Protection of Children from Sexual Offenses Act (POCSO) has been enacted with the aim of protecting children from sex-related crimes.
This Act was made by the Ministry of Women and Child Development in the year 2012 by the name of POCSO Act-2012.
Under this law, action is taken in cases of sexual crimes and molestation of minor children like sexual harassment, sexual exploitation and pornography.
In this, different punishments are also prescribed for different crimes.
This Act is effective in the entire country. All offenses under POCSO are heard by a Special Court before the camera in the presence of the child’s parents or people whom the child trusts.
After the implementation of POCSO Act-2012, in the year 2020, along with many other amendments in the POCSO Act, the scope of punishment has been increased and provision of punishment ranging from life imprisonment to death penalty has been made. Section 3 of the Act provides for imprisonment of at least 10 years, which can be extended up to life imprisonment, and fine for sexual assault in Section 4.
Under Section 5, aggravated penetrative sexual assault is punishable with a minimum imprisonment of 20 years, which may extend to life imprisonment/death penalty.
In this, provision for fine has also been made in Section 6. In case of sexual assault, Section 7 provides for a minimum imprisonment of 3 years, which can be extended up to 5 years and a fine is also provided for in Section 8.
In case of aggravated sexual assault, Section 9 provides for a minimum imprisonment of 5 years, which can be extended up to 7 years.
Along with this, a provision for fine has also been made in Section 10. In the Act, there is a provision of 3 years imprisonment in Section 11 and fine in Section 12 for sexual harassment.
Provision of life rigorous imprisonment and punishment for obscene use of children
Strict provisions have been made in the POCSO Act against using children for obscene purposes. There is a provision of 5 years imprisonment in Section 13 for using children for obscene purposes/pornography and in case of subsequent offenses in Section 14(1), there is a provision of 7 years imprisonment and fine. Section 14(2) of the Act provides for a minimum imprisonment of 10 years which may extend to life imprisonment/death penalty in case of serious case of sexual exploitation while using children for obscene purposes.
A fine will also be imposed. It has also been provisioned in the Act that in a very serious case of sexual assault involving sexual assault while using a child for obscene purposes, there will be a punishment of rigorous life imprisonment and fine under Section 14(3).
In case of sexual exploitation while using a child for indecent purposes (section 14-4, the minimum imprisonment of 6 years may extend to 8 years with fine.
In the most serious case of aggravated sexual assault while using a child for obscene purposes under Section-14(5) of the POCSO Act, there is a provision for imprisonment of at least 8 years which may extend even up to 10 years. Along with this, a provision for fine has also been made. Section 15 of the Act provides that keeping any obscene material related to children for commercial purposes can result in imprisonment for 3 years or fine or both.
Provision of punishment even for instigating crime
The POCSO Act also provides for punishment for instigating crime. Provocation has also been considered equivalent to committing a crime. It also includes illegal trafficking for sexual exploitation of children under Section 16.
Provision for action even if crime report is not filed
POCSO Act provides for punishment in general, for not filing report of any crime that has occurred Section- 21(1): There is a provision of imprisonment up to 6 months or fine or both.
