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The
Protection of Children from Sexual Offences (POCSO) Act is a comprehensive
legislation aimed at addressing and preventing sexual offenses against
children. The primary objective of the POCSO Act is to provide a legal
framework for the protection of children from sexual abuse and exploitation and
to ensure their rights and well-being. Here are key features of the POCSO Act:
Definition of Sexual Offenses: The Act defines various forms of sexual offenses against
children, including but not limited to, penetrative and non-penetrative sexual
assault, sexual harassment, and using a child for pornographic purposes.
Age of Consent: The
POCSO Act considers any sexual activity with a child below the age of 18 as an
offense, regardless of the child's consent.
Special Courts: The
Act mandates the establishment of special courts for the speedy trial of
offenses under the Act, with a focus on protecting the privacy of the child and
avoiding the re-traumatization of the victim during legal proceedings.
Recording of Statements: The
statements of child victims are to be recorded in a child-friendly manner, and
the trial is expected to be conducted in an expeditious manner.
Presumption of Guilt: In
certain cases, the Act presumes the guilt of the accused, and the burden of
proving innocence rests with the accused.
Penalties: The
Act prescribes stringent penalties for perpetrators, including imprisonment for
various durations depending on the nature and severity of the offense. It also
includes provisions for fine and compensation to the victim.
Child-Friendly Procedures: The Act emphasizes child-friendly procedures during
investigation, recording of statements, and court proceedings, recognizing the
vulnerability of child victims.
Aggravated Offenses:
Certain offenses are categorized as aggravated offenses, attracting more severe
penalties, and are treated with greater seriousness.
