{"id":78984,"date":"2021-01-29T18:30:11","date_gmt":"2021-01-29T13:00:11","guid":{"rendered":"https:\/\/blog.forumias.com\/?p=78984"},"modified":"2021-02-27T17:25:26","modified_gmt":"2021-02-27T11:55:26","slug":"what-is-the-pocso-act","status":"publish","type":"post","link":"https:\/\/forumias.com\/blog\/what-is-the-pocso-act\/","title":{"rendered":"What is the POCSO Act?"},"content":{"rendered":"

The Protection of Children from Sexual Offences Act (POCSO Act) enacted in 2012. The Act was formulated <\/span>to effectively address sexual abuse and sexual exploitation of children and pornography<\/span>.<\/span><\/p>\n

In 2019, The Act has been amended. The amendment contains provisions for enhancement of punishments for various offences, provides security and dignified childhood for a child.\u00a0<\/b><\/p>\n

Salient provisions of the Act:<\/b><\/p>\n

First, <\/b>The Act defines <\/b>Child as <\/b>any person below eighteen. The Act remains gender-neutral.\u00a0<\/span><\/p>\n

Second,<\/b> The Act also defines different forms of sexual abuse<\/strong>: <\/b>\u00a0including penetrative and non-penetrative assault<\/span>, as well as <\/span>sexual harassment and pornography<\/span>.<\/span><\/p>\n

Third,<\/b> The Act deems<\/strong> a sexual assault to be \u201caggravated\u201d: <\/b>If the abused child is mentally ill or the abuse is committed by a person in a position of trust or authority like a family member, police officer, teacher, or doctor.<\/span><\/p>\n

Fourth<\/strong>, The law provides for relief and rehabilitation as soon as the complaint is made<\/strong>. The Special Juvenile Police Unit or the local police will make immediate arrangements for the care and protection of a child. The arrangements such as obtaining emergency medical treatment for the child and placing the child in a shelter home etc.\u00a0<\/span><\/p>\n

Fifth<\/strong>, The Act has provisions for Mandatory reporting<\/strong>. <\/i><\/b>This casts a <\/span>legal<\/span> duty upon a person who has knowledge that a child has been sexually abused to report the offence.<\/span> If he fails to do so, he may be punished with six months\u2019 imprisonment and\/ or a fine<\/span>.<\/span><\/p>\n

Sixth<\/strong>, The Act provides for the establishment of Special Courts for the trial<\/strong> of offences under the Act.<\/p>\n

Lastly<\/strong>, The Act prescribes a maximum punishment of <\/i>life imprisonment or <\/em>the death penalty. The Act provides a mandatory minimum punishment<\/strong> of three years.<\/p>\n

What are the Safeguards available to Children?\u00a0<\/b><\/p>\n