Offences under POCSO Act and Punishments

1. Introduction

The Protection of Children from Sexual Offences Act, 2012 (POCSO Act) was enacted to safeguard children from sexual offences such as sexual assault, sexual harassment, and pornography. It establishes stringent penalties for these offences and creates a special framework for reporting, recording, investigation, and trial of offences involving minors (children below 18 years) in a child-friendly manner.

Key Provisions of POCSO Act

  • It is gender-neutral, applying to all children under 18 years.
  • Defines various sexual offences explicitly.
  • Establishes Special Courts for speedy trials.
  • Mandates child-friendly procedures for investigation and trial.
  • Provides for stringent punishment for offenders.

2. Categories of Offences under the POCSO Act

A. Penetrative Sexual Assault (Section 3 & 4)

Definition (Section 3)

A person is said to commit penetrative sexual assault if they:

  1. Penetrate their penis into a child’s vagina, mouth, urethra, or anus or make the child do so with them or another person.
  2. Insert any object or body part (excluding the penis) into the vagina, urethra, or anus of the child.
  3. Manipulate any part of the child’s body to cause penetration.
  4. Apply their mouth to the child’s genital area.

Punishment (Section 4)

  • Minimum: 10 years of rigorous imprisonment.

  • Maximum: Life imprisonment.

  • Fine: Mandatory, reasonable, and just.

  • Enhanced punishment for victims below 16 years:

    • Minimum: 20 years of rigorous imprisonment.
    • Maximum: Life imprisonment for the remainder of natural life.

B. Aggravated Penetrative Sexual Assault (Section 5 & 6)

Definition (Section 5)

An offence becomes Aggravated Penetrative Sexual Assault when:

  1. Committed by police officers, public servants, teachers, or doctors.
  2. Committed against a child under 12 years of age.
  3. Committed by a person in a position of trust or authority.
  4. Committed repeatedly against the same child.
  5. Results in grievous bodily harm, mental illness, pregnancy, or the transmission of HIV.

Punishment (Section 6)

  • Minimum: 20 years of rigorous imprisonment.
  • Maximum: Life imprisonment or Death penalty.
  • Fine: Mandatory, payable to the victim for medical and rehabilitation expenses.

C. Sexual Assault (Section 7 & 8)

Definition (Section 7)

A person commits Sexual Assault if they:

  • Touch a child’s vagina, penis, anus, or breast with sexual intent.
  • Make the child touch their own body parts or any other person’s body parts.
  • Perform any physical act with sexual intent without penetration.

Punishment (Section 8)

  • Minimum: 3 years of rigorous imprisonment.
  • Maximum: 5 years.
  • Fine: Discretionary.

D. Aggravated Sexual Assault (Section 9 & 10)

Definition (Section 9)

Sexual Assault becomes Aggravated when:

  1. The accused is a public servant, police officer, or member of the armed forces.
  2. The offence is committed against a child below 12 years.
  3. The accused is a relative, guardian, or any person in a position of trust.
  4. The offence results in grievous injury, mental illness, or permanent disability.

Punishment (Section 10)

  • Minimum: 5 years of rigorous imprisonment.
  • Maximum: 7 years.
  • Fine: Discretionary.

E. Sexual Harassment (Section 11 & 12)

Definition (Section 11)

A person commits Sexual Harassment against a child if they:

  1. Make sexually suggestive gestures, remarks, or sounds.
  2. Show pornography or any obscene material to a child.
  3. Repeatedly stalk or contact a child with sexual intent.
  4. Threaten to use a child’s obscene images in any form of media.

Punishment (Section 12)

  • Up to 3 years of imprisonment.
  • Fine: Mandatory.

F. Use of Children for Pornographic Purposes (Section 13, 14 & 15)

Definition (Section 13)

A person is guilty of using a child for pornographic purposes if they:

  1. Use a child in any form of media for sexual gratification.
  2. Involve the child in real or simulated sexual acts.
  3. Represent the sexual organs of a child in any indecent manner.

Punishment (Section 14)

  • First Offence: Minimum 5 years of imprisonment.

  • Subsequent Offence: Minimum 7 years of imprisonment.

  • If the offender commits other sexual offences while making pornography (Sections 3, 5, 7, 9):

    • Additional punishment under Sections 4, 6, 8, and 10.

  • Storage of Child Pornography (Section 15):

    • First Offence: Fine of ₹5,000.
    • Subsequent Offence: Fine of ₹10,000.
    • If stored for transmission: 3-7 years of imprisonment.

G. Abetment and Attempt (Section 16-18)

  • Abetment of an Offence (Section 16 & 17):
    • Punishable with the same punishment as the main offence.
  • Attempt to Commit an Offence (Section 18):
    • Punishable with half the punishment prescribed for the actual offence.

3. Mandatory Reporting and Legal Obligations (Section 19-22)

Reporting of Offences (Section 19)

  • Any person (including the child) who has knowledge of or apprehends an offence must report it to the Special Juvenile Police Unit (SJPU) or the local police.

Obligation of Media and Institutions (Section 20)

  • Media houses, hotels, lodges, hospitals, studios, or any facility must report any material involving child sexual abuse.

Punishment for Failure to Report (Section 21)

  • General Public: Up to 6 months of imprisonment or fine.
  • Institutions (Schools, Hospitals, etc.): Up to 1-year imprisonment or fine.

False Complaints and False Information (Section 22)

  • If a false complaint is filed with malicious intent, the person is liable for 6 months to 1-year imprisonment.
  • Children filing false complaints are exempted.

4. Procedural Aspects and Trials under POCSO

Special Courts and Speedy Trials (Sections 28-38)

  • Designation of Special Courts (Section 28):
    • Established in every district for handling POCSO cases.
  • Presumption of Guilt (Section 29):
    • The burden of proof lies on the accused.
  • Protection of Child Identity (Section 33(7)):
    • No media disclosure.
  • In-Camera Trials (Section 37):
    • Trials to be conducted privately.
  • Time-bound Trial (Section 35):
    • Must be completed within one year.

5. Conclusion

The POCSO Act ensures stringent punishment for offences against children. The emphasis on child-friendly procedures and fast-track courts makes it a landmark legislation in protecting children’s rights. However, proper implementation and awareness among law enforcement agencies, schools, and the general public are necessary to achieve its objectives effectively.

Share this :
Facebook
Twitter
LinkedIn
WhatsApp
Author picture