POSCO

POCSO or The Protection of Children from Sexual Offences Act (POCSO Act) 2012 was formulated to protect children against offences like sexual abuse, sexual harassment and pornography. It was formed to provide a child-friendly system for trial under which the perpetrators could be punished. The Act defines a child as any person below eighteen years of age. It also makes provisions for avoiding the re-victimisation of the child under the judicial system. Protection of Children from Sexual Offences Act, 2012 received the President’s assent on June 19, 2012. The Act defines different forms of sexual abuse which includes penetrative and non-penetrative assault. It also involves sexual harassment, pornography, etc. Under certain specific circumstances POCSO states a sexual assault is to be considered “aggravated if the abused child is mentally ill or when the abuse is committed by a member of the armed forces or security forces or by a public servant or a person in a position of trust or authority of the child, like a family member, police officer, teacher, or doctor or a person-management or staff of a hospital — whether Government or private.”The Act also makes it mandatory to report such cases. It makes it the legal duty of a person aware of the offence to report the sexual abuse. In case he fails to do so, the person can be punished with six months’ imprisonment or fine. The Act further states that the evidence of the child should be recorded within a period of thirty days. According to the Act the Special Court taking cognizance of the matter is required to complete the trial within the period of one year from the date of taking cognizance of the abuse. It provides that the Special Court proceedings should be recorded in camera and the trial should take place in the presence of parents or any other person in whom the child has trust or confidence.The Act provides for punishment against false complaints or untrue information. It prescribes rigorous imprisonment for a term which shall not be less than ten years but which may extend to imprisonment for life and also fine as punishment for aggravated penetrative sexual assault. It also prescribes punishment to the people who traffic children for sexual purposes.