Edited By: Pragati Bhandari

Definition of Child

The Act defines a "child"  as any person below the age of 18 years.

Sexual Offences

The POCSO Act specifies various sexual offenses against children, including but not limited to

a. Penetrative Sexual Assault

Any form of penetration involving a child's body parts or objects, or making the child do the same with someone else.

b. Non-Penetrative Sexual Assault

Touching, fondling, or any other act with sexual intent without penetration.

c. Sexual Harassment

Passing sexually colored remarks, making sexual gestures, or engaging in any other behavior with sexual intent that creates an uncomfortable environment for the child.

d. Using a child for Pornographic Purposes

Engaging a child in any act of sexual explicitness, or creating, publishing, distributing, importing, or selling child pornography.

e. Abetment and Attempt

Punishing attempts  to commit the aforementioned offenses or aiding, abetting, or conspiring to commit them.

Reporting

The Act mandates that any person, having knowledge or reason to believe that an offense has been committed under the POCSO Act, must report it to the nearest police station or a Special Juvenile  Police Unit or the Local Child Welfare Committee. Failure to report such offenses is considered an offense under the Act.

Child-Friendly Procedures

The Act ensures that procedures for reporting, recording of evidence, investigation, and trial are conducted in a child-friendly manner to reduce trauma and anxiety for the child. This includes the provision of video recording of the statement of the child during the investigation and trial.

Special Courts

The Act provides for the establishment of Special Courts to exclusively deal with cases under the POCSO Act.

Time-Bound Trials

The Act aims to expedite the trial process to ensure quick justice for the victims. It specifies that the trial should be completed within a period of one year from the date of taking cognizance of the offense.

Punishment

The Act prescribes stringent punishments for the offenders, including imprisonment ranging from a few years to life imprisonment, depending on the nature and severity of the offense. In some cases, the death penalty can also be imposed.

Protection of  the Child

The Act focuses on the rehabilitation and protection of the child throughout the investigation and trial process. It ensures that the child's identity is not disclosed, and provisions for the child's care, support, and protection are made.