Introduction
The POCSO Act, 2012 is a comprehensive law enacted to protect children under the age of 18 years from sexual assault, sexual harassment, and pornographic offences. It ensures child-friendly procedures during judicial processes and strengthens the legal framework for safeguarding children’s dignity and rights.
Objective of the Act
The primary aim of the POCSO Act is to provide a robust legal mechanism for protecting children from sexual offences and ensuring their best interest during investigation and trial.
- Define and criminalize all forms of sexual offences against children.
- Establish child-sensitive procedures for reporting and trial.
- Ensure fast-track justice and rehabilitation of child victims.
Relevance & Application of the Act
The Act applies to all individuals regardless of gender and is relevant to educational institutions, child-care homes, and any setting where children are present. It emphasizes mandatory reporting, accountability, and prompt response to offences.
- Applicable to children under 18 years across India.
- Recognizes offences like penetrative and non-penetrative assault, sexual harassment, and use of children for pornographic purposes.
- Mandates reporting of offences by any person or institution (failure to report is punishable).
- Provides for in-camera trials, no child confrontation with the accused, and recording evidence within 30 days.
- Empowers Special Courts for time-bound disposal of cases.
Structure of the Act
- Contains 13 Chapters and 46 Sections.
- Key chapters include:
- Chapter II – Sexual Offences Against Children
- Chapter III – Using Children for Pornographic Purposes
- Chapter IV – Abetment and Attempt
- Chapter V–VI – Procedure for Reporting and Recording
- Chapter VIII–IX – Special Courts and Procedure for Trial
- Amended by the POCSO (Amendment) Act, 2019 to introduce stricter punishments including death penalty for aggravated offences.