All you need to know about protection of children from sexual offences pocso acti 1 why was the pocso act enacted. The pocso act 2012 defines a child as any person below the age of 18 years and provides protection to all children under the age of 18 years from sexual abuse. The pocso act hereinafter referred to as the act was enacted on 14 november 2012 throughout india, except the state of jammu and kashmir. An overview of the protection of children from sexual offences act, 2012 to deal with child sexual abuse cases, the government has brought in a special law, namely, the protection of children from sexual offences pocso act, 2012. Consider the following statements regarding the protection of children from sexual offences amendment bill, 2019. The act seeks to protect children from offences such as sexual assault, sexual harassment, and pornography. Brief analysis of the protection of children from sexual. The judicial process includes the provision of a special court for the trial of such enumerated offenses and its related kind. Protection of children from sexual offences act, 2012 india code.
Commission for protection of child rights rules, 2006 english, 919 kb commissions for protection of child rights act, 2005, 4021 kb right of children to free and compulsory education rules, 2010 english and hindi, 4595 kb right of children to free and compulsory education act 2009, 1520 kb. The act has come into force with effect from 14th november, 2012 along with the rules framed thereunder. The pocso amendment act, 2019 upsc notes for gs ii this article will describe in detail the proposed amendments to the pocso act. Act done by a person justified, or by mistake of fact believing himself justified, by law. Pocso amendment bill, 2019 with provision of death penalty. Download the protection of children from sexual offences act. In this blogpost, an effort is made by the author to give a brief analysis of the act by discussing its contents, jurisprudence and. The protection of children from sexual offences act 2012 pdf notes free and available here to download as a pdf. Cr sasikumar the union cabinet has approved amending the protection of children from sexual offences act, 2012 pocso, to introduce the death penalty as a punishment for offences of penetrative sexual assault and aggravated penetrative sexual assault sections 4, 5 and 6. The protection of children from sexual offences act pocso act 2012 was formulated in order to effectively address sexual abuse and sexual exploitation of children. The protection of children from sexual offences pocso act, 2012, is an initiative of our legislature to provide regulations to gradually mitigate this crime. Download the protection of children from sexual offences. The protection of children from sexual offences pocso act 2012 is applicable to the whole of india.
An easy guide to the protection of children from sexual offences pocso act and rules, 2012, 5291 kb user handbook on protection of children from sexual offences act, 2012, 5907 kb child victims of cyber crime legal tool kit, 3272 kb. With its enactment, india now has one of the most comprehensive and ambitious laws that not only allows justice for children who are victims of sexual offences but also takes into account the best interests and wellbeing of the child. The protection of children from sexual offences act, 2012 in marathi the protection of children from sexual offences rule, 2012 in marathi useful for all law students, police department, lawyers and common people also. The pocso act, 2012 is a comprehensive law to provide for the protection of children from the offences of sexual assault, sexual harassment and pornography. The protection of children from sexual offences act, 2912. Pocso amendment bill, 2019 free pdf download burning issues. Childline india foundation is the best ngo in india working for child labour, child trafficking, child abuse, child marriage, homeless child, conflict with the law and missing child. This implies that the liability that exists in the pocso act is strict liability, i.
The article is based on the recent amendments in the pocso act, 2012 and the concerns related to the newly introduced death penalty in the law as pointed in the article a point to ponder over in the pocso bill published in the hindu on 12 th august. It was established to protect the children against offences like sexual abuse, sexual harassment and pornography. Jun 26, 2017 role of cwc in pocso act child welfare committees cwc play a vital role under the pocso act, cases registered under this act need to be reported to the cwc within 24 hours of recording the complaint. These upsc notes on the pocso amendments and their significance are aligned with the upsc syllabus and aspirants should prepare this. It leads to grave physical and psychological effects on the body and mind of a child and dismantles the normal growth of a child. Contains all enforced central and state acts linked with subordinate data like rules,regulations,notifications,orders,circulars,ordinances,statutes. Read all news including political news, current affairs and news headlines online on pocso act today. On march, 2020, in exercise of the powers conferred by section 45 of the pocso act, 2012, the ministry of women and child development wcd, government of india goi, has notified the new protection of children from sexual offences pocso rules, 2020 by replacing the earlier 2012 rules.
In this article we have given all the reference books and book authors and topics and contents about the book the. In this blogpost, an effort is made by the author to give a brief analysis of the act by discussing its contents, jurisprudence and the major problem in its implementation. 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. On 26th august 2016, an online complaint box for reporting child sexual abuse, the pocso ebox was launched by the minister for women and child development, smt. The pocso act aims to provide and safeguard the interest and wellbeing of every child during the judicial process. The act casts the police in the role of child protectors during the investigative process. The charge was read over and explained to the accused person to which he pleaded not guilty and claimed to be tried. The protection of children from sexual offences act. Pocso is the acronym for protection of children against sexual offences act of 2012.
The protection of children from sexual offences act, 2012. Apr 21, 2018 pocso or the protection of children from sexual offences act pocso act 2012 was established to protect the children against offences like sexual abuse, sexual harassment and pornography. Aug 09, 2016 pocso act all you need to know connect with puthiya thalaimurai tv online. The pronoun used for the accused is he, thus, again, only a male can be booked for the offences under the relevant provisions of the pocso act. Pocso or the protection of children from sexual offences act pocso act 2012 was established to protect the children against offences like sexual.
