POCSO: Everything You Need To Know About The Act Protecting Child Sexual Abuse

The rising number of child abuse cases in the country is proof that we have failed as a society. Just today, we woke up to the news of a seven-year-old girl raped by a 28-old-year-man who was hired to paint the house in the national capital. Unfortunately, for us, it is just another case among the many others that are reported across the country. Some studies suggest that many abuse cases go unreported and multiple factors contribute to it. Unawareness about sexual abuse laws for children is one reason why some cases aren't reported and victims don't get justice.

With our new series, HaqSe, we have been untangling laws so it is easier for you to claim your rights in the country. Seeing the rising number of child abuse cases we thought of bringing you an explainer on the POCSO Act, The Protection of Children from Sexual Offences Act, 2012. We spoke to Adv. Shikhani Shah Engineer, Criminal Lawyer, Bombay High Court, and asked her to simplify the POCSO act for us.

Protection of Children from Sexual Offences Act, 2012

Explaining the POCSO act, Advocate Shikhani Shah Engineer said, “It is a special act which focuses on child sexual abuse. The act provides 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. These acts are assigned a special court for the commencement of speedy trial to attain the end of justice. The act is child friendly as it includes mechanisms for child-friendly reporting, recording of evidence & investigation.”

How To Identify If Your Child Has Been Sexually Abused?

A lot of children who are sexually abused keep mum about it. According to studies, children are sexually abused by people they know. More than eight out of ten children are assaulted by family members, neighbours, or babysitters. Since children keep it a secret, it might be difficult for their parents or guardians to find out if their children have been sexually abused. However, some warning signs can help identify if the child has been abused. The legal expert said, "Listen to your instincts. If you notice something that isn’t right or someone in a child’s life is making you uncomfortable—even if you can’t put your finger on why—it’s important to trust your gut, continue to watch for signs of abuse, and talk to the child who may be experiencing abuse in age-appropriate ways."

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Warning Signs For Parents/Caregivers

• Sexually transmitted infections (STIs)
• Signs of trauma to the genital area, such as unexplained bleeding, bruising, or blood on the sheets, underwear, or other clothing
• Being secretive
• Questions about sexual topics
• Not wanting to be left alone with certain people
• Being afraid of primary caregivers
• Inappropriate sexual behaviour
• Preventing bathe or removing clothes
• Spending unusual time alone
• Increased aggression
• Decrease in confidence
• Excessive worry
• Increase in health problems like stomach ache, headache
• Lack of interest in school and friends
• Fear of being alone at night
• Self-harming behaviour

How To File a Complaint Under POCSO?

The expert said, “The Ministry of Women and Child Development has proposed the Protection of Children from Sexual Offences (POCSO) e-Box to protect children from sexual harassment. e-Box is an online complaint box for reporting child sexual abuse against offenders under the POCSO Act. If you know of any child who has experienced sexual abuse, report it to the nearest police station or call CHILDLINE on 1098. If a case is registered against PoCSO immediate action is taken.”

Further, she shared that the standard operating procedure in respect of the investigation of an offence under the POCSO Act is that any allegation under the POCSO Act ought to be investigated by a woman police officer. It is expected that the investigating officer would possess knowledge of child psychology and psychiatry.

Punishment Under POCSO

The legal expert explained that the punishment varies based on the age of the child and the severity of the abuse.

Penetrative sexual assault on a child of 16 to 18 years of age: Under Section 4 of POCSO, a minimum imprisonment of 10 years may extend to imprisonment for life plus a fine.

Penetrative sexual assault on a child below 16 years of age: Under Section 4 of POCSO, a

minimum imprisonment of 20 years which may extend to imprisonment for the remainder of natural life plus a fine.

Aggravated penetrative sexual assault: Section 6 of POCSO states a minimum rigorous imprisonment of 20 years which may extend to imprisonment for the remainder of natural life plus fine or death.

Use of a child for pornography: Under Section 14(1), conviction followed by imprisonment extending up to 5 years second or further convictions followed by imprisonment extending up to 7 years plus a fine.