POCSO Full Form

POCSO full form is Protection of Children from Sexual Offences and is a legislation that provides protection to childern facing sexual harassment or any kind of abuses. In India this act was formulated in 2012 under the MInistry of Women and Child Development. The POCSO Act forms a vital part of the Indian polity because India is a nation with the maximum population of children per the census data. There were some amendments made to the act in 2019 to strengthen the provisions on punishments of sexual offenses. To gain a deeper understanding of the legislation, read our article which will offer details on its significance, salient features and other related facts.

What is POCSO Full Form?

The full form of POCSO is Protection of Children from Sexual Offences, and this act safeguards children under 18 years of age against sexual abuse, harassment, and pornography. The primary objective behind introducing this legislation is to reduce the rates of child abuse cases in the country. Earlier in 2003, Goa Children Act was initiated; however, no fruitful outcome was achieved; therefore, POCSO came into the light.

Under the Protection of Children from Sexual Offences (POCSO), special courts are designated to ensure a speedy trial, child-friendly reporting, and swift evidence recording. Well, the Ministry of Women and Child Development led by Smriti Irani, brought changes to the act in 2019 so that strict punishment is given to the convicts. 

Highlights on POCSO ACT

Understanding the Provisions of the POCSO ACT

The POCSO Act bill was passed in 2012 to protect children against various types of sexual abuse by holding trials in special courts so that justice is not delayed. However, to set provisions for stricter punishment, the act underwent some amendments in 2019 so that children of India feel safe and are offered justice. Below are some of the provisions set under this act.

• The act states that an investigation in child abuse cases needs to be completed within two months, it is calculated from the day FIR is registered in the police station. The trial must be conducted in six months.
• some provisions prevent the judiciary system from re-victimizing the child.
• Child trafficking involving sexual motives is also covered under the act.
• An individual is held as a convict if he/she is found involved in aggravating circumstances like rape even if it happens within a relationship or in cases, the crime leads to pregnancy. 
• As per the POCSO act, consent of an individual under 18 years is treated irrelevant which means that sexual interaction with a minor is considered rape.
• Earlier in POCSO 2012, the punishment was 7 years; however, with the amendment it is now 10 years. It further states that those committing penetrative sexual assault on below 16 years children are punished with imprisonment of 20 years.
• In case of false complaints, the act punishes the complainant.
• The Protection of Children From Sexual Offenses Act (POCSO full form) makes it mandatory to report crimes involving sexual harassment on children under 18 years as it is regarded as the prime duty of an Indian citizen. Those who fail to report it get imprisonment of six months with a fine.
• The act considers a sexual assault as aggravated if the child is mentally ill or the crime is committed by a public servant, armed forces personnel, or someone close to the child.

Overview of the Salient Features of the POCSO ACT

The Protection of Children From Sexual Offences Act (POCSO full form) comprises some special features that make it an effective legislation to safeguard children against sexual offenses.

• Confidentiality of Identity

Under section 23 of the POCSO act, it is strictly prohibited to reveal the victim’s identity in any media. Exceptions can happen if the special court permits to reveal the identity of the victim otherwise, the offender will be punished.

• Gender Equality

The act defines a child as an individual who is below 18 years of age and maintains a gender-neutral framework for the victims. The perpetrators of the crime are punished irrespective of gender.

• No Time Limit for Reporting

The legislation states that there should not be any time limit for reporting sexual abuse crimes. Suppose a person reports a case years after the crime was committed they are liable to get justice.

• Zero Tolerance to Violence

Under the act, organizations that house children are required to hire employees by scrutinizing their backgrounds. It is essential to formulate a child protection policy to safeguard children.

Significance of the POCSO Act in Safeguarding Children

As per the 2011 census, in India, the population of individuals under 18 years accounts for around 472 million which indicates the country has the largest children population. Protection of this huge population seems to be a matter of grim importance and challenge too. The Protection of Children From Sexual Offenses Act (POCSO full form) has been formulated to safeguard children who are the future of India against any kind of sexual abuse or harassment. India being a signatory of the UN Convention for the Rights of the Child is responsible for formulating effective laws so that the vulnerable population feels safe and secure. 

