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Protection Of Children from Sexual Offenses (POCSO) Act, 2012

Updated: Nov 9, 2020

By

Tamil Selvi M, III year of B.A.,LL.B.


The upcoming world depends on the future generations but in the present-day offences against children rapidly increase day to day life. Mainly female children face lots of sexual problems in their life. Society becomes unsafe for both male and female children. Crimes against them like sexual assault, sexual harassment, aggravated sexual assault, pornography. For preventing children from these crimes, the Government enforced an act called POCSO act, 2012.

POCSO Act

POCSO - Protection Of Children from Sexual Offences Act, 2012. This act covers the crimes against the children below 18 years for both male and female children. It also mentioned punishment for the crime mentioned by this act. It consists of 49 sections and IX chapters. This act applies to the whole India including Jammu and Kashmir based on Act 34 of 2019. Here I mentioned chapter -II crimes mentioned in the POCSO Act, 2012 and punishments for those crimes.

Chapter - II

Chapter II of POCSO act deals with sexual Offenses against children sections 3 - 12 comes under this chapter. Sexual Offenses against children is divided into five types.

1. Penetrative Sexual assault

2. Aggravated penetrative Sexual assault

3. Sexual assault

4. Aggravated sexual assault

5. Sexual harassment

1. Penetrative sexual assault

Penetrative sexual assault and its punishment come under section 3 & 4 of this act. Section 3 defines if a man penetrates his or other person's penis or any other objects into the child's mouth, vagina, urethra or anus or makes the child do like with him or with any other person or, A man applies his or other person's mouth on the child's vagina, urethra, anus or makes the child do so with that person or other person.

Punishment for the penetrative sexual assault is imprisonment which not less than seven years or may extend to the whole life of the person who commits the offence and also he liable with fine. It comes under section 4 of this act.

2. Aggravated penetrative sexual assault

A person being a police officer, or a member of armed forces, any public servant, the staff of a jail or remand home or protection home, the staff of any private or public hospital, or any educational institution or any religious institution, any group of persons commits penetrative sexual assault on a child or a person using any weapons on child and commits penetrative sexual assault causing grievous hurt and also attempt to murder or taking the child's mental illness for their advantages or a person commits penetrative sexual assault one or more time repeatedly on the child or a person commits these offences on a child who below 12 years or a person who is a guardian or blood relationship with child commit penetrative sexual assault and a person commit this offence on a child knowing that she is pregnant. These are mentioned in section 5 of the POCSO Act, 2012

Rigorous imprisonment was not less than ten years which may extend to the whole of the person and also he is liable for fine these are the punishments for section 5 which is coming under section 6.

3. Sexual assault

If a person touches the child vagina, penis, anus, urethra or breast with sexual intention or makes the child touch these parts of that person or other person or any physical content on the child with sexual intent without penetration. These are the sexual assault defined in section 7 of these activities.

Punishment for sexual assault is Imprisonment not less than three years which may extend to five years and also liable for fine. It comes under section 8 of the POCSO Act,2012.

4. Aggravated sexual assault

I. Police officers or,

II. Military officers or,

III. Staff of any educational institution or religious institution or,

IV. Doctor or,

V. A person having a blood relationship with the child or,

VI. A guardian of the child or,

VII. A member of child protection home or,

VIII. Staff of a remand home or jail staff or,

The above-mentioned persons whoever committed sexual assault on the child come under section 9 Aggravated sexual assault.

Punishment for aggravated sexual assault is imprisonment not less than five years may extend to seven years and also liable with the fine. It is mentioned in section 10 of this act.

5. Sexual harassment

I. A Man makes any sounds or said any words or symbols or shows any object or any part of their body to the child or,

II. Makes the child exhibit their body or any part of his body that was seen by him or other person or,

III. A person shows any pornographic form of media to the child or,

IV. A person continuously follow or contact a child directly or through any electronic form or,

V. A person threatens a child to use them in a media or film or any digital way for a sexual act or,

VI. Force the child to give a pose for gratification or pornographic purposes

These all activities are done with sexual intent is known as sexual harassment mentioned in section 11 of POCSO act, 2012.

Punishment for sexual harassment is imprisonment for a term may extend to three years and also liable with the fine. Punishment for section 11 is coming under section 12 of the POCSO act, 2012.

Conclusion

Before POCSO act, 2012 sexual Offences on child deals by Indian penal code, 1860. No one is free from the law when they commit any offences. The above shows the chapter II of POCSO ACT.