And this approach has already been criticized in english law. Nov 22, 2016 on 26th august 2016, an online complaint box for reporting child sexual abuse, the pocso ebox was launched by the minister for women and child development, smt. The convictions for child sexual assault have steadily declined in the last 10 years despite the enactment of the pocso act, which provides for childfriendly procedures. The pocso act the mtp act ipas development foundation. Apr 28, 2018 govt proposes amendment of pocso act to make it genderneutral such a study was last conducted in 2007 by the wcd ministry that focused on child sexual abuse, where it was learnt that 53. Wcd ministry notifies new pocso rules 2020 with stringent. Bare acts related to childrennational commission for. The bill amends the protection of children from sexual offences act, 2012. Sexual violence is a grave problem in india, and child sexual abuse has been described as an epidemic. The department of women and child development, government of india, came into existence as a separate ministry. In 2012, the protection of children from sexual offences act, 2012 pocso act was created and passed to offer protection to children that may have suffered from sexual violence. The above set of provisions under the pocso act is a clear indication of the gender bias, similar to the law of rape under the ipc.
Pocso amendment bill, 2019 free pdf download burning. Parliament has passed the amendments in the protection of children from sexual offences pocso continue reading pocso act. Act likely to cause harm, but done without criminal intent, and to prevent other harm. Parliament passes pocso bill, 2019 free current affairs pdf. Protection of children from sexual offences pocso act 2012 and child sexual abuse csa ppt pdf. Pocso act laws and acts, case report, bail under the act. The union cabinet on saturday cleared the ordinance on pocso act whereby death penalty will be given to those convicted of raping a child up to 12 years of age.
Conclusion section 201 of the indian penal code prohibits causing any evidence of the commission of an offence to disappear with the intention of screening the offender from legal punishment. Govt proposes amendment of pocso act to make it genderneutral such a study was last conducted in 2007 by the wcd ministry that focused on child sexual abuse, where it was learnt that 53. Pocso amendment bill, 2019 free pdf download the bill amends the protection of children from sexual offences act, 2012. The protection of children from sexual offences act, 2012no. Protection of children from sexual offences act, 2012 bare. The protection of children from sexual offences amendment. The protection of children from sexual offences act, 2012 long title. The pocso act was passed to strengthen legal provisions for the protection of children below 18 years of age from sexual abuse and exploitation. Under this act, if any girl under 18 is seeking abortion the service provider is compelled to register a complaint of sexual assault with the police. An act further to amend the protection of children from sexual offences.
These upsc notes on the pocso amendments and their significance are aligned with the upsc syllabus and aspirants should prepare this topic for general studies paper ii. The act draws its powers from the constitution and the convention on the rights of the child. It is description of protecting children from sexual offences act 2015. Crucially, section 201 includes an important intent component.
The cwc should take into account the opinion of the child to decide on the case within three days and conclude whether the child should remain. The protection of children from sexual offences amendment bill, 2019 was introduced in rajya sabha by the minister of women and child development, ms. Pocso act has been birthed out of the very need to enact a specific legislation to tackle with the increasing sexual abuse against children in form of abuses like rape, pornography, various forms of penetration and criminiliases acts of immodesty against children too. Sexual contact between two adolescents or between an adolescent and an adult are considered illegal under the pocso act 2012, because no exception has been granted in the act under which an act of sexual encounter with a person under 18 is an offence irrespective of consent or the gender or marriage or age of the. Protection of children from sexual offences act, 2012. Role of cwc in pocso act child welfare committees cwc play a vital role under the pocso act, cases registered under this act need to be reported to the cwc within 24 hours of recording the complaint. Special law for the first time, a special law has been passed to address the issue of sexual offences against children. Protection of children from sexual offences amendment bill. The pocso amendment act, 2019 upsc notes gs ii on pocso. Act done pursuant to the judgment or order of court. Sexual abuse of children prevention and need for stringent provisions. Sexual abuses on children are a big blot on society at large as it shooks the human consciousness of the society and retard the normal healthy growth of children. What does pocso mean protection of children from sexual offences pocso act, 2012, deals with sexual offenses against persons below 18 years of age, who are deemed as children.
Pocso act all you need to know connect with puthiya thalaimurai tv online. Jan 31, 2015 this implies that the liability that exists in the pocso act is strict liability, i. Existing laws ipc, it act, 2000 and jj act, 2000 not enough to address sexual offences no specific provisions or laws for dealing with. According to national crime records bureau around 89% in 2016 of the total cases before the courts are pending trial while the pendency rate at the police investigation stage is 31%. An act to protect children from offences of sexual assault, sexual harassment and pornography and provide for establishment of special courts for trial of such offences and for matters connected therewith or incidental thereto. Jan 03, 2019 sexual violence is a grave problem in india, and child sexual abuse has been described as an epidemic. Before the passing of this act, sexual offences were covered under different sections of ipc, and did not provide for all types of sexual offences against children there was also no distinction between an adult and a child victim. It was formed to provide a childfriendly system for trial underneath which the perpetrators could be punished. Uttar pradesh has the most cases pending over 44,000 followed by maharashtra over 19,000 cases. Countdown for upsc to announce date for prelims 2020 topics covered. Get all the latest news and updates on pocso act only on. Aug 03, 2019 countdown for upsc to announce date for prelims 2020 topics covered. Best ngo in india to support child right childline india. Apr 08, 2019 the protection of children from sexual offences act 2012 pdf notes free and available here to download as a pdf.
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