Legal Article

Salient features of POCSO Act

Shivendra Pratap Singh

Advocate

High Court Lucknow

Article

Reading Time:

Published on: 30 Jul, 2023

The Protection of Children from Sexual Offences (POCSO) Act is a significant legislation in India aimed at providing legal protection to children from sexual offenses. Enacted in 2012, the act addresses the rising incidents of child sexual abuse and exploitation in the country. Some of the salient features of the POCSO Act are as follows:

  1. Comprehensive Definition of Sexual Offenses: The act provides a comprehensive definition of various sexual offenses against children, including but not limited to, penetrative and non-penetrative sexual assault, sexual harassment, using a child for pornographic purposes, and enticing a child for sexual purposes.
  2. Special Courts: The POCSO Act mandates the establishment of Special Courts in each district to handle cases related to child sexual abuse. These courts are intended to ensure speedy and child-friendly trials.
  3. Child-Friendly Procedures: The act emphasizes child-friendly procedures during the investigation, trial, and other legal proceedings. It aims to minimize the trauma experienced by child victims and witnesses by providing a safe and supportive environment.
  4. Recording of Statement: The act allows for the recording of a child’s statement in the presence of a special educator or counselor. The statement is to be recorded by a woman police officer or any female official.
  5. Punishment and Penalties: The POCSO Act prescribes stringent punishments for offenders convicted of sexual offenses against children. These penalties include imprisonment ranging from a few years to life, along with fines.
  6. Protection of Identity: The act ensures the protection of the identity of the child victim throughout the legal process. It prohibits the disclosure of the child’s identity in any form of media or public domain.
  7. Reporting Obligations: The POCSO Act imposes a legal obligation on individuals, such as teachers, doctors, and even family members, to report any suspected cases of child sexual abuse to the authorities.
  8. One-Stop Crisis Centers: The act provides for the establishment of One-Stop Crisis Centers to provide medical, legal, and psychological support to child victims of sexual offenses.
  9. Prohibition on Re-Victimization: The act prohibits the re-victimization of the child during the legal process. It seeks to ensure that the child is not subjected to any additional trauma while seeking justice.
  10. Fast-Track Trials: The act mandates that the trial of cases under POCSO should be completed within a specific timeframe to expedite justice and avoid unnecessary delays.
  11. Child Welfare Committees: The act provides for the establishment of Child Welfare Committees at the district and state levels to oversee the welfare and rehabilitation of child victims.
  12. Mandatory Reporting: The act makes it mandatory for Internet service providers and intermediaries to report any content related to child sexual abuse that comes to their notice.

The POCSO Act has been instrumental in raising awareness about child sexual abuse and strengthening the legal framework to protect children from such heinous crimes. It aims to create a safer environment for children and to ensure that offenders face strict punishment for their actions.