Protecting Children From Sexual Offences: Overview & Distinctive Features Of POCSO Act

Protection of Children from Sexual Offences (POCSO) Act is a Law enacted in India in 2012.

It aims to protect children against abuse and sexual offences, including sexual assault, sexual harassment, and pornography.

It provides for severe punishments for offenders, special courts for speedy trials, and the appointment of Child Welfare Committees for the rehabilitation of victims.

The Act places a duty on various authorities to report cases and provide assistance to victims, ensuring confidentiality and privacy throughout the legal process.

Features of POCSO Act

  1. Gender Neutrality: POCSO extends to protection to Girls, Boys child as well as Children belonging to LGBTQ Community therefore its scope is much wider than IPC.
  2. Mandatory reporting of cases: Section 19 of POCSO makes it a Legal duty of every person to report any criminal activity against a Child.
  3. Rehabilitation of Victims: The cognizance of offences under this act are taken by a special court which decides the matter keeping in mind the rehabilitation and reformation of the child.
  4. Categorization of sexual abuse: POCSO categorizes and provides stringent punishment for sexual abuse. The recent POCSO Amendment Act, 2019 has made these punishments more stricter.
  5. Broad classification of offences: POCSO Act classifies different types of offences against children. These offences can be broadly classified as:
    • Penetrative sexual assault
    • Sexual assault
    • Sexual harassment And, the aggravated form of these offences are as:
  6. Aggravated penetrative sexual assault
  7. Aaggravated sexual assault
  8. Aggravated sexual harassment

Note: “Aggravated forms are committed by those who are responsible for the protection of the child, such as police officers, hospital authorities etc.”

So, it is important to report a case in POCSO, which can be a challenging and harrowing experience.

But taking action is the only way to ensure the safety of the victim and bring the perpetrator to justice. So, if you suspect a child is being sexually abused you shall report it immediately to:

  1. The local Police
  2. Special Juvenile Police Unit (SJPU)
  3. The local Child Welfare Committee
  4. Child Helpline Number (1091)

Conclusion

In conclusion, the Protection of Children from Sexual Offences (POCSO) Act provides strong legal protection for children who are victims of sexual offences. This special law is a powerful weapon against perpetrators of sexual offences against children and punishes such perpetrators more severely.

At the same time, the POCSO Act also provides a range of legal rights to child victims of sexual offences, including the right to medical care, counselling, and legal assistance.

If you have any questions or would like to know more about the POCSO Act, please do not hesitate to contact us. We are here to help and provide you with the necessary guidance and assistance. You can write to us at info@tygarlaw.com for any queries that you may have.