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Protection of Children from Sexual Offences Act, 2012

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RaahavendharSugumar

The POCSO Act was passed in 2012 to protect children from sexual offenses. It established special courts to handle cases and try them speedily. The Act defines various sexual offenses against children such as penetrative sexual assault, sexual assault, and sexual harassment. It also outlines punishments for perpetrators which are severe if the perpetrator is a protector of the child. The Act introduced child friendly measures during legal proceedings and provides for victim compensation. Key stakeholders in implementing the Act include parents, police, medical professionals, NGOs and various government authorities.

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POCSO ACT S RAAHAVENDHAR
POCSO PREVENTION OF CHILDREN FROM SEXUAL OFFENCES NOVEMBER, 2012
WHY POCSO? BEFORE 2012- IPC WAS ONLY USED MANY NEW FORMS OF ABUSE COULD NOT BE PROSECUTED TO PROSECUTE OFFENCES AGAINST BOYS
OBJECTIVES To protect children from the offences of Sexual assault; Sexual harassment; and Pornography. To establish Special Courts for speedy trial of such offences.
SALIENT FEATURES (i) Burden of Proof on the Accused (ii) Gender-neutral law (iii) Punishment for all perpetrators irrespective of age and gender (iv) Calibration of Offences (v) Severer Punishment when Protectors are Perpetrators (vi) Introduction of Child Friendly Measures (vii) Support to the Child and Family in the form of Support Person (viii) Accountability of every citizen towards Child Protection (ix) Punishment for failure to report or record a case (x) No Discretionary Jurisdiction (xi) Confidentiality of the Child and the Family
DEFINITIONS GIVEN PENETRATIVE SEXUAL ASSAULT AGGRAVATED PENETRATIVE SEXUAL ASSAULT SEXUAL ASSAULT AGGRAVATED SEXUAL ASSAULT SEXUAL HARASSMENT ABETMENT/ ATTEMPT TO DO CRIME
Protection of Children from Sexual Offences Act, 2012
CHILD FRIENDLY MEASURES
KEY STAKEHOLDERS PARENTS SPECIAL JUVENILE POLICE UNITS MEDICAL PROFESSIONALS CHILD WELFARE COMMITTEE NGOS & SUPPORT PERSONS SCHOOL AUTHORITIES & TEACHERS SPECIAL COURT SPECIAL PUBLIC PROSECUTOR REGISTERED CHILD CARE INSTITUTIONS DISTRICT CHILD PROTECTION UNIT
VICTIM COMPENSATION SCHEME INTERIM COMPENSATION FINAL COMPENSATION (STATE GOVERNMENT- WITHIN 30 DAYS)
PUNISHMENTS S. NO. OFFENCE PUNISHMENT 1 PENETRATIVE SEXUAL ASSAULT SEVEN YEARS TO LIFE/ FINE 2 AGGRAVATED PENETRATIVE SEXUAL TEN YEARS TO LIFE/ FINE 3 SEXUAL ASSAULT THREE TO FIVE YEARS/ FINE 4 AGGRAVATED SEXUAL ASSAULT FIVE TO SEVEN YEARS/ FINE 5 SEXUAL HARASSMENT THREE YEARS/ FINE 6 USING CHILD FOR PORNOGRAPHY THREE YEARS/ FINE 7 ABETMENT/ ATTEMPT TO COMMIT HALF OF LIFE/ HALF OF LONGEST TERM FOR THE OFFENCE/ FINE
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Protection of Children from Sexual Offences Act, 2012

  • 2. POCSO PREVENTION OF CHILDREN FROM SEXUAL OFFENCES NOVEMBER, 2012
  • 3. WHY POCSO? BEFORE 2012- IPC WAS ONLY USED MANY NEW FORMS OF ABUSE COULD NOT BE PROSECUTED TO PROSECUTE OFFENCES AGAINST BOYS
  • 4. OBJECTIVES To protect children from the offences of Sexual assault; Sexual harassment; and Pornography. To establish Special Courts for speedy trial of such offences.
  • 5. SALIENT FEATURES (i) Burden of Proof on the Accused (ii) Gender-neutral law (iii) Punishment for all perpetrators irrespective of age and gender (iv) Calibration of Offences (v) Severer Punishment when Protectors are Perpetrators (vi) Introduction of Child Friendly Measures (vii) Support to the Child and Family in the form of Support Person (viii) Accountability of every citizen towards Child Protection (ix) Punishment for failure to report or record a case (x) No Discretionary Jurisdiction (xi) Confidentiality of the Child and the Family
  • 6. DEFINITIONS GIVEN PENETRATIVE SEXUAL ASSAULT AGGRAVATED PENETRATIVE SEXUAL ASSAULT SEXUAL ASSAULT AGGRAVATED SEXUAL ASSAULT SEXUAL HARASSMENT ABETMENT/ ATTEMPT TO DO CRIME
  • 9. KEY STAKEHOLDERS PARENTS SPECIAL JUVENILE POLICE UNITS MEDICAL PROFESSIONALS CHILD WELFARE COMMITTEE NGOS & SUPPORT PERSONS SCHOOL AUTHORITIES & TEACHERS SPECIAL COURT SPECIAL PUBLIC PROSECUTOR REGISTERED CHILD CARE INSTITUTIONS DISTRICT CHILD PROTECTION UNIT
  • 10. VICTIM COMPENSATION SCHEME INTERIM COMPENSATION FINAL COMPENSATION (STATE GOVERNMENT- WITHIN 30 DAYS)
  • 11. PUNISHMENTS S. NO. OFFENCE PUNISHMENT 1 PENETRATIVE SEXUAL ASSAULT SEVEN YEARS TO LIFE/ FINE 2 AGGRAVATED PENETRATIVE SEXUAL TEN YEARS TO LIFE/ FINE 3 SEXUAL ASSAULT THREE TO FIVE YEARS/ FINE 4 AGGRAVATED SEXUAL ASSAULT FIVE TO SEVEN YEARS/ FINE 5 SEXUAL HARASSMENT THREE YEARS/ FINE 6 USING CHILD FOR PORNOGRAPHY THREE YEARS/ FINE 7 ABETMENT/ ATTEMPT TO COMMIT HALF OF LIFE/ HALF OF LONGEST TERM FOR THE OFFENCE/ FINE