Posco
Child Sexual Abuse (CSA) is a form of maltreatment in which an adult or older adolescent exploits a minor for sexual purposes. It occurs in various settings, such as home, school or public areas and may involve touching or non-touching behaviours. CSA is a major issue with significant impacts on the regularity of its occurrence and the trauma experienced by the victim.
The World Health Organisation (WHO, 2003) classifies CSA as any sexual activity between a child and an adult or another child where the child cannot fully understand, give informed consent or is not developmentally prepared to do so, or which contravenes laws or social taboos. Although there is no specific classification for child maltreatment as a sexual offence in the Indian Penal Code (IPC), it does punish perpetrators of child sex offences under particular provisions.
The ‘Protection of Children Against Sexual Offences (POCSO) Bill, 2011’ was passed by the Indian Parliament on 22 May 2012, coming into effect on 14 November 2012. It encompasses various forms of sexual abuse, such as physical, non-physical, incest and commercial exploitation, and online sexual abuse. Physical abuse includes penetrative intercourse, fondling of the victim’s genitals, etc. (Bhatnagar, n.d.), while non-physical abuse includes showing pornographic material, sexting, and other inappropriate activities. If a minor commits an offence, they will also be subject to the POCSO Act, although the procedure will follow the Juvenile Justice (Care and Protection of Children) Act, 2015.
The POCSO Act, which is based on Article 15(3) of the Indian Constitution, holds everyone under the age of 18 as ‘children’. It is gender-neutral and recognises boys as victims of sexual assault, whereas the IPC does not. Additionally, penetrative sex is defined to include oral sex and insertion of objects into the genital, anus or mouth (Section 3). Victims can access legal aid under Section 40 of the Act; however, the Code of Criminal Procedure regulates this, and the victim’s interests are often disregarded. Punishment for offences covered in the Act includes but is not limited to not less than seven years of imprisonment and a fine for penetrative sexual assault (Section 4), not less than ten years of imprisonment and a fine for aggravated penetrative sexual assault (Section 6), not less than three years of imprisonment and a fine for sexual assault (Section 8) and five years of imprisonment and a penalty for the use of a child for pornographic purposes (Section 14 (1)).
POCSO Act is a crucial legislation that seeks to protect children from sexual offences and abuse. Our law firm is committed to providing top-notch legal guidance and support to clients affected by POSCO-related crimes, whether they’re victims, family members, or accused parties.
Our experienced team of attorneys is well-versed in the nuances of the POCSO Act, and we’re dedicated to helping our clients navigate the complexities of these cases. We understand the gravity of these charges and the impact they can have on individuals and families, and we’re committed to providing compassionate, effective legal representation throughout the process.
If you’re facing charges related to the POCSO Act or believe your child has been a victim of sexual offences or abuse, we encourage you to contact us today to schedule a consultation. We’re here to help you protect your rights, seek justice, and get the support you need to move forward.