Chapter II- Sections 3 — 4 defined Penetrative Sexual Assault and prescribed the punishment of not less than seven 7 years to life imprisonment and a fine for offenders. The definition of Penetrative Sexual Assault was not limited to girls but also does not focus on one traditional sexual act of penovaginal intercourse. It defined that assault to include all forms of sexual acts either in existence or envisaged to be later. Sections 5 — 6 defined Aggravated penetrative sexual assault and prescribed an imprisonment of not less than ten 10 years to life imprisonment and a fine for offenders. Sections 7 — 8 defined Sexual assault and proscribed not less than three 3 years to a maximum of five 5 years and fine for offenders.
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What is Child Abuse? Child Abuse can be the result of any form of abuse such as mental, physical, neglect, emotional, and sexual abuse. It occurs everywhere at different level of society, in educational institutions, workplaces, homes, neighbourhoods, and even at the places meant for child protection. Indian population is majorly covered by young generation and children are the future of the nation. CSA is one of the most critical issues that is to be dealt with seriousness. Silence towards it is a failure on our side.
Causes of Child Sexual Abuse CSA Taboo about discussing sex and sexuality is an important factor that leads to lack of awareness in the society about sexual offences against children. Sometimes abusers suffer from mental disturbances and think of themselves as a child too, which result in the heinous crime of CSA. Lack of protection for isolated children and children with some disabilities are vulnerable to CSA. Enticing poor children in a trap of money or fake promises, but take their advantage.
On 11th December , Government of India also acceded to the Convention on the Rights of Child, adopted by the General Assembly of the United Nation, which prescribed a set of standards followed by all State parties in securing the best interests of the child. In Ranjit D. Udeshi vs State Of Maharashtra , the Supreme Court held that pornography is obscenity in more aggravated form.
Section Selling of minor children for purpose of prostitution Section 2 f : punishment of rape, when a woman who is being raped is under 12 year of age, is imprisonment for a term not less than 10 years and may extend to life. Section 67B 20 of Information Technology IT Act, took care of online abuse of a child and even transmitting or publishing any sexually exploitative content of the child is punishable.
Why The POCSO Act, There were certain provisions relating to sexual offences committed against children but sections of the Indian penal code, were generalized in nature; no specific laws in India were not able to address sexual offences against children effectively.
Provisions of Indian penal code, were not gender neutral, for eg: Section is only concerned with the female, the male child was left out. Failure to curb the crime of child sexual abuse and less efficacy of the previous provision. According to the World Health Organization, one out of every 4 girls and one out of every 7 boys are victims of sexual abuse. The offender can be male, female or transgender irrespective of their age.
When an offence under this act is committed by a child, such child shall be dealt with under the provision of the Juvenile Justice Care and Protection of Children Act, Section For example, A child of age 14 can be offender under this act but the only difference is that the Juvenile Justice Act would be applicable.
Whereas the offender above the age of 18, Indian penal code and the Criminal Procedure Code, would be applicable. Chapter II Sexual offences against children Penetrative Sexual Assault and Punishment Section 3 defines penetrative sexual assault, When a person penetrates any object or part of his body, to an extent, into vagina, mouth, urethra or anus of a child or makes the child do so with him or any other person.
Also when he manipulates any part of the body of the child so as to cause penetration or apply his mouth and makes the child do so with such person or any other person. Section 4 the prescribed punishment is imprisonment for either description for a term which shall not be less than seven years but which may extend to imprisonment for life, and shall also liable to fine.
Sexual Assault and punishment Therefore Section 7 defines sexual assault, Whoever, with sexual intent, touches the vagina, penis, anus or breast of the child or makes the child touch the vagina, penis, anus or breast of such person or any other person, or does any other act with sexual intent which involves physical contact without penetration is said to commit sexual assault.
Section 8 Whoever commits sexual assault shall be punished with the imprisonment of either description for a term which shall not less than three years but which may extend to five years, and shall also be liable to fine.
Section 12 prescribes the punishment of imprisonment for a term, which may extend to three years and shall also be liable to fine The aggravated form of sexual offences This act recognizes the aggravated form of the penetrative sexual assault and sexual assault when these are committed by the police officer, public servant, armed personnel, or member of security forces etc.
One can say that this act is quite more serious when the protector is the perpetrator. Section 5 — aggravated penetrative sexual assault and its punishment under Section 6 is minimum of 10 years of imprisonment which may extend to a term of life, and shall also liable for fine. Section 9 — aggravated sexual assault and its punishment under section 10 is a minimum of 5 years imprisonment which may extend to 7 years, and shall also liable for fine.
Using the child for pornographic purpose Section 13, using a child in any media, for the purpose of sexual gratification, which includes-Representation of sexual organs of a child. Engaging a child in real or simulated sexual acts. Indecent or obscene representation of child shall be guilty of using a child for pornographic purposes. Section 14 recognises different levels of punishment for the different level of actus rea. Generally, life imprisonment which may extend to 5 years is provided in Sub Section 1 , if a person using a child for pornography commits an offence under section 3 of the Act, by directly participating in the pornographic act, the prescribed punishment is life imprisonment and shall also be liable for fine.
