof regarding
the sexual
offence has been
shifted onto the
accused.

PERIOD FOR RECORDING OF
EVIDENCE AND DISPOSAL OF
THE CASE
The evidence of the child has to be recorded
within 30 days of the special Court taking
cognizance of the case;
Reasons for delay are to be recorded in writing;
The Special Court is expected to complete the
trial within one year of taking cognizance of the
case.

ROLE OF SPECIAL COURT DURING TRIAL

Protection of Children Against Sexual Offence Act, 2012

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Protection of Children Against Sexual Offence Act, 2012