PROTECTION OF CHILD FROM SEXUAL OFFENCES ACT, 2012 [ Salient features]

It has to be noted that the act does not use the term rape commonly. This is because it does not restrict the sexual act to just penetration. Section 326 of the act has taken the penetrative sexual assault in a broader aspect. It includes oral sex, penile sex as well as insertion of any foreign object into anus, mouth or vaginal. In the case of State v. Pankaj Chaoudhary was
prosecuted for the outrage of the modesty women because of the digital penetration of anus and vaginal of a 5-year-old girl child. The Delhi high court in 2011 had not recognized this as rape as it was not recognized in the IPC. Therefore, this led to the expansion of the definition of penetration under the POCSO act, 2012.

POCSO act is a comprehensive act. This has widened the thinking of law experts and practitioners. Section 11(iv) of the act has also managed to include the into the definition of the sexual assault, repeated and constant following, watching or getting in contact with the child both directly and through electronic media. All these acts have to be with the intent of a sexual act. Therefore, this has also included cyberbullying in its definition.

Regardless of the expansion, the act has also tried to add certain offences in ‘aggravated’ offences. These include when the rape has been committed by personnel in authority; if it is a gang rape which causes grave bodily harm, or it is done by personnel who is the possession of ammunition. These are just a few examples, as stated in section .

Section 13 of the act hold any person who uses the child for pornography liable under the act. It includes sexual usage of the child, engaging him/her in real or simulate a child (penetration or non-penetration) and indecent or obscene representation of the child.

The POCSO Act also makes it an offence if any person stores any pornographic material that contains a child. To make the act wider, it also holds the abetment for committing such an offence punishable.

The legislator has also made this act as gender-neutral. Therefore, it protects children irrespective of its gender, unlike the Rape provision in the IPC.

One of the special provision regarding the reporting of the offences of POCSO act. The act has laid the responsibility on the society for reporting the crime under this act. They can report the crime that they know has occurred or the act that might take place. The crime has to be reported to the SJPU (Special Juvenile police unit.)

The act also holds the person liable who does not report such crimes for an imprisonment of 6 months or fine or both in some situation.

It also lays down that the medical test of the child has to happen within 24 hours of the knowledge of the crime. The examination has to be in the presence of a person whom the child trusts.

Aishwarya Says:

I have always been against Glorifying Over Work and therefore, in the year 2021, I have decided to launch this campaign “Balancing Life”and talk about this wrong practice, that we have been following since last few years. I will be talking to and interviewing around 1 lakh people in the coming 2021 and publish their interview regarding their opinion on glamourising Over Work.

If you are interested in participating in the same, do let me know.

Do follow me on FacebookTwitter  Youtube and Instagram.

The copyright of this Article belongs exclusively to Ms. Aishwarya Sandeep. Reproduction of the same, without permission will amount to Copyright Infringement. Appropriate Legal Action under the Indian Laws will be taken.

If you would also like to contribute to my website, then do share your articles or poems at adv.aishwaryasandeep@gmail.com

We also have a Facebook Group Restarter Moms for Mothers or Women who would like to rejoin their careers post a career break or women who are enterpreneurs.

We are also running a series Inspirational Women from January 2021 to March 31,2021, featuring around 1000 stories about Indian Women, who changed the world. #choosetochallenge

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out /  Change )

Google photo

You are commenting using your Google account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s

This site uses Akismet to reduce spam. Learn how your comment data is processed.