The Protection of Children from Sexual Offences Act (POCSO) 2012: A Comprehensive Overview, Lecture notes of Criminal Law

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PPT on POCSO

Act

Introduction

 The POCSO Act, 2012, come into force on 14

November, 2012

 THE PROTECTION OF CHILDREN FROM SEXUAL

OFFENCES ACT, 2012 - 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.

Penetrative sexual assault.

 A person is said to commit "penetrative sexual assault" if—

 (a) he penetrates his penis, to any extent, into the vagina, mouth, urethra or

anus of a child or makes the child to do so with him or any other person; or

 (b) he inserts, to any extent, any object or a part of the body, not being the

penis, into the vagina, the urethra or anus of the child or makes the child to do

so with him or any other person; or

 (c) he manipulates any part of the body of the child so as to cause penetration

into the vagina, urethra, anus or any part of body of the child or makes the

child to do so with him or any other person; or

 (d) he applies his mouth to the penis, vagina, anus, urethra of the child or

makes the child to do so to such person or any other person.

Punishment for penetrative sexual assault  (^) (1) Whoever commits penetrative sexual assault shall be punished with imprisonment of either description for a term which shall not be less than [ten years] but which may extend to imprisonment for life, and shall also be liable to fine.  (^) (2) Whoever commits penetrative sexual assault on a child below sixteen years of age shall be punished with imprisonment for a term which shall not be less than twenty years, but which may extend to imprisonment for life, which shall mean imprisonment for the remainder of natural life of that person and shall also be liable to fine.  (^) (3) The fine imposed under sub-section (1) shall be just and reasonable and paid

Abetment of an offence  (^) A person abets an offence, who—  (^) First.—Instigates any person to do that offence; or  (^) Secondly.— Engages with one or more other person or persons in any conspiracy for the doing of that offence, if an act or illegal omission takes place in pursuance of that conspiracy, and in order to the doing of that offence; or  (^) Thirdly.—Intentionally aids, by any act or illegal omission, the doing of that offence.

 (^) Punishment for abetment.—  (^) Whoever abets any offence under this Act, if the act abetted is committed in consequence of the abetment, shall be punished with punishment provided for that offence.  (^) Explanation.— An act or offence is said to be committed in consequence of abetment, when it is committed in consequence of the instigation, or in pursuance of the conspiracy or with the aid, which constitutes the abetment.  (^) Punishment for attempt to commit an offence.—  (^) Whoever attempts to commit any offence punishable under this Act or to cause such an offence to be committed, and in such attempt, does any act towards the commission of the offence, shall be punished with imprisonment of any description provided for the offence, for a term which may extend to one half of the imprisonment for life or, as the case may be, one-half of the longest term of imprisonment provided for that offence or with fine or with both.

Punishment for false complaint or false information  (^) 1) Any person, who makes false complaint or provides false information against any person, in respect of an offence committed under sections 3, 5, 7 and section 9, solely with the intention to humiliate, extort or threaten or defame him, shall be punished with imprisonment for a term which may extend to six months or with fine or with both.  (^) (2) Where a false complaint has been made or false information has been provided by a child, no punishment shall be imposed on such child.  (^) (3) Whoever, not being a child, makes a false complaint or provides false information against a child, knowing it to be false, thereby victimizing such child in any of the offences under this Act, shall be punished with imprisonment, which