Protection of Children from Sexual Offences Act, 2012 hereinafter referred to as POCSO, was enacted in 2012 in order to address sexual offenses against minors in a comprehensive manner. In addition to outlining the penalties for offenses, POCSO also lays out a framework for victim care and enhanced techniques for apprehending criminals. India is home to one of the world’s largest child populations. POCSO is a special legislation which derives its origin from Article 15(3) and 21 of the Constitution of India. Article 15(3) enables the legislature to make special provision for women and children and broad interpretation of Article 21 of the Indian Constitution guarantees citizen of India, the state’s obligation to protect their children. This obligation is further compelled by India’s membership in the UN Convention on the Rights of the Child. This act is also an attempt to achieve the object enshrined in Article 39 of the Constitution which provides that state shall in particular direct its policy towards securing that the tender age of children are not abused and their childhood and youth are protected against exploitation and they are given facilities to develop in a healthy manner and conditions.
In the case of Mangal v. State of Chattisgarh it was directed that POCSO cannot have a retrospective effect as it is elementary principle of law that no penal statute can be given ex post facto effect. POCSO prescribes various offences along with its punishment. One such offence is Aggravated Sexual Assault. Aggravated sexual assault under the POCSO Act is a serious offense aimed at safeguarding children from various forms of sexual violence. POCSO provides for the legal framework, reporting requirements, and support systems which is vital for effective intervention and protection of children.
Aggravated Sexual Assault is defined in Section 9 of the POCSO Act. It includes acts of sexual assault that are committed under certain aggravated circumstances, such as:
- The victim is below a specific age (typically below 16 years).
- The perpetrator is in a position of trust or authority over the child (e.g., teacher, caretaker)
- The act is committed by more than one person.
- The assault is accompanied by threats or the use of force.
- The act results in severe physical or mental harm to the child.
Section 9 outlines various forms of aggravated sexual assault, detailing scenarios that elevate the severity of the offense. Section 10 provides the punishment for which can be severe, often involving a minimum imprisonment term and potentially life imprisonment, depending on the nature of the crime. The Act emphasizes the need for the protection of child victims and includes provisions for their rehabilitation and support. Section 19 mandates certain professionals, like teachers and healthcare providers, to report suspected cases of sexual assault against children. Section 33 of the Act ensures that trials are conducted in a child-friendly manner, with provisions for in-camera proceedings to protect the identity of the victim. Designated special courts are established to expedite the trial process for cases under the POCSO Act. POCSO also mandates the accurate documentation of the incident, including the victim’s statement and medical reports, which is crucial for legal proceedings.
Here are some significant recent case laws that have shaped the understanding and application of aggravated sexual assault under the POCSO Act:
State of Maharashtra v. Suresh Dattatray Shinde (2020)
The case involved a school teacher accused of sexually assaulting a minor student. The court emphasized the need for stringent punishment under POCSO, considering the breach of trust by a teacher. The accused received a sentence of life imprisonment, highlighting the seriousness of crimes committed by individuals in positions of authority.
Ranjit Singh v. State of Punjab (2021)
In this case, multiple accused were charged with aggravated sexual assault against a minor. The Punjab and Haryana High Court reiterated the importance of victim testimony and the need for corroborative evidence. The court upheld the conviction, stressing that the credibility of the victim’s statement is paramount in POCSO cases.
State of Rajasthan v. Rakesh Kumar (2022)
case involved a neighbor who was accused of sexually assaulting a 12-year-old girl. The Rajasthan High Court upheld the conviction and imposed a rigorous sentence, reinforcing that the gravity of the offense necessitates strict adherence to the protective measures outlined in POCSO.
Bhupendra v. State of Madhya Pradesh (2023)
A minor was sexually assaulted by an acquaintance. The court ruled that the accused’s prior history of similar offenses was relevant to the current case, allowing for a harsher sentence. This case illustrates the courts’ willingness to consider the pattern of behavior in sentencing.
In the case of Nipun Saxena v. Union of India, 2018 SC, the Hon’ble Supreme court held that it is an unfortunate reality of the society that the victims of sexual offences are often out-casted from the society including their families. Therefore, victim of sexual offences requires certain level of protection and their identity shall be protected in the light of their right to privacy under Article 21 of the Constitution of India. Supreme Court therefore laid down certain direction regarding publication of information related to the victims of sexual offences:
- No person can print or publish in print, electronic, social media, etc. the name of the victim or even in a remote manner disclose any facts which can lead to the victim being identified.
- In cases where the victim is dead or of unsound mind the name of the victim or her identity should not be disclosed even under the authorization of the next of the kin, unless circumstances justifying the disclosure of her identity exist, which shall be decided by the competent authority, which at present is the Sessions Judge.
- FIRs relating to sexual offences under IPC and offences under POCSO shall not be put in the public domain.
- In case a victim files an appeal under Section 372 CrPC, it is not necessary for the victim to disclose his/her identity and the appeal shall be dealt with in the manner laid down by law.
- The police officials should keep all the documents in which the name of the victim is disclosed, as far as possible, in a sealed cover and replace these documents by identical documents in which the name of the victim is removed in all records.
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