THE PROTECTION OF CHILDREN FROM SEXUALOFFENCES ACT,2012SUBMITTED BY:- MOHINI

WHAT IS POCSO ACT,2012 The Protection of Children from Sexual Offences

(POCSO) Act addresses crimes of sexual abuse and sexual exploitation of children. The Act prescribes five sexual offences against children –

penetrative sexual assault, aggravated penetrative sexual assault, sexual assault, aggravated sexual assault, sexual harassment, and using a child for pornographic purposes and prescribes the punishment for these offences. It

calls out that abetment of or an attempt to commit these offences is punishable under the Act.

GUIDE TO MANDATORY REPORTING Section 19 of POCSO Act, 2012 requires mandatory

reporting of cases of child sexual abuse to the law enforcement authorities, and applies to everyone including parents, doctors and school personnel.

Failure to report a suspicion of child abuse is an offence under the Act.

The legislation makes it clear that the reporting obligation exists whether the information was acquired through the discharge of professional duties or within a confidential relationship.

Any private person who fails to report suspected child abuse, having acquired the information in the discharge of his or her professional responsibilities, commits a summary conviction offence.

WHY REPORT? The purpose of reporting is to identify

children suspected to be victims of sexual abuse and to prevent them from coming to further harm. Without detection, reporting and intervention, these children may remain victims for the rest of their lives, carrying the scars of the abuse throughout their lives and even, in some cases, repeating the pattern of abuse with their own children.

However, the nature of sexual abuse, the shame that child victim feels and the possible involvement of a parent, family friend or other close person, makes it extremely difficult for children to come forward to report sexual abuse. This is why the law provides for mandatory reporting, placing the responsibility to report not on the child but on a surrounding adult who may be in a better position to help.

WHAT TO REPORT? A report of sexual abuse should contain the following

information, if it is known: i) The names and home address of the child and the child’s

parents or other persons believed to be responsible for the child’s care.

ii) The child’s present whereabouts. iii) The child’s age. iv) The nature and extent of the child’s injuries, including any

evidence of previous injuries. v) The name, age, and condition of other children in the

same household. vi) Any other information that you believe may be helpful in

establishing the cause of the abuse to the child. vii) The identity of the person or persons responsible for the

abuse or neglect to the child, if known viii)Your name and address.

WHOM TO REPORT Under Section 19.1 of the POCSO Act, any person who has

apprehension that an offence is likely to be committed or has knowledge that an offence has been committed, should bring the incident to the notice of the Special Juvenile Police Unit (SJPU) or the local police.

if one calls Childline on 1098, they will connect the concerned to the police and Child Welfare Committee.

PUNISHMENT FOR FALSE COMPLAINT OR FALSE INFORMATION any person, who makes false complaint or provides

false information against any person, in respect of an offence committed under sections 3, 5, 7 and section 9, solely with the intention to humiliate, extort or threaten or defame him, shall be punished with imprisonment for a term which may extend to six months or with fine or with both.

Where such information is provided against a child, the punishment may extend to one year.

Where the false complaint has been made and false information has been provided by the child,no punishment shall be imposed on such child.

WHAT IS THE SPECIAL COURT SUPPOSED TO TAKE CARE OF DURING THE TRIAL?

The trial at the Special Court must be conducted in-camera and in the presence of the child’s parents or any other person of the child’s choice.

During the course of the trial, all questions that the Special Public Prosecutor or the counsel for the accused, have for the child should be communicated to the Special Court, who in turn will put the questions to the child.

The Special Court should ensure that the child is not exposed to the accused, and arrange for the accused to hear the child’s statement and communicate with his lawyer. This is typically done by recording the evidence through video-conferencing or by using single visibility mirrors or curtains.

While recording the evidence of a disabled child, the assistance of a qualified special educator or a person familiar with the manner of communication of the child or an expert in that field, can be sought.

If the case is reported by a child, it should be recorded in a language that the child can understand. If the child cannot understand the language, the police must appoint a translator or an interpreter.

WHAT IS THE ROLE OF THE CHILD WELFARE COMMITTEE (CWC) UNDER THE POCSO ACT?

If the police/SJPU report indicates that a child is in need of care and protection, the CWC should decide whether the child needs to be removed from the custody of his family and placed in a children’s home/shelter, within three days. 

The family and custodian of the child must be informed that such a process in underway. The CWC must also consider the preference of the child and the need for the child to remain with family (in case of age, disability etc).

WHO IS THE SUPPORT PERSON The CWC provide support to the child during the

course of the investigative and trial. The support person can be an individual or

organisation working in the field of child rights, or an official from the shelter where the child is placed or an individual employed by the District Child Protection Unit (DCPU).  

CONCLUSION The POCSO ACT looks into support

system of children through a friendly atmosphere in the criminal justice system with the existing machinery i.e. the CWC and the commission. The positive aspect is the appointment of the support person for the child who would assist during investigation,pre trials and post trials. The major challenge also would be convergence between different entities under different legislations. The act makes it mandatory to report to the police about any offence defined under pocso Act, 2012.