POCSO Act

Aug. 22, 2024

The Supreme Court criticized the Calcutta High Court for observing in a judgment that POCSO Act must be amended to decriminalise consensual sexual acts involving adolescents above sixteen years.

  About POCSO Act:

  • The Protection of Children from Sexual Offenses (POCSO) Act, 2012 was enacted by Govt. of India to safeguard children from sexual abuse and sexual offences.
  • The Act clearly defines a child as any person below the age of 18 years.
  • The Act was further reviewed and amended in 2019 to introduce more stringent punishment including the death penalty for committing sexual crimes on children.
  • The Government of India has also notified the POCSO Rules, 2020.
  • Key provisions:
    • Gender-neutral legislation: The Act defines a child as "any person" under the age of 18.
    • Non-reporting is a crime: Any person in charge of an institution (excluding children) who fails to report the commission of a sexual offence involving a subordinate faces punishment.
    • No time limit for reporting abuse: A victim may report an offence at any time, even years after the abuse has occurred.
    • Keeping victim’s identity confidential: The Act forbids the disclosure of the victim's identity in any form of media unless authorised by the special courts established by the Act.