Significance of the POCSO Act
The POCSO Act, enacted in 2012, is gender-neutral, recognising that boys can also be victims of sexual abuse. Here's what you need to know about the Act.
The parliament passed the Protection Of Children from Sexual Offences Act in 2012 to effectively combat the increasing evil act of sexual exploitation and sexual abuse of children.
Let's get in-depth and understand the POCSO Act in its simplest form.
Why POCSO Act?
Our country has one of the world's largest populations of children, with 472 million children under the age of eighteen, according to census data from 2011.
The state's protection of children is guaranteed to Indian citizens under an expansive reading of Article 21 of the Indian Constitution and mandated by India's status as a signatory to the UN.
The following sections of the I.P.C were used to prosecute child sexual abuse earlies:
I.P.C. (1860) 375- Rape
I.P.C. (1860) 354- Outraging the modesty of a woman
I.P.C. (1860) 377- Unnatural offences
However, such a method had problems, as the I.P.C. could not adequately protect the child due to several flaws, including:
Other than "conventional" peno-vaginal intercourse, IPC 375 does not protect male victims or anybody else against sexual acts of penetration.
There is no statutory definition of "modesty" in IPC 354, and it has a light penalty and is a repeatable offence. Furthermore, it does not safeguard a male child's "modesty."
The phrase "unnatural offences" is not defined in IPC 377. It only applies to victims who have been penetrated by their attacker's sex act, and it is not intended to criminalise child sexual assault.
As a result, legislative reform was required, with a specific child protection statute, which gave birth to POSCO.
Significance of the act
The Act, passed in 2012, is gender-neutral, acknowledging that boys can also be sexual assault victims. Hence, everyone under the age of 18 is considered a child.
Boys can get sexually attacked. However, the Indian Penal Code does not recognise this, which is corrected under the Act.
The Act further broadened the definition of a sexual offence against a kid. It broadened the definition of sexual assault to cover non-penetrative and aggravated penetrative sexual assault (sections 3–10) and penalties for those in positions of trust, such as public workers, educational staff, and police officers.
Notably, the law also recognises both touch-based and non-touch-based sexual harassment of children (parts 11 and 12), such as stalking, forcing a child to expose themselves or exposing oneself to a child, etc.
Under sections 13, 14, and 15, the Act imposes severe penalties for exposing children to or using them to make child sexual abuse material (CSAM, often known as child pornography).
Magistrate's recording of a child's statementSection 25 of the POCSO act 2012 deals with recording a child's statement by a Magistrate.
Section 25 of the Act
So, now the question comes what does Section 25 of the POCSO act 2012 deals with?
If the child's statement is being recorded under section 164 of the Code of Criminal Procedure, 1973, the Magistrate recording the statement shall, notwithstanding anything in the Code, record the child's testimony as spoken.
Provided that the requirements of the first provision to sub-section (1) of section 164 of the Code are as much as it allows the presence of the accused's lawyer.
Upon the police filing a final report under section 173 of the Code, the Magistrate shall provide a document copy prescribed under section 207 of the Code to the kid and his parents or representative.
Judgment disrobing Act
The court case widely discussed when discussing the act is Satish Ragde vs State of Maharashtra. In the said case, the accused was acquitted of sexual assault under sections 7 and 8 of the Act by the Bombay high court.
Even though the accused groped a kid, the court acquitted him, citing the lack of evidence to determine if the top was removed or whether the hand was inserted inside the top. The court determined that the accused's actions did not meet the definition of sexual assault because there was no proof of physical contact.
As a result, the court found the defendant guilty under sections 342 and 354 of the Indian Penal Code (1860) (outraging a woman's modesty). It sentenced him to a minimum jail time of one year, which might get extended to a five-year harsh sentence. The decision had made such a stir that the Supreme Court had to put it on hold.
To Conclude:
Children are one of society's most disadvantaged groups because of their inability to communicate their ideas and sorrows freely. Because of the victim's innate frailty and the abuser's ability to overcome it, sexual assaults against children are particularly tough.
The legislature passed the Protection of Children from Sexual Offenses Act in 2012 to the necessity to safeguard and secure these vulnerable victims.
The POCSO Act was established to protect minors and small children in particular. Since it is supposed to be their protector, the act imposes harsher punishments and other precautions.