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Indian Journal of Law and Human Behavior

Volume  3, Issue 2, Jul-Dec 2017, Pages 116-124
 

Review Article

Protection of Children from Sexual Assault and Criminal Law in India: An Appraisal

Rajeev Kumar Singh

Assistant Professor, Department of Law, School for Legal Studies, Babasaheb Bhimrao Ambedkar (A Central) University, Lucknow, Uttar Pradesh 226025, India.

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DOI: DOI: http://dx.doi.org/10.21088/ijlhb.2454.7107.3217.7

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.

Keywords: Sexual Offences; Assault; Harassment; Pornography; Child Friendly; Speedy Trial; POSCO; etc.


Corresponding Author : Rajeev Kumar Singh Assistant Professor, Department of Law, School for Legal Studies, Babasaheb Bhimrao Ambedkar (A Central) University, Lucknow, Uttar Pradesh 226025, India.