What is POCSO Act ? – The Protection Of Children From Sexual Offences Act:The full name of POCSO is The Protection of Children from Sexual Offences Act, this special law was enacted by the government in the year 2012. This Act applies to the whole of India, through this law, action is taken in cases of sexual offenses and molestation occurring with minor children. This act provides protection from serious crimes like sexual harassment, sexual assault and pornography to children. Under this law enacted in the year 2012, different punishment has been fixed for different crime.
What is POCSO Act ?
It is the responsibility of the police to bring the matter under the supervision of the Child Welfare Committee within 24 hours so that the CWC can take necessary steps for the protection and protection of the child. In this act, provisions have also been made for medical examination of the child, which should be such that it is least painful for the child. Medical examination should be done in the presence of the child’s parents or any other person who the child trusts, and if the victim is a girl, her medical examination should be done by a female doctor. There is a provision for hearing this case in a closed room and during this time it is also necessary to keep the identity of the child secret. The Special Court can also decide the amount of compensation to be paid to that child.
Punishment in POCSO Act?
Now girls under the age of 12 will be sentenced to death in cases of rape.
The minimum punishment for rape of a girl below 16 years has been increased from 10 years to 20 years.
- Punitive sexual assault on a child (Section 3) – not less than seven years which may extend to life imprisonment and fine (Section 4)
- Increased Penetrative Sexual Assault (Section 5) – Not less than ten years which can lead to life imprisonment, and fine (Section 6)
- Sexual harassment (Section 7) i.e. sexual contact without admission – not less than three years which may extend to five years, and fine (Section 8)
- Sexual harassment by a person in possession (Section 9) – not less than five years which may extend to seven years, and fine (Section 10)
- Sexual harassment of child (Section 11) – Three years and fine (Section 12)
- Use of child for pornographic purposes (Section 13) – five years and fine and subsequent punishment, seven years and fine in case of section 14 (1)
Main characteristics
The Act defines anyone under the age of eighteen, and regards the child’s best interest and welfare as being of paramount importance at every level to ensure the healthy physical, emotional, intellectual and social development of the child. is. .
It defines various forms of sexual abuse, including penetrating and non-penetrating assaults, as well as sexual harassment and pornography, and in some circumstances sexual harassment is considered “abusive”, such as the abused child’s mental form. Is ill or abused when a person is subject to trust or authority like a family member, police officer, teacher or doctor Is used by children in the viewer.
Those who traffic children for sexual purposes are punishable under the provisions relating to observance in the Act. The Act has categorized the severe punishment according to the severity of the offense, which carries a maximum sentence of life imprisonment and fine.
What is POCSO Act? Here are things related to the act
- Any kind of sexual treatment of children below 18 years of age comes under the purview of this law. This law provides equal protection to boys and girls.
- Under this act, children have been protected from crimes like sexual assault, sexual harassment and pornography.
- If a person puts a private part in any part of a child’s body, then it is an offense under section 3. For this, punishment has been fixed in Section 4. In which the punishment will be from 7 years to life imprisonment.
- If the offender has committed some crime which is a crime in any law other than the child crime law, then the criminal will be punished in the law which is the most strict.
- If a person touches the private part of a child or makes his private part touch the child, then punishment will be punishable under Section 8. In which the punishment will be from 3 years to 5 years.
- If a person wrongly commits sexual acts in front of children, or asks them to do so, showing pornography, then the punishment can be from 3 years to life.
- The Act also provides that if a person knows that a child has been sexually abused, he should report it to the nearest police station, if he does not do so, he should be sentenced to six months imprisonment. Will be