The document provides an overview of the Protection of Children from Sexual Offences (POCSO) Act of 2012 in India. The Act aims to protect children from sexual abuse and exploitation. It defines a child as under 18 and different types of sexual offenses. The Act establishes child-friendly reporting and investigation procedures. It also mandates severe punishments including imprisonment for life for aggravated penetrative sexual assault. The Act tasks authorities like the police, courts, governments, and child rights organizations with protecting children and implementing the law.

1. POCSO Act -2012

2.  Details of the Presentation
 Points to know before you start
 What does the Act say?
 Child Friendly Procedures
 Punishment of Offences under this Act
 Additional Aspects of the Act
 Liable units
 Reference

3.  This presentation is intended to provide the reader an overview of this
Act.
 Prepared to help students, teachers, social activists to have a basic
understanding of this Act. This PPT could be used for educative/lecture
purposes.
 Reference links are given at the end of this presentation.

4.  POCSO Act, India 2012
◦ Address sexual abuse and sexual exploitation of children
◦ Received the President’s assent on 19th June 2012
◦ Notified in the Gazette of India on 20th June, 2012
 The Act defines
◦ A child as any person below eighteen years of age
◦ Different forms of sexual abuse, including penetrative and non-
penetrative assault
◦ And sexual harassment and pornography

5. The Act deems sexual assault to be “aggravated” under circumstances
 Like when abused child is mentally ill
 If the abuse is committed by a person in a position of trust or
authority like a family member, police officer, teacher, or doctor.
Police to play the role of child protectors during the investigative process.
Police personnel receiving a report of sexual abuse of a child is responsible
for
◦ making urgent arrangements for the care and protection of the child
◦ emergency medical treatment for the child
◦ placing the child in a shelter home
◦ bringing the matter in front of the Child Welfare Committee (CWC) if
needed.

6.  The Act
◦ Makes provisions for avoiding the re-victimisation of the child at the hands
of the judicial system
◦ Provides permission for special courts that conduct the trial in-camera and
without revealing the identity of the child, in a manner that is as child-
friendly as possible.
◦ Allows the child that he/she may have a parent or other trusted person
present at the time of testifying
◦ Allows the child to call for assistance from an interpreter, special educator,
or other professional while giving evidence.
Above all, the Act stipulates that a case of child sexual abuse must be
disposed of within one year from the date the offence is reported.

7.  The Act incorporates child friendly procedures for reporting, recording of
evidence, investigation and trial of offences. These include:
◦ Recording the statement of the child at the residence of the child or at the
place of his choice, preferably by a woman police officer not below the
rank of sub-inspector
◦ No child to be detained in the police station in the night for any reason.
◦ Police officer to not be in uniform while recording the statement of the
child
◦ The statement of the child to be recorded as spoken by the child
◦ Assistance of an interpreter or translator or an expert as per the need of
the child

8. ◦ Assistance of special educator or any person familiar with the manner of
communication of the child in case child is disabled
◦ Medical examination of the child to be conducted in the presence of the
parent of the child or any other person in whom the child has trust or
confidence.
◦ In case the victim is a girl child, the medical examination shall be conducted
by a woman doctor.
◦ Frequent breaks for the child during trial
◦ Child not to be called repeatedly to testify
◦ No aggressive questioning or character assassination of the child
◦ In-camera trial of cases

9.  Penetrative Sexual Assault (Section 3)
◦ Not less than seven years which may extend to imprisonment for life, and fine
(Section 4)
 Aggravated Penetrative Sexual Assault (Section 5)
◦ Not less than ten years which may extend to imprisonment for life, and fine (Section 6)
 Sexual Assault (Section 7)
◦ Not less than three years which may extend to five years, and fine (Section 8)
 Aggravated Sexual Assault (Section 9)
◦ Not less than five years which may extend to seven years, and fine (Section 10)
 Sexual Harassment of the Child (Section 11)
◦ Three years and fine (Section 12)
 Use of Child for Pornographic Purposes (Section 13)
◦ Five years and fine and in the event of subsequent conviction, seven years and fine
(Section 14 (1))

10.  The Act also provides for mandatory reporting of sexual
offences.
 The Act recognizes that the intent to commit an offence,
even when unsuccessful for whatever reason, needs to
be penalized.
 This casts a legal duty upon a person who has
knowledge that a child has been sexually abused to
report the offence; if he fails to do so, he may be
punished with six months’ imprisonment and/ or a fine.

11. Special Juvenile Police Unit (SJPU)
 To provide for relief and rehabilitation of the child, as soon as the
complaint is made to the Special Juvenile Police Unit (SJPU) or local
police, these will make immediate arrangements to give the child, care
and protection such as admitting the child into shelter home or to the
nearest hospital within twenty-four hours of the report.
Child Welfare Committee (CWC)
 The SJPU or the local police are also required to report the matter to
the Child Welfare Committee within 24 hours of recording the
complaint, for long term rehabilitation of the child.

12. Central and State Governments
 The Act casts a duty on the Central and State Governments to spread
awareness through media including the television, radio and the print
media at regular intervals to make the general public, children as well
as their parents and guardians aware of the provisions of this Act.
NCPCR and SCPCR
 The National Commission for the Protection of Child Rights (NCPCR)
and State Commissions for the Protection of Child Rights (SCPCRs)
have been made the designated authority to monitor the
implementation of the Act.

13.  http://www.childlineindia.org.in/The-Protection-of-
Children-from-Sexual-Offences-Act-2012.htm
 http://www.childlineindia.org.in/pdf/POCSO-ACT-
Gazette.pdf
 http://www.childlineindia.org.in/pdf/POCSO-
ModelGuidelines.pdf
Thank you!