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WHAT IS 'POCSO'?  

Protection of Children From Sexual Offences (POCSO) Act, 2012 is a law passed by the Union Government of India on June 19, 2012 to protect children from offences of sexual assault, sexual harassment and pornography and provide for establishment of Special Courts for speedy trial of such offences. 

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According to the National Crime Records Bureau Report 2022, 34% of registered crimes against children were sexual offences. There is an alarming need to sensitise stakeholders and the community in the prevention of these crimes and in order to do so, the Act was passed (in 2012) to to enact a self contained comprehensive legislation to provide for protection of children from offences of sexual assault, sexual harassment and pornography with due regard of safeguarding the interest and well being of the child at every stage of the judicial process, incorporating friendly procedures for reporting, recording of evidence, investigation and trial of offences. The other objective of the Act is also to enforce strict punitive action against offenders and perpetrators of such gruesome acts  against children. â€‹â€‹

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Under this Act sexual offence against children broadly includes:

  1. The inducement or coercion of a child to engage in any unlawful sexual activity

  2. The exploitative use of children in prostitution or other unlawful sexual practises

  3. The exploitative use of children in pornographic performances and materials

WHAT IS SEXUAL HARASSMENT?  

A person is said to commit sexual harassment upon a child when such person with sexual intent-

  • utters any word to make a sound, or makes any gestures or exhibits any object or part of the body with the intention that such word or sound shall be heard, or such gesture or object or part of the body shall be seen by the child. 

  • makes a child exhibit his body or any part of his body so as it is seen by such person or any other person

  • shows any object to a child in any form or media for pornographic purposes

  • repeatedly or constantly follows or watches or contacts a child either directly or through electronic, digital or other means, or

  • threatens to use, in any form of media, a real or fabricated dipiction of the child or the involvement of the child in a sexual act

  • entices a child for pornographic purposes or gives gratification therefor.  

REPORTING A CASE OF SEXUAL HARASSMENT OR SEXUAL ABUSE

1. Any person including the child who even has an apprehension that an offences under this Act is likely to be committed or has knowledge that such an offence has been committed, that individual can provide such information to: 

  • The Special Juvenile Police Unit

  • The Child Welfare Police Office at the local police station

 

2. Every complaint registerd will be alloted an entry number and must be recorded in writing. The report will be read to the informant and shall be entered in a book to be kept by the Police Unit. Where the report is given by a child, the same shall be recorded in simple language so that the child can understand contents being recorded. If the child is unable to understand, an interpreter or professional deemed capable of the explaining to the child in a language the child will understand must be deployed by the police. 

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3. If the Police is convinced that the minor vistim is one in need of care and protection they may take the necessary stepts of the protection and rehabilitation of the child. 

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4. The police without unnecessary delay and within 24 hours will report the case to the Child Welfare Committee and a special court or the court of sessions to initiate the judicial trial. 

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The following diagram will help us understand the child protection machinery for such cases. 

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