If we study the previous initiatives like the Goa Children's Act 2003 which was meant to protect children against sexual abuse was found inadequate due to drawbacks. One of its loopholes was it does not offer any protection to male children and also failed to define provisions for unnatural offenses. 

The POCSO Act served as the most effective legislation that aimed at providing justice to victims without any delay as prevalent in India’s judiciary system. 

Punishments for Violating Children Under POCSO Act

Under the POCSO Act 2012, strict punishment provisions are set to ensure the offender gets appropriate punishment based on the crime they committed. Below are some of the punishments given to a convict for exploiting children.

• Section 4: Under this section of POCSO, for children under 16 years when assaulted sexually which is penetrative, the convict is liable to get imprisonment of 20 years along with a fine.
• Section 6: If a child who belongs to the age group below 18 years is sexually assaulted which is penetrative and aggravated in nature, the legislation sends convicts to judicial custody for a minimum of 10 years and the convict has to pay a fine as a penalty.
• Section 8: Those assaulting children under 18 years are imprisoned by the Indian judiciary for 3-5 years along with a fine.
• Section 10: Individuals convicted of committing aggravated sexual assault will get imprisonment of 5-7 years and have to pay fines as a penalty.
• Section 12: Under section 12 of POCSO whose full form is Protection of Children From Sexual Offense, convicts of sexual harassment will be jailed for around 3 years along with a penalty amount.
• Section 14(1): Those who are found guilty of using children for pornography will initially get 5 years of jail; however on further conviction, 7+ years imprisonment can befall the convict.
• Section 14(2): Lifetime imprisonment will be given to people who use children in porn while involved in committing an offense under section 3.
• Section 14(3): Rigorous imprisonment with a fine can befall convicts who use children in porn while involved in committing an offense under section 5.
• Section 14(4): Imprisonment of 6 to 8 years with a fine can befall convicts who use children in pornography while involved in committing an offense under section 7.
• Section 14(5): Using children in pro content while committing an offense under section 9 gets imprisonment of 8 to 10 years with a fine.
• Section 15: If a person is involved in storing porn material where a child is used for commercial purposes can get a jail term of 3 years and a fine as a penalty.

Challenges and Loopholes in the POCSO Act 

Undoubtedly, the Protection of Children from Sexual Offence Act 2012 initiated effective steps to prevent sexual abuse cases in the country. However, certain loopholes are stopping its proper implementation. 

• The POCSO Act 2012 does not consider the consent of a minor so cases, where the minor and their adult partner are involved in sexual intercourse with the consent of the former, are also considered rape. The adult partner will be held as a convict.
• In some child abuse cases, a lack of proper investigation machinery can result in faulty judgment. 
• As there's no punishment for false accusations made by a minor; hence most people take advantage of judiciary rights.

How to Safeguard Children Against Sexual Abuses?

Cases of sexual offenses against children are on the rise in India which makes the POCSO act significant. Well, most incidents go unnoticed and unreported and that’s due to limited awareness. To reduce the number of children falling prey to abuse and harassment, the following measures and steps need to be taken.

• Awareness: Parents or caregivers need to be educated about the signs of sexual abuse and how to safeguard the children against any such offenses. They should learn the signs and symptoms which clarifies whether a child has suffered any physical harassment or not.
• Legislation: Implementation of legislation like POCSO that severely penalizes an offender can somehow stop this heinous crime. The legal framework for child abuse needs to be informed to both parents and children alike.
• Safety practices: Children should be adequately informed about the possible threats they can encounter in daily life. When interacting on social media, they need to know whom they are interacting with and how to gauge the intentions of people to take the right steps accordingly.
• Support: The affected victims undergo phases of depression, anxiety, and withdrawal that often result in suicides. It is important to choose a support either psychological or legal so that the child could get justice and recover from the fatal incident.

POCSO, the full form of which is Protection of Children from Sexual Offence can be called an effective judiciary weapon to curb the rates of child abuse, sexual harassment, and child trafficking. Well, the limitations found in the POCSO Act should be addressed by the government so that every child in India can feel safe and also ensure that no one takes advantage of their legal rights.