POCSO Act
StudyMafia
.Org
Submitted To:
Submitted By:
Studymafia.org Studymafia.org
Table Contents
–
Definition
–
Introduction
–
Need
of POCSO Act
–
Scope
of POCSO Act
–
Importance
of POCSO Act
–
Features
of POCSO Act
–
Principles
of POCSO Act
–
Conclusion
2
Definition
The Protection of
Children from Sexual
Offences Act, 2012
[“POCSO Act, 2012”] is
legislation which aims at
protecting children from
all types of sexual
abuse.
3
Introduction
•
Although the Convention on the Rights of the Child
was adopted by the United Nations in 1989, the
offences against children were not redressed by
way of any legislation in India till the year 2012.
•
POCSO Act, 2012 is divided into 46 sections. It was
published in the official gazette on 20th June 2012
but came into force on 14th November 2012
4
5
Need
of POCSO Act
•
Before the introduction of the POCSO Act,
2012, the sole legislation in India that aimed at
protecting the rights of a child was the Goa’s
Children’s Act, 2003 and Rules, 2004.
•
Under the Indian Penal Code, 1860, child sexual
abuse accounted for an offence under Sections
375, 354 and 377. These provisions neither
protect male children from sexual abuse nor
protect their modesty.
●●●
6
Need
of POCSO Act
•
Owing to the lack of any specific legislation, it
was pivotal to establish a statute that pointedly
tackles the issue of growing child sexual abuse
cases in the country.
•
With the efforts of multifarious NGOs, activists
and the Ministry of Women and Child
Development, POCSO Act, 2012 was enforced
on 14th November 2012.
7
Scope
of POCSO Act
•
In India, POCSO Act, 2012 is not the only
legislation which deals with child sexual abuse
cases.
•
The POCSO Act cannot be called a complete
code in itself and provisions of the Code of
Criminal Procedure, 1973, Indian Penal Code,
1860, Juvenile Justice Act, and Information
Technology Act, 2000 overlap and encapsulate
the procedure and specify the offences.
8
Importance
of POCSO Act
•
POCSO Act, 2012 was enacted when the
cases of sexual abuse against children were
rising.
•
It contains provisions regarding the
protection of children from sexual assault
and pornography and lays down the
procedure for the implementation of these
laws.
●●●
9
Importance
of POCSO Act
•
Incidents of sexual abuse against children occur
at schools, religious places, parks, hostels, etc
and the security of children is not guaranteed
anywhere.
•
With such emerging dangers, it was significant
to introduce separate legislation which could
provide a reliable system for mitigating the
number of such offences and punishing the
perpetrators.
●●●
10
Importance
of POCSO Act
•
The Act has been instrumental in providing a
robust justice mechanism for the victims of
sexual abuse and has highlighted the
significance of child rights and safety.
•
The reporting of cases of child sexual abuse has
also surged as a consequence of awareness. The
Act covers punishment for both non-penetrative
sexual assault and aggravated penetrative
sexual assault.
11
Features
of POCSO Act
Confidentiality of the victim’s identity:
•
Section 23 of the POCSO Act provides for
the procedure of media and imposes the
duty to maintain the child victim’s
identity unless the Special Court has
allowed the disclosure.
●●●
12
Features
of POCSO Act
Gender-neutral provisions:
•
Another glaring feature of the POCSO Act is
that it does not create any distinction
between the victim or the perpetrators on
the basis of their gender.
•
This overcomes one of the biggest
shortcomings of the Indian Penal Code’s
provisions.
●●●
13
Features
of POCSO Act
Mandatory reporting of child abuse cases:
•
Sexual abuse cases happen behind
closed doors and the elders attempt to
hide these incidents due to the stigma
that is attached to these crimes.
●●●
14
Features
of POCSO Act
The last seen theory:
•
According to this theory, the person who is
last seen with the victim is assumed to be the
perpetrator of the offence when the time gap
between the point when they were last seen
alive is so minute that it is not possible that
any other person could have committed the
crime.
●●●
15
Features
of POCSO Act
Child-friendly investigation and trial:
•
Sections 24, 26 and 33 of the POCSO Act
lay down the procedure of investigation
and trial which has been formulated
keeping in mind the needs of a child.
16
Principles
of POCSO Act
•
Right to be treated with dignity-
Various
provisions under the POCSO Act reflect
that it is very crucial to treat a child with
dignity and utmost compassion
.
•
Right to life and survival-
Right to life is
a fundamental right provided by Article
21 of the Indian Constitution.
●●●
17
Principles
of POCSO Act
•
Right against discrimination-
This is also a
crucial fundamental right and an additional
duty under the Indian Constitution.
•
Right to preventive measures
- Children being
immature in their growing stages, should be
well trained so that they become capable of
preventing abuses against them thereby
differentiating between what is right and what
is wrong.
●●●
18
Principles
of POCSO Act
•
Right to be informed-
A child should be
informed of the legal procedures that are
being carried out for the conviction of the
accused.
•
Right to privacy-
The main objective behind
provisions like Section 23 is to protect the right
to privacy of a child against whom any offence
under the POCSO Act
19
Conclusion
POCSO Act, 2012 was enacted when the cases of
sexual abuse against children were rising.
