POCSO: Objects and Scheme

In one line

A gender-neutral, graded, presumption-backed statute with a court of its own and a procedure written so that the trial does not repeat the offence.

In the wording a student can write in an exam: the Protection of Children from Sexual Offences Act 2012, Act 32 of 2012, in force from 14 November 2012, was enacted because the Penal Code contained no offence framed for a child, because its definitions were confined to particular acts against a female, and because India's obligations under article 34 of the Convention on the Rights of the Child required a dedicated law. Section 2(1)(d) defines a child as any person below EIGHTEEN, and the Act is GENDER-NEUTRAL as to both victim and, in most sections, offender. It grades the offences: penetrative sexual assault in sections 3 and 4, its aggravated form in sections 5 and 6, sexual assault in sections 7 and 8, its aggravated form in sections 9 and 10, sexual harassment in sections 11 and 12, and the use of a child for pornographic purposes and the storage of such material in sections 13 to 15. It creates a duty to report in section 19, a Special Court in section 28, presumptions in sections 29 and 30, and a child-friendly procedure in sections 24 to 27 and 33 to 40.

Why the Act was needed

The Penal Code's rape provision was confined to a woman, so a boy who was assaulted had only the general provisions on unnatural offences or on assault.

It required penetration of a particular kind, so the acts most commonly committed against a young child were not rape at all.

It had no offence of non-contact sexual conduct against a child, such as showing pornography to a child or making a child exhibit the body.

It had no procedure for a child witness, so a child was examined like an adult, in open court, in the presence of the accused, often years later.

And there was no duty to report, so the person who knew was under no obligation.

The Convention. Article 34 requires States Parties to protect the child from all forms of sexual exploitation and sexual abuse and to take measures to prevent inducement or coercion into unlawful sexual activity, exploitative use in prostitution, and exploitative use in pornographic performances and materials. The preamble to the Act recites it.

The definitions

Section 1. The short title, extent and commencement: the whole of India, in force from 14 November 2012.

Section 2(1)(d), child. Any person below the age of eighteen years. No exception, no marital exception, and no distinction of sex.

Section 2(1)(a), (b) and (c). Aggravated penetrative sexual assault and aggravated sexual assault, with the meanings in sections 5 and 9; and armed forces or security forces as specified in the Schedule.