Abstract

The Protection of Children from Sexual Offences (POCSO), Act 2012 is applicable to the whole of India. The POCSO Act 2012 defines a child as any person below the age of 18 years and provides protection to all children under the age of 18 years from sexual abuse. It also intends to protect the child through all stages of judicial process and gives paramount importance to the principle of “best interest of the child”. Before this Act, roughly of the sexual offences are covered under IPC, 1860. But IPC does not give for bodily types of sexual offences against children and it is general legislation, it does not detect between full blown and youngster victims. On the recommendation of Law Commission of India the new law has been passed to protect children from sexual abuse. The law called as Protection of Children from Sexual Offences Act, 2012. The Protection of Children from Sexual Offences Act (“POCSO”) 2012 was formulated in order to effectively address sexual abuse and sexual exploitation of children. It provides for protection of children from offences of sexual assault, sexual harassment and pornography. This act has some special feature, which incorporates child friendly procedures, recording of evidences, establishment of special court and speedy trial for cases falls under this Act.

• 1.   Section 2(d) of The Prevention from Sexual Offences Act, 2012
• 2.   Section 4 of The Prevention from Sexual Offences Act, 2012
• 3.   Section 11 of The Prevention from Sexual Offences Act, 2012
• 4.   Section 13
• 5.   Section 9
• 6.   Section 19 (5)
• 7.   Section 21 of The Protection of Children from Sexual offences Act, 2012
• 8.   Section 23 (2) at Ibid
• 9.   Section 23 (4) at Ibid
• 10.   Section 24 at Ibid
• 11.   Section 27 at Ibid.
• 12.   Section 39 of Protection of Children from Sexual Offences Act, 2012.
• 13.   Ibid.
• 14.   Section 44 a Ibid.
• 15.   Decided on 13.8.2013 by Judge T.S. Kashyap, SC NO. 78/2013.
• 16.   http://indianexpress.com/article/india/indianews-india/ncrb-data-rape-child-minor-workplace -by-employee-crime-3005142/ visited on April18, 2017; 11.10 PM.
• 17.   http://timesofindia.indiatimes.com/india/Over- 53-children-face-sexual-abuse-Survey/articleshow/ 1881344.cms; visited on April19, 2017; 12.26 AM.
• 18.   http://www.rediff.com/news/report/india-s-newsexual-violence-law-what-does-it-say/20130322. htm; visited on March 24, 2017 : 2:30 PM.
• 19.   Section 29 of the Criminal Law (Amendment) Act, 2013.
• 20.   http://www.legalindia.com/role-of-indianjudiciary-in-prote ction-of-rights-of-the-children/: visited on March 25, 2017: 2:30 PM.
• 21.   Kamajeet Singh & Devinder Singh, “A Peep into Judicial Response to Child Welfare Jurisprudence in India” 1998, June- Sep, 34, Civil and Military Law Journal pp. 197-203 at 198. 22. AIR 1988 SC 1782.
• 23.   1995 (1) SCC 14,18 to 21.
• 24.   AIR 1979 SC 185.
• 25.   1993 (Suppl 1) SCC 520.
• 26.   1992(3) SCC 204.
• 27.   Cr.W.P. No. 102 of 2007.
• 28.   Shankar Kisanrao Khade vs. State of Maharashra, (2013) 5 SCC 546: 2013 (6) SCALE 277: 2013 Cr.L.J. 2595.
• 29.   1997(4) Bom CR 171. Rajeev Kumar Singh / Protection of Children from Sexual Assault and Criminal Law in India: An Appraisal
• 30.   W.P.(PIL) No. 139 of 2011 decided on 17th December.
• 31.   RLW 2006 (1) Raj 604.
• 32.   Cr. Appeal no. 1008-09 of 2007.
• 33.   Crl. Rev. P.No.321/2008.
• 34.   Writ Petition (Criminal) No. 211 of 2013, https:// indiankanoon.org.doc, last visited on 20.06.2017.
• 35.   https://indiankanoon.org/doc/159019789/ visited on April 19, 2017; 9.55 AM.
• 36.   timesofindia.indiatimes.com, Assessed on dated 20.06.2017 22. AIR 1988 SC 1782. 23. 1995