Blog Details

The Protection of Children from Sexual Offences Act (POCSO Act) 2012 was enacted to prevent children from sexual abuse and sexual exploitation. This Act of parliament received the President assent on 19th June 2012. Any person who is below the age of 18 years is considered to be a Child and will get protection under this Act.

Various forms of sexual abuse has been defined under this act and it prescribes the punishment for all. Sexual abuse under this act is categorized as Aggravated, when the offence is graver in nature or is committed by specific member such as any member of armed forces or a person entrusted with the management of the child like any member of the family, doctor or a teacher that may be Government or private.

Reliefs available to the Child Victim

a) Child friendly processes:During the whole legal process the child is provided a friendly environment.The cases which are reported by the child should be recorded by the Special juvenile police unit in any language which is suitable to the child and if any other language is preferred then there should be a qualified translator for the child. During the whole legal process there should be a guardian or a parent with the child whom the child trusts and if any sort of medical examination is being conducted then the child consent should be taken and in case of a girl child the examination should be done by women doctor.

b) Emergency medical care:The victim child is entitled to receive medical care within 24 hours of the crime being reported if in case any emergency arises.

c)Care and protection:If it is suspected by the police that the child is not safe and needs care and protection then they can make arrangements to do so and also inform the statutory authority i.e., Child Welfare Committee (CWC) to take such steps for the protection of the child.

d)Compensation:The child is entitled to receive interim compensation for the loss and injury caused to him even if the accused is not convicted yet and within 30 days from the order of the court the government should pay the compensation to the child.

Amendment in POCSO Act

On April 21, 2018 an ordinance was promulgated by President Ram Nath Kovind to amend the criminal laws i.e., POCSO Act, Indian Penal Code, Indian Evidence Act and Code of Criminal Procedure.

Features of the Amendment

 In case of a girl child below 16 years minimum punishment for rape is 20 years imprisonment .

 In case of a girl child below 12 years minimum punishment for rape is 20 years and maximum is death penalty or life imprisonment.

 No grant of anticipatory bail to the accused if the rape is committed on a child below 16 years of age.

 Appeal regarding rape cases should be disposed off within 6 months.

Is POCSO Act gender-bias?

After the ordinance is promulgated by the President Ram Nath Kovind which states that the punishment of sexual abuse in case of a girl child below the age of 12 years shall extend to death penalty or life imprisonment , it is seen that it has made this act as gender bias, as it is only applicable to the girl child and not to the boy victim.

An amendment is being moved by the Centre to make this provision gender neutral. The section 4, 5, 6 of POCSO will be amended to bring the laws at par and make it gender neutral so that it will be applicable in case of offences against both girl and boy victim.