What is the POCSO Act?

About

• Came into force on 14 November 2012
• Enacted following India’s ratification of the UN Convention on the Rights of the Child in 1992
• Addresses sexual exploitation and sexual abuse of children, which were earlier inadequately defined or penalised
• Defines a child as any person below 18 years of age
• Provides graded punishment based on the gravity of the offence
• Amended in 2019 to introduce stricter punishments, including the death penalty in extreme cases
• POCSO Rules, 2020 were notified to strengthen implementation and victim support

Key Features of the POCSO Act

Gender Neutral Nature

• Recognises that both boys and girls can be victims of sexual abuse
• Sexual offences are punishable irrespective of the gender of the child
• Reflects the principle of non discrimination and equal protection

Ease in Reporting Cases

• Mandatory reporting of offences
• Failure to report is a punishable offence
• Applies to individuals as well as institutions
• Makes concealment of child sexual abuse more difficult

Explicit Definition of Offences

• Clear and specific definitions of sexual assault, penetrative sexual assault, and aggravated offences
• Storage of child pornographic material recognised as a separate offence
• Replaces vague IPC provisions such as outraging the modesty of a woman with child specific offences

POCSO Rules, 2020

Interim Compensation and Special Relief

• Rule 9 empowers Special Courts to order interim compensation after FIR registration
• Compensation aimed at relief and rehabilitation needs of the child
• Interim compensation adjusted against final compensation

Immediate Payment of Special Relief

• Child Welfare Committee may recommend immediate financial assistance
• Covers food, clothing, transport, and other essential needs
• Funds drawn from DLSA, DCPU, or Juvenile Justice Act funds
• Payment to be made within one week of recommendation

Support Person for the Child

• Child Welfare Committee can appoint a support person
• Support person assists the child during investigation and trial
• Ensures physical, emotional, and psychological well being
• Facilitates access to medical care, counselling, education, and legal information

Fast Track Special Courts

• Centrally Sponsored Scheme launched in October 2019
• Aimed at speedy trial of sexual offences
• Total planned courts: 1023 Fast Track Special Courts
• Includes 389 exclusive POCSO Courts
• As of May 31, 2023
  • 758 Fast Track Special Courts functional
  • 412 exclusive e POCSO Courts
  • Operational across 29 States and Union Territories

Issues and Challenges with POCSO Act

Issues in Investigation

Low Representation of Women in Police

• Act mandates statement recording by a woman police officer
• Women constitute only around 10 percent of the police force
• Many police stations lack women personnel
• Leads to non compliance with child friendly procedures

Lapses in Investigation

• Audio video recording of statements often not followed
• Crime scene preservation remains weak in several cases
• Supreme Court in Shafhi Mohammad vs State of Himachal Pradesh 2018 mandated videography in heinous crimes
• Ground level implementation remains inconsistent

No Effective Role of Judicial Magistrates

• Act mandates recording of child’s statement by a judicial magistrate
• Magistrates are rarely examined during trial
• Retracting witnesses often go unpunished
• Results in weakening of prosecution case

Issue of Age Determination

• No explicit provision under POCSO for age determination of victims
• Juvenile Justice Act provisions apply mainly to accused juveniles
• Supreme Court in Jarnail Singh vs State of Haryana 2013 extended JJ Act principles to child victims
• Investigating officers still rely mainly on school records
• Leads to inconsistency and disputes during trial

Delay in Filing Charges

• Investigation to be completed within one month as per the Act
• In practice, delays occur due to
  • Lack of manpower
  • Forensic delays
  • Case complexity
• Undermines the objective of speedy justice

Issues Related to Presumption of Guilt

• POCSO provides for presumption of guilt against the accused
• Unlike the Indian Evidence Act, no requirement to prove recent intercourse
• Courts often do not fully apply the presumption even after age is established
• Conviction rates remain lower than expected

Government Initiatives to Curb Child Abuse

• Child Abuse Prevention and Investigation Units
• Beti Bachao Beti Padhao Scheme
• Juvenile Justice Care and Protection of Children Act, 2015
• Child Marriage Prohibition Act, 2006
• Child Labour Prohibition and Regulation Act, 2016
• Exclusive POCSO Courts under Fast Track Special Courts scheme

Way Forward

• Increase financial and human resources for POCSO investigations
• Improve recruitment of women police personnel
• Mandatory training of investigating officers in child friendly procedures
• Strengthen forensic infrastructure and evidence handling
• Ensure effective functioning of Special POCSO Courts
• Standardise age determination procedures through legal clarity
• Enhance victim rehabilitation and long term psychological support