3. WHY POCSO?
BEFORE 2012- IPC WAS ONLY USED
MANY ‘NEW’ FORMS OF ABUSE COULD NOT BE PROSECUTED
TO PROSECUTE OFFENCES AGAINST BOYS
4. OBJECTIVES
♦ To protect children from the offences of
• Sexual assault;
• Sexual harassment; and
• Pornography.
♦ To establish Special Courts for speedy trial of such offences.
5. SALIENT FEATURES
(i) Burden of Proof on the Accused
(ii) Gender-neutral law
(iii) Punishment for all perpetrators irrespective of age and gender
(iv) Calibration of Offences
(v) Severer Punishment when Protectors are Perpetrators
(vi) Introduction of Child Friendly Measures
(vii) Support to the Child and Family in the form of Support Person
(viii) Accountability of every citizen towards Child Protection
(ix) Punishment for failure to report or record a case
(x) No Discretionary Jurisdiction
(xi) Confidentiality of the Child and the Family
6. DEFINITIONS GIVEN
PENETRATIVE SEXUAL ASSAULT
AGGRAVATED PENETRATIVE SEXUAL ASSAULT
SEXUAL ASSAULT
AGGRAVATED SEXUAL ASSAULT
SEXUAL HARASSMENT
ABETMENT/ ATTEMPT TO DO CRIME
9. KEY STAKEHOLDERS
PARENTS
SPECIAL JUVENILE POLICE UNITS
MEDICAL PROFESSIONALS
CHILD WELFARE COMMITTEE
NGOS & SUPPORT PERSONS
SCHOOL AUTHORITIES & TEACHERS
SPECIAL COURT
SPECIAL PUBLIC PROSECUTOR
REGISTERED CHILD CARE INSTITUTIONS
DISTRICT CHILD PROTECTION UNIT
11. PUNISHMENTS
S.
NO.
OFFENCE PUNISHMENT
1 PENETRATIVE SEXUAL ASSAULT SEVEN YEARS TO LIFE/ FINE
2 AGGRAVATED PENETRATIVE SEXUAL TEN YEARS TO LIFE/ FINE
3 SEXUAL ASSAULT THREE TO FIVE YEARS/ FINE
4 AGGRAVATED SEXUAL ASSAULT FIVE TO SEVEN YEARS/ FINE
5 SEXUAL HARASSMENT THREE YEARS/ FINE
6 USING CHILD FOR PORNOGRAPHY THREE YEARS/ FINE
7 ABETMENT/ ATTEMPT TO COMMIT HALF OF LIFE/ HALF OF LONGEST TERM FOR THE
OFFENCE/ FINE