6.2.

PROTECTION OF CHILDREN FROM SEXUAL OFFENCES (POCSO) ACT,

2012
Why in news?
Recently, the single-judge bench of the Bombay High Court (HC) set aside charges of sexual assault under POCSO
Act against a man accused of molesting a 12 year old girl child.
More about the news
• The Bombay HC absolved an accused from the charges under POCSO Act and instead chose to apply Section
354 of the IPC.
• The High Court judge held that mere groping without “skin-to-skin contact” cannot be termed as sexual
assault under the POCSO Act.
• The phrase “skin-to-skin contact” is not mentioned under the POCSO Act.
• The Supreme Court has stayed the order as it was “likely to set a dangerous precedent”.
About POCSO Act, 2012
Related information
• It is a comprehensive law for the protection of POCSO Rules, 2020
children (under the age of 18) from the offences of • Mandatory police verification of staff in any
sexual assault, sexual harassment and institution housing children or coming in regular
pornography. contact with children like schools, care homes,
o UN Convention on the Rights of the Child, sports academies etc.
1989 (ratified by India in 1992) requires • State Governments to formulate a child protection
sexual exploitation and sexual abuse to be policy to be adopted by all institutions,
addressed as heinous crimes. organizations, or any other agency working with, or
• It incorporates child-friendly mechanisms at every coming in contact with children
• Central Government and State Governments shall
stage of the judicial process which include
o Provide periodic training (like sensitization
reporting, recording of evidence, investigation and
workshops etc.) to all persons, coming in contact
speedy trial of offences through designated with the children, to sensitize them about child
Special Courts. safety and protection.
• It also mandates that the investigation in the cases o Prepare age-appropriate educational material
is to be completed in two months and trial in 6 and curriculum for children, informing them
months. For this purpose Fast Track Special Courts about personal safety, emotional and mental
(FTSCs) are established. wellbeing, reporting mechanisms including
• It also punishes criminals who are in positions of Childline helpline services (toll free number-
1098) etc.
trust of authority like public servants, staff of
• Capacity building for police personnel and forensic
educational institutions, police etc.
experts for building their capacities in their
• It does not explicitly recognizes grooming. respective roles on a regular basis
However, experts say that section 11 of the Act can • Any person who has received any pornographic
be interpreted to recognize and criminalise. material involving a child or any information
Grooming involves acts of establishing relationship regarding such pornographic material shall report
with a child so as to facilitate sexual contact with the contents.
the child. Section 67(b) of the Information
Technology Act criminalizes grooming.
• In 2019 the Act was amended to includes following provisions
o Increases the minimum punishment (including death penalty) for penetrative sexual assault, aggravated
penetrative sexual assault.
o Assault resulting in death of child, and assault committed during a natural calamity, or in any similar
situations of violence are covered as Aggravated penetrative sexual assault.
o Defines child pornography as any visual depiction of sexually explicit conduct involving a child including
photograph, video, digital or computergenerated image indistinguishable from an actual child.
o Storage of pornographic material: Includes two other offences (i) failing to destroy, or delete, or or report
pornographic material involving a child (ii) transmitting, displaying, distributing such material except for
the purpose of reporting it.

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