what is poxo act and how it works
Answers
Answer:
POCSO ACT is nothing but The Protection of Children from Sexual Offences (POCSO) Act.
Offences under the Act
The Protection of Children from Sexual Offences (POCSO) Act, 2012 was enacted to provide a robust legal framework for the protection of children from offences of sexual assault, sexual harassment and pornography, while safeguarding the interest of the child at every stage of the judicial process. The framing of the Act seeks to put children first by making it easy to use by including mechanisms for child-friendly reporting, recording of evidence, investigation and speedy trial of offences through designated Special Courts.
The new Act[11] provides for a variety of offences under which an accused can be punished.
It recognises forms of penetration other than penile-vaginal penetration[12] and criminalises acts of immodesty against children too. Offences under the act include:
Penetrative Sexual Assault: Insertion of penis/object/another body part in child's vagina/urethra/anus/mouth, or asking the child to do so with them or some other person
Sexual Assault: When a person touches the child, or makes the child touch them or someone else
Sexual Harassment: passing sexually coloured remark, sexual gesture/noise, repeatedly following, flashing, etc.
Child Pornography
Aggravated Penetrative Sexual Assault/ Aggravated Sexual Assault
The act is gender-neutral for both children and for the accused. With respect to pornography, the Act criminalises even watching or collection of pornographic content involving children.[13] The Act makes abetment of child sexual abuse an offence.[14]
The Protection of Children from Sexual Offences (POCSO) Act
Offences under the Act
The Protection of Children from Sexual Offences (POCSO) Act, 2012 was enacted to provide a robust legal framework for the protection of children from offences of sexual assault, sexual harassment and pornography, while safeguarding the interest of the child at every stage of the judicial process. The framing of the Act seeks to put children first by making it easy to use by including mechanisms for child-friendly reporting, recording of evidence, investigation and speedy trial of offences through designated Special Courts.
The new Act[11] provides for a variety of offences under which an accused can be punished.
It recognises forms of penetration other than penile-vaginal penetration[12] and criminalises acts of immodesty against children too. Offences under the act include:
Penetrative Sexual Assault: Insertion of penis/object/another body part in child's vagina/urethra/anus/mouth, or asking the child to do so with them or some other person
Sexual Assault: When a person touches the child, or makes the child touch them or someone else
Sexual Harassment: passing sexually coloured remark, sexual gesture/noise, repeatedly following, flashing, etc.
Child Welfare Committee
A sexually abused child is considered as "child in need of care and protection" under Juvenile Justice (Care and Protection of Children) Act, 2015. [20] Police officer should therefore inform the Child Welfare Committee about every case under the Act within 24 hours. [21] CWC can appoint a support person for the child who will be responsible for psycho-social well-being of the child. This support person will also liaise with the police, and keep the child and child's family informed about progress in the case. Reporting can be done through toll free number 1098. [22]
Contention around implementation of POCSO
Definition of child
The Act defines a child as a person under the age of 18 years. However, this definition is a purely biological one, and doesn't take into account people who live with intellectual and psycho-social disability.
Legal Aid
Section 40 of the Act allows victims to access legal aid. However, that is subject to Code of Criminal Procedure. In other words, the lawyer representing a child can only assist the Public Prosecutor, and file written final arguments if the judge permits. Thus, the interest of the victim often go unrepresented. [27]
Consent
The law presumes all sexual act with children under the age of 18 is sexual offence. Therefore, two adolescent who engage in consensual sexual act will also be punished under this law. This is especially a concern where adolescent is in relationship with someone from different caste, or religion. Parents have filed cases under this Act to 'punish' relationships they do not approve of. [28]
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Is it posco??????
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The Protection of Children from Sexual Offences (POCSO) Act, 2012 was enacted to provide a robust legal framework for the protection of children from offences of sexual assault, sexual harassment and pornography, while safeguarding the interest of the child at every stage of the judicial process.