Crime Against Children (POCSO)

 Crime Against Children (POCSO) 

THE PROTECTION OF CHILDREN FROM SEXUAL OFFENCES ACT, 2012

(32 OF 2012)

[19th June, 2012]

 

PREAMBLE:

An Act to protect children from offences of sexual assault, sexual harassment and pornography and provide for establishment of Special Courts for trial of such offences and for matters connected therewith or incidental thereto.

 

ORIGINAL JURISDICTION:

[Session] Special Court

 

BRIEF:

The Act defines a child as a human under the age of eighteen (18) years of age as per section 2 (d). It revolves around the biological age of the child and remains silent on the mental age. The act was enacted keeping in mind the best interest and well-being of the children as well as to ensure the healthy emotional, physical, social and intellectual development of the children in the society.

 

The Act recognizes all forms of penetration along with penetrative sexual assault and criminalizes acts of immodesty against children.

 

That is, there are a total five type of sexual offences which have been covered under this POSCO Act;

Section 3: penetrative sexual assault,

section 5: aggravated sexual assault,

section 7: sexual assault,

section 9: aggravated sexual assault,

section 11: sexual harassment.

Section: 3,4

Offence: Penetrative sexual assault  

Punishment: Imprisonment for not less than 7 years but may extend to imprisonment for life + Fine, or both

 

Section:5,6

Offence: Aggravated penetrative sexual assault

Punishment: Imprisonment for not less than 10 years but may extend to imprisonment for life + Fine

 

Section:7,8

Offence: Sexual Assault

Punishment: Imprisonment for not less than 3 years but may extend to 5 years + Fine

 

Section:9,10

Offence: Aggravated Sexual Assault

Punishment: Imprisonment for not less than 5 years but may extend to 7 years + Fine

 

Section:11 , 12

Offence: Sexual Harassment     

Punishment: Imprisonment for not less than 3 years + Fine

 

Section: 13, 14

Offence: Use of child for pornographic purposes

Punishment: For offence u/s 13

First Conviction: Imprisonment which may extend to 5 years + Fine

Second/Subsequent Conviction: Imprisonment which may extend to 7 years + Fine For offence u/s 3 by directly participating in pornographic acts:

Imprisonment for not less than 10 years but may extend to imprisonment for life + Fine For offence u/s 5 by directly participating in pornographic acts:

Rigorous imprisonment for life + Fine For offence u/s 6 by directly participating in pornographic acts:

Imprisonment for not less than 6 years but may extend to 8 years + Fine For offence u/s 9 by directly participating in pornographic acts:

Imprisonment for not less than 8 years but may extend to 10 years+ Fine 

 

Section:15
Offence: Storage of pornographic material involving child
Punishment: Imprisonment which may extend to 3 years or with fine, or both
Section : 16,17

Offence: Abetment of an offence
Punishment: If act abetted is committed in consequence of the abetment, punishment provided for that offence shall be sentenced

Section : 18
Offence: Attempt to commit an offence

Punishment: Imprisonment which may extent to one-half of the imprisonment for life or one0half of the longest term of imprisonment provided for that offence or with fine or both