When a person stores, for commercial purposes any pornographic material which is sexual exploitive of a child, shall be punished with imprisonment for 3 years or with fine or both.
Mandatory reporting of cases Where to complaint any offence relating to child sexual abuse? Section 19 1 makes it mandatory for any person, who has apprehension that an offence under this Act is likely to be committed or has knowledge that such offence has been committed, to report it either to the Special Juvenile Police Unit or to the Local Police. Section 20 requires a mandatory reporting, when any person encounters with any material or object with are sexually exploitative of the child.
The police officer while recording statement must not be in uniform and also make sure that at no point of time child come in contact in any way with the offender. No child shall be detained in the night for any reason. While trying an offence under this Act, a Special Court can also try an offence, with which the accused may, under the Code of Criminal Procedure, , be charged at the same time.
The burden of proof lies on accused section Special public prosecutor to be appointed by the state government, the person appointed must be in practice for at least 7 years.
The court presumes all the type of culpable mental state of the accused [section 30 1 ]. The court can take cognizance of any offence, without the accused being committed to it for trial, upon receiving a complaint of facts which discloses such offence [Section 33 1 ].
The court may permit frequent breaks for the child during a trial. The court shall not call the child repeatedly to testify. Protection of child victim On the reasonable grounds Special Juvenile Police Unit or Local Police, after recorded in writing, such child shall be provided with care and protection homes within 24 hours of the report [Section 29 5 ] The court shall create a child-friendly atmosphere by allowing a family, member, a guardian, a friend, or a relative in whom the child has trust.
Section 42A provides that the provisions of POCSO Act shall be in addition to and not in derogation with the provisions of any other law, and in case of inconsistency, the provisions of the POCSO Act shall have an overriding effect to the extent of the inconsistency. Section DB. Where woman under 12 years of age is raped by one or more persons, then each acting in furtherance of common intention of them shall be punished with life imprisonment, and fine, or with death.
Note: Such fine shall be paid to the victim and must be adequate to meet the medical expenses and rehabilitation of the victim. Chandrachud and Justice A.
No unnecessary adjournments should be allowed and the trial must be completed in a time-bound manner or within a specific time frame provided under the Act. To be established Special Courts, if the same has not been done already. The Director General of Police or the officer of equivalent rank shall constitute a Special Task Force which shall ensure that the investigation is done properly and witnesses are produced on the dates fixed before the trial courts.
Adequate steps to be taken to ensure the child-friendly atmosphere in the Special Courts. It is proposed to have one Sr. Initiating the campaign to create awareness through radio, television or media at regular intervals among the general public, children, and parents to prevent sexual abuse To monitor the appointment of Special Public Prosecutor by the State Governments.
To monitor the designation of special courts by the State Governments. To collect information and data and make the report about the number, details of offences reported under POCSO.
Addressed several cases of child abuse and recommended compensation for victims. Prepare a report on the factors responsible for the cause of child sexual abuse in India. In most of the cases, the offender is known to the victim which makes a child more vulnerable and suppress from reporting the heinous crime of child sexual abuse.
Sexual abuse scars the psyche of the affected child for the entire life. It is an easy and direct medium which allow children to file a complaint in case of sexual assault under the POCSO Act, If someone gives you a bad touch, show you bad pictures and you are not able to tell your parents Or anyone else than Tell us! There will be a page asking for picture options. The user has to select at least one picture from the option, fill the form and click on the submit button to register the complaint.
After this, an acknowledgement that the complaint has been registered along with the complaint number will be displayed.
Law Audience Journal
The need for making a separate law arose due to the incompetence in the present laws. POCSO law deals primarily with the violation of child rights where their sexual dignity is harmed. India has also ratified to the UN convention on Right to Child , which lays basic rights of the children of survival, development of their mental and physical potential and participation in family, cultural and social life. Child sexual abuse differs largely from adult sexual abuse. The child being a minor in most situations is unable to comprehend that his sexual identity is assaulted. Children often think that the wrongdoings happening with them are normal for every child.
POCSO Amendment Bill, 2019 – Free PDF Download
What is Child Abuse? Child Abuse can be the result of any form of abuse such as mental, physical, neglect, emotional, and sexual abuse. It occurs everywhere at different level of society, in educational institutions, workplaces, homes, neighbourhoods, and even at the places meant for child protection. Indian population is majorly covered by young generation and children are the future of the nation.
What is POCSO Act?
The Act seeks to protect children from offences such as sexual assault, sexual harassment, and pornography. The Department of Women and Child Development, Government of India, came into existence as a separate Ministry with effect from 30th January, , earlier since it was a Department under the Ministry of Human Resources Development. Andhra Pradesh, Assam, Bihar and Delhi reported the highest percentage of sexual abuse among both boys and girls. If such a crime has been committed on a child below the age of 16 years, then the punishment will be between 20 years to life.