What is POCSO Act? Here's everything you need to know about children's protection Act

The Protection of Children from Sexual Offences (POCSO) Act has been in the news recently after a controversial judgement by the Allahabad HC for reducing the sentence handed down to a man convicted of forcing a child to perform an oral sex act, because of an incorrect application of the Protection of Children from Sexual Offences (POCSO) Act. Earlier in the year 2019, the POCSO Act garnered people’s attention because of an amendment made to it when the minimum punishment for aggravated and penetrative sexual assault on children below 16 years was increased from 10 to 20 years, and extendable to life imprisonment or death. Read on to know everything about the POCSO Act.

What is POCSO Act?

The POCSO Act, 2012 came into force with effect from November 14, 2012, along with the Rules framed thereafter. The Act is a comprehensive law enacted with the objective of protecting children from a slew of sexual offences like sexual assault, sexual harassment and pornography while safeguarding the interests of the child at every stage of the judicial process by introducing a child-friendly mechanism for reporting, recording of evidence, investigation and speedy trial of offences through special courts.

This law defines a child as any person below the age of 18 years. It defines different forms of sexual offences including penetrative and non-penetrative assault, and even sexual harassment and pornography. 

The Act deems a sexual assault to be ‘aggravated’ under certain circumstances such as when the abuse is committed by someone who is a family member or someone in a position of trust or authority like a teacher, doctor or even police officer. 

It prescribes stringent punishment as per the gravity of the offence. The maximum term of rigorous imprisonment for life and fine. Indian Penal Code’s (IPC) Section 44 (1) of the special children’s law provides that the National Commission for Protection of Child Rights (NCPCR) along with the State Commission for Protection of Child Rights (SCPCR) monitor the implementation of the provisions of the Act. 

The Act sets a gender-neutral tone for the legal process for any child victims. It is also mandatory to report the obligation imposed under Section 19. Last year, the government introduced a fresh set of POCSO Rules.

Three major takeaways from rules

• Any children housing institution or coming in regular contact with them is required to conduct a periodic police verification and a thorough background check of each employee who interacts with a child.
• An institution must give special regular training in order to sensitise its employees on child safety and their protection. 
• More importantly, it has to adopt a child protection policy that is based on the principle of zero tolerance to violence against children. 

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