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POCSO Act
On 14th November, 2012, a new law was enacted, the Protection of Children from Sexual Offences (POCSO) Act, which brought in major changes in the law related to sexual violence, as far as children below 18 years are concerned.
On 14th November, 2012, a new law was enacted, the Protection of Children from Sexual Offences (POCSO) Act, which brought in major changes in the law related to sexual violence, as far as children below 18 years are concerned. It made the law gender neutral and brought within its purview sexual assault of both girls and boys below the age of 18 years.
This statute received any media attention only in January 2013, when, after the gruesome gang rape and murder of a 23 year old para-medic in Delhi. In response, the government formulated a new law to deal with sexual violence. Important provisions under the POCSO Act, 2012: Victim under the Act: Any person, both male and female, below the age of 18 years; Accused under the Act: Any person, both male and female, adult or child.
Also note that the POCSO Act does not use the word “rape” and uses instead the word “sexual assault”. The definition is very wide and includes a range of offences including non-penetrative sexual abuse and also oral and anal sex and insertion of objects into the vagina, anus or other body orifices. If grave harm is caused to the victim or if the offence is committed by a person in authority, the offence is termed as “aggravated” offence.
All offences under the POCSO Act are considered as grave offences. Hence they are non-bailable and cognisable and the trial are to be conducted by the Court of Sessions. While Lodging the First Information Report (FIR) at the police station: A victim need not come to the police station to lodge the FIR. The same can be given to the police by a relative or a friend who will be the complainant. Failure to record an FIR is a cognizable offence.
After the FIR is lodged, the police will record a detailed statement of the victim regarding the crime. If the victim is a child, the statement shall be recorded at a place where the child resides or where the child feels comfortable. A person who the victim trusts shall be present at the time of medical examination. A female victim shall be examined only by a lady doctor. The POCSO Act provides for setting up of special child friendly courts to conduct the trial.
