(Protection of Children from Sexual Offences) Act, 2012

1.  It was enacted in consequence to India’s ratification of the UN Convention on the Rights of the Child in 1992.
2. AIM: To address offences of sexual exploitation and sexual abuse of children, which were either not specifically defined or in adequately penalised.
3. The Act was amended in 2019, to make provisions for enhancement of punishments for various offences so as to deter the perpetrators and ensure safety, security and dignified childhood for a child.

Feature of POCSO Act

• Gender-Neutral Nature –  gender-neutral tone for the legal framework available to child sexual abuse victims by defining a child as “any person” under the age of 18.
• Ease in Reporting Cases– A victim can report an offence at any time, even a number of years after the abuse has been committed.
• Explicit Definition of Terms– storage of child pornography material has been made a new offence. Offence of ‘sexual assault’ has been defined in explicit terms.
• Maintaining confidentiality of the victim’s identity

 Issues with the POCSO Act

• Issue with the Investigation
  1. Low Representation of Women in the Police Force
  2. Lapses in the Investigation
  3. Absence of proper infrastructure to ensure the integrity of electronic evidences.
  4. No Examination by Judicial Magistrates
• Issue of Age Determination
  1.  age determination of a juvenile is guided by  Juvenile Justice (Care and Protection of Children) Act.
  2. Age estimation based on medical opinion is generally so wide in scope.
• Delays in the Filing of Charges
• No Conditions to Prove Recent Intercourse

Way forward

• The POCSO Act already makes the procedure child friendly and this approach should be followed by the judicial officers, magistrates, and police officers so that the child victims could repose trust in them.
• Adequate Resources
• Training for Investigating Officers
• Special Courts for POCSO Cases
• Public Awareness
• Timely Medical Examination

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