Protection of Children from Sexual Offenses Act (POCSO Act) has been enacted with the aim of protecting children from sexual crimes. This Act was made by the Ministry of Women and Child Development in the year 2012 by the name of POCSO Act-2012. Under this law, action is taken in cases of sexual crimes and molestation of minor children like sexual harassment, sexual exploitation and pornography. Under this law, different punishments are prescribed for different crimes. This Act is applicable throughout India.
All offenses under the POCSO Act are heard by a special court before the camera in the presence of the child’s parents or people whom the child trusts.
After the implementation of the POCSO Act in the year 2012, along with several other amendments in the POCSO Act in the year 2020, a provision for death penalty has been made in such crimes.
Crimes and penalties under POCSO:
Penetrative sexual assault (Section 3) – imprisonment not less than 10 years, which may extend to life imprisonment and fine (Section 4)
Aggravated penetrative sexual assault (Section 5) – imprisonment of not less than 20 years, which may extend to life imprisonment/death penalty and fine (Section 6)
Sexual assault (Section 7) – imprisonment of not less than 3 years, which may extend to imprisonment of up to 5 years and fine (Section 8)
Aggravated sexual assault (Section 9) – imprisonment of not less than 5 years, which may extend to imprisonment of up to 7 years, and fine (Section 10)
Sexual harassment (Section 11) – 3 years imprisonment and fine (Section 12)
Using children for obscene purposes/pornography (Section 13) – 5 years imprisonment and in case of subsequent offense 7 years imprisonment and fine (Section 14-1).
Aggravated cases of sexual exploitation of children while using them for indecent purposes (Section 14-2) – imprisonment of not less than 10 years but which may extend to life imprisonment/death penalty and fine.
Extreme penetration sexual assault while using a child for obscene purposes – Very serious cases of sexual assault – (Section 14-3): Rigorous imprisonment for life and fine.
Cases of sexual exploitation while using a child for indecent purposes – (Section 14-4): Imprisonment of not less than 6 years, which may extend to 8 years, and fine.
Serious cases of aggravated sexual assault while using a child for indecent purposes (Section 14-5) – imprisonment of not less than 8 years but which may extend to 10 years, and fine.
Possession of any obscene material relating to a child (Section 15) for commercial purposes: 3 years imprisonment or fine or both.
Possession of any obscene material relating to a child (Section 15) for commercial purposes: 3 years imprisonment or fine or both.
Under the Act, there is a provision for punishment for abetment of crime, which is the same as committing the crime. This also includes illegal trafficking of children for sexual exploitation (Section 16).
Not reporting any crime that has occurred (Section 21-1): Imprisonment up to 6 months or fine or both.
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