The Protection of Children from Sexual Offences Act, 2012 (POCSO Act) was enacted to address the alarming rise in child sexual abuse cases in India and to provide a robust legal framework for protecting minors. Prior to POCSO, sexual offences against children were inadequately covered under the Indian Penal Code (IPC), lacking child-friendly procedures and stringent punishments. The Act was introduced on November 14, 2012, aligning with UN Convention on the Rights of the Child (CRC) principles, to ensure a zero-tolerance approach towards child sexual exploitation.
Key Provisions Include:
Gender-neutral protection for all children below 18 years.
Definition of sexual offences (penetrative/non-penetrative assault, harassment, pornography) with graded punishments, including life imprisonment or death for aggravated offences.
Child-friendly procedures for reporting, recording evidence, and trial (e.g., special courts, video testimony, minimal child confrontation with the accused).
Mandatory reporting by institutions/individuals, with penalties for failure to report.
Emergency medical care and compensation for victims.
The 2019 amendment introduced death penalty for aggravated sexual assault and stricter timelines for investigations/trials. POCSO emphasizes child rights, safety, and rehabilitation, making India’s legal system more responsive to vulnerable minors.