The full name of the POCSO Act is the Protection of Children from Sexual Offenses Act. It is also called बाल यौन अपराध संरक्षण अधिनियम in Hindi. This law was brought in 2012. The biggest reason for bringing it was to protect minor girls in cases of sexual harassment. However, this law applies to both boys and girls under 18 years of age. There is also a provision for strict punishment if found guilty under POCSO, earlier there was no provision for the death penalty, but later punishment like life imprisonment was also added to this law.
What is the provision of punishment in the POCSO Act?
Various types of punishments have been provisioned in the POCSO Act. In this, the culprit can be punished from 20 years in jail to life imprisonment. Apart from this, a fine may also have to be paid. Let us now know what punishment has been provided for which crime.
- Anyone found guilty of using a child for pornography can face a jail term of up to 5 years and a fine.
- If a child is caught using a child for pornography for the second time, he may have to face 7 years in jail and a separate fine.
- There is also a provision for punishment for collecting indecent photographs of a child or sharing them with anyone.
- In such cases, the culprit can be sentenced to three years in jail or both jail and a fine.
- If convicted of penetrative sexual assault on a child under the age of 16, the punishment ranges from 20 years in prison to life imprisonment.
- However, if a minor dies in this case, then the culprit can also be given the death penalty.
Key Features of the POCSO Act
Here are the details of its key features:
- Objective: POCSO aims to provide a comprehensive legal framework to address sexual assault, harassment and pornography involving children.
- Scope: The Act applies to all children under the age of 18 and is gender-neutral, meaning it protects both boys and girls.
- Offences: POCSO defines various offences against children, including penetrative sexual assault, sexual assault, sexual harassment and pornography. The penalties for these crimes are severe and can range from several years in prison to life imprisonment, with the possibility of the death penalty in some cases.
- Child-Friendly Procedures: POCSO recognizes the vulnerability of child victims and sets out procedures for reporting, investigation and testing that are sensitive to the needs of the child. It includes provisions for recording evidence in a child-friendly manner and setting up special courts for speedy trials.
- Support for victims: The Act recognizes the need for support services for child victims of sexual offences. It mandates the establishment of child welfare committees and special courts to ensure the well-being of the victim during the legal process.
POCSO is an important law in India’s fight against child sexual exploitation. This has helped strengthen children’s legal safeguards and improve response systems to these heinous crimes.
Who could be guilty?
It should also be clarified that not only men are punished under the POCSO Act, but if a woman has also committed a sexual offence, the woman is also given the same punishment if found guilty. Apart from this, its victim can be not only a girl but also a child. Many cases of sexual harassment of minor children also keep coming to light. In such a situation, under this law, there is a provision of equal punishment for all the people who commit crimes and if the victim is a child, then provision of equal justice has been made for him also.
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