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POCSO Act -2012
 Details of the Presentation
 Points to know before you start
 What does the Act say?
 Child Friendly Procedures
 Pun...
 This presentation is intended to provide the reader an overview of this
Act.
 Prepared to help students, teachers, soci...
 POCSO Act, India 2012
◦ Address sexual abuse and sexual exploitation of children
◦ Received the President’s assent on 19...
The Act deems sexual assault to be “aggravated” under circumstances
 Like when abused child is mentally ill
 If the abus...
 The Act
◦ Makes provisions for avoiding the re-victimisation of the child at the hands
of the judicial system
◦ Provides...
 The Act incorporates child friendly procedures for reporting, recording of
evidence, investigation and trial of offences...
◦ Assistance of special educator or any person familiar with the manner of
communication of the child in case child is dis...
 Penetrative Sexual Assault (Section 3)
◦ Not less than seven years which may extend to imprisonment for life, and fine
(...
 The Act also provides for mandatory reporting of sexual
offences.
 The Act recognizes that the intent to commit an offe...
Special Juvenile Police Unit (SJPU)
 To provide for relief and rehabilitation of the child, as soon as the
complaint is m...
Central and State Governments
 The Act casts a duty on the Central and State Governments to spread
awareness through medi...
 http://www.childlineindia.org.in/The-Protection-of-
Children-from-Sexual-Offences-Act-2012.htm
 http://www.childlineind...
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This Presentation gives the overview of this important Act against sexual harassment of the children

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Protection of children from sexual offences act, India 2012

  1. 1. POCSO Act -2012
  2. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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!
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This Presentation gives the overview of this important Act against sexual harassment of the children

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