It contains provisions regarding the protection of
children from sexual assault and pornography and
lays down the procedure for the implementation
of these laws.
21
Thanks
To
StudyMafia
.org
"The submission of the POCSO Act to StudyMafia.org by Studymafia.org signifies a significant step towards addressing and preventing child sexual abuse. This act aims to protect children from various forms of sexual exploitation and create a safer environment for their development and well-being. By submitting the act, the organizations showcase their commitment to safeguarding children's rights and advocating for their protection under the law."
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Presentation Transcript
StudyMafia.Org POCSO Act Submitted To: Submitted By: Studymafia.org Studymafia.org
Table Contents Definition Introduction Need of POCSO Act Scope of POCSO Act Importance of POCSO Act Features of POCSO Act Principles of POCSO Act Conclusion 2
Definition The Protection of Children from Sexual Offences Act, 2012 [ POCSO Act, 2012 ] is legislation which aims at protecting children from all types of sexual abuse. 3
Introduction Although the Convention on the Rights of the Child was adopted by the United Nations in 1989, the offences against children were not redressed by way of any legislation in India till the year 2012. POCSO Act, 2012 is divided into 46 sections. It was published in the official gazette on 20th June 2012 but came into force on 14th November 2012 4
Need of POCSO Act Before the introduction of the POCSO Act, 2012, the sole legislation in India that aimed at protecting the rights of a child was the Goa s Children s Act, 2003 and Rules, 2004. Under the Indian Penal Code, 1860, child sexual abuse accounted for an offence under Sections 375, 354 and 377. These provisions neither protect male children from sexual abuse nor protect their modesty. 6
Need of POCSO Act Owing to the lack of any specific legislation, it was pivotal to establish a statute that pointedly tackles the issue of growing child sexual abuse cases in the country. With the efforts of multifarious NGOs, activists and the Ministry of Women and Child Development, POCSO Act, 2012 was enforced on 14th November 2012. 7
Scope of POCSO Act In India, POCSO Act, 2012 is not the only legislation which deals with child sexual abuse cases. The POCSO Act cannot be called a complete code in itself and provisions of the Code of Criminal Procedure, 1973, Indian Penal Code, 1860, Juvenile Justice Act, and Information Technology Act, 2000 overlap and encapsulate the procedure and specify the offences. 8
Importance of POCSO Act POCSO Act, 2012 was enacted when the cases of sexual abuse against children were rising. It contains provisions regarding the protection of children from sexual assault and pornography and lays down the procedure for the implementation of these laws. 9
Importance of POCSO Act Incidents of sexual abuse against children occur at schools, religious places, parks, hostels, etc and the security of children is not guaranteed anywhere. With such emerging dangers, it was significant to introduce separate legislation which could provide a reliable system for mitigating the number of such offences and punishing the perpetrators. 10
Importance of POCSO Act The Act has been instrumental in providing a robust justice mechanism for the victims of sexual abuse and has highlighted the significance of child rights and safety. The reporting of cases of child sexual abuse has also surged as a consequence of awareness. The Act covers punishment for both non-penetrative sexual assault and aggravated penetrative sexual assault. 11
Features of POCSO Act Confidentiality of the victim s identity: Section 23 of the POCSO Act provides for the procedure of media and imposes the duty to maintain the child victim s identity unless the Special Court has allowed the disclosure. 12
Features of POCSO Act Gender-neutral provisions: Another glaring feature of the POCSO Act is that it does not create any distinction between the victim or the perpetrators on the basis of their gender. This overcomes one of the biggest shortcomings of the Indian Penal Code s provisions. 13
Features of POCSO Act Mandatory reporting of child abuse cases: Sexual abuse cases happen behind closed doors and the elders attempt to hide these incidents due to the stigma that is attached to these crimes. 14
Features of POCSO Act The last seen theory: According to this theory, the person who is last seen with the victim is assumed to be the perpetrator of the offence when the time gap between the point when they were last seen alive is so minute that it is not possible that any other person could have committed the crime. 15
Features of POCSO Act Child-friendly investigation and trial: Sections 24, 26 and 33 of the POCSO Act lay down the procedure of investigation and trial which has been formulated keeping in mind the needs of a child. 16
Principles of POCSO Act Right to be treated with dignity- Various provisions under the POCSO Act reflect that it is very crucial to treat a child with dignity and utmost compassion. Right to life and survival- Right to life is a fundamental right provided by Article 21 of the Indian Constitution. 17
Principles of POCSO Act Right against discrimination- This is also a crucial fundamental right and an additional duty under the Indian Constitution. Right to preventive measures- Children being immature in their growing stages, should be well trained so that they become capable of preventing abuses against them thereby differentiating between what is right and what is wrong. 18
Principles of POCSO Act Right to be informed- A child should be informed of the legal procedures that are being carried out for the conviction of the accused. Right to privacy- The main objective behind provisions like Section 23 is to protect the right to privacy of a child against whom any offence under the POCSO Act 19
Conclusion POCSO Act, 2012 was enacted when the cases of sexual abuse against children were rising. It contains provisions regarding the protection of children from sexual assault and pornography and lays down the procedure for the implementation of these laws. 21
Thanks To StudyMafia.org
