NECESSITY AND INTRODUCTION TO POCSO ACT, 2012

The Protection of Children from Sexual Offences, 2012 also known as POCSO Act, came into force to protect the child community from different forms of sexual abuse. It is quite unfortunate to say that, our child community suffers from various types of sexual abuse. This is the reality of our society. In order to combat this problem, the POCSO Act was adopted and implemented. The Act came into force with effect from 14th November, 2012 along with the rules framed laid down therein.

The POCSO Act, 2012 is a statutory law providing for the protection of children from sexual abuse,sexual exploitation and pornography, while at the same time safeguarding the interests of the children at every stage of the judicial process by incorporating child-friendly mechanisms for reporting, recording of evidence,investigation and speedy trial of offences through established Special Courts.

Under this act, a child is identified as a person under the age of eighteen years of age. Persons who use children for sexual purposes are also liable to prosecution under the provisions of the Act. The police officer plays a significant part during the process. As soon as the report is recorded, the police personnel are responsible for making arrangements for the care and protection of child, such as obtaining emergency medical treatment for the child and putting the child in a shelter home. Police are also expected to notify the Child Welfare Committee(CWC) within 24 hours of receiving the report, so that CWC can make further decisions. These provisions of the act ensure that a medical examination is carried out in a way that the child is far less depressed as possible. The examination shall be carried out in the presence of a person whom the child feels safe and is particularly trustworthy of his or her parents.

Special court shall conduct a recording of the trial in- camera. Once the recording is made, no further recording shall be done, keeping in mind the welfare of the child. Having a child's atmosphere suitable is very essential when taking the child's statement. They are taken into the courtroom. The caretakers and the record holders are not permitted to come before the child in formal dresses. This is done in the child’s good faith, so that they do not get absolutely terrified. The act is not only enforced on its own. Government shall also assist in the implementation and execution of the act. It helps to involve social workers, professionals,experts or persons trained in or with knowledge of the child's psychology,physical health, and mental health of the child. Such child-related cases brought under the POCSO Act shall be brought before special courts, away from the regular trial.

All children should be treated with a degree of care and understanding. They should feel that the person to whom he is talking is not scary or intimidating. A neutral atmosphere shall be created prior to the beginning of the interrogation.

The Act also strengthened penalties under different parts of the Law, including penalties for aggravated penetrative sexual abuse, which must be expanded to include the death penalty. Certain provisions that have raised the sentence include the minimum punishment for penetrative sexual harassment, which has been raised from seven years to 10 years— and, if the victim is under 16 years of age, the minimum sentence has been increased to 20 years. The Act also tightened the provisions to combat child pornography. While the earlier Act placed a penalty for retaining child pornography for commercial purposes, the amendment contains a penalty for possession of pornographic material in any manner involving a child, even though the accused did not remove or destroy or disclose the same in an attempt to share it.

The Act also eliminated the words "communal or sect violence" that punished a person who sexually assaulted a child in the process of such violence. The terms were replaced by "abuse during any natural calamity or in related circumstances."

These changes in punishment have been made because, according to the National Crime Record Bureau, there has been a slight increase in crime from 2013 to 2016. There was also a need to lay down strict guidelines. Criticism arose after the death penalty was also applied to the law.

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