Protection of Children from

Sexual Offences Act, 2012

BY Meenakshi Rawat
 POSCO: Brief Introduction

• The Protection of Children from Sexual Offences

(POCSO) Act, 2012 deals with sexual offences against
persons below 18 years of age, who are deemed as
children.
• The Act for the first time, defines “penetrative sexual
assault”, “sexual assault” and “sexual harassment”.
• The offence is considered graver if it is committed by a
police officer, public servant, any member of the staff at
a remand home, protection or observation home, jail,
hospital or educational institution, or by a member of
the armed or security forces.
 Objective of the Act
• The Act is a comprehensive law to provide for the
protection of children from the offences of sexual
assault, sexual harassment and pornography, while
safeguarding the interests of the child at every stage of
the judicial process by incorporating child-friendly
mechanisms for reporting, recording of evidence,
investigation and speedy trial of offences through
appointment of Special Public Prosecutors and
designated Special Courts.
• The Act incorporates child friendly procedures for
reporting, recording, investigation and trial offences.
• The Act provides for stringent punishments which have
 Implementation of POSCO Act,
2012
• Section 39 of the POCSO Act requires
• the State Governments to prepare guidelines for use of
NGOs, professional and experts or persons to be
associated with the pre-trial and trial stage to assist the
child.
• On request from several State Governments, Model
Guidelines were developed by the Ministry of Women
and Child Development and sent to all the State
Governments/UT Administrations in September, 2013,
which can be adopted or adapted by them for better
implementation of the said Act.
• Further, as per the report of National Commission for
 Leading Case Law
Gorakh Daji Ghadge v/s The State of Maharashtra
on 6 March, 1980

Ratio Decidendi
• In a case where the father was accused of raping his 13
year old daughter at home, the Bombay High Court
maintained that seminal emission is not necessary to
determine rape. It also prescribed stringent punishment
because the victim was the daughter of the accused. 
 Punishment under POSCO Act
• Penetrative Sexual Assault (Section 3) on a child — Not
less than seven years which may extend to
imprisonment for life, and fine (Section 4)
• Aggravated Penetrative Sexual Assault (Section 5) —
Not less than ten years which may extend to
imprisonment for life, and fine (Section 6)
• Sexual Assault (Section 7) i.e. sexual contact without
penetration — Not less than three years which may
extend to five years, and fine (Section 8)
• Aggravated Sexual Assault (Section 9) by a person in
authority — Not less than five years which may extend
to seven years, and fine (Section 10)
• Sexual Harassment of the Child (Section 11) — Three
years and fine (Section 12)
• Use of Child for Pornographic Purposes (Section 13) —
Five years and fine and in the event of subsequent
conviction, seven years and fine Section 14 (1)
 POSCO (Amendment) Act 2019:
Death Penalty for child sex
abuse
• The Protection of Children from Sexual Offences
(Amendment) Bill, 2019 was introduced in Lok Sabha by
the Minister of State for Women and Child Development,
Mr. Virendra Kumar on January 8, 2019. 
• The Bill amends the Protection of Children from Sexual
Offences Act, 2012.  The Act seeks to protect children
from offences such as sexual assault, sexual
harassment, and pornography.
• On 10th July, 2019 the Union Cabinet gave its nod to
amend certain sections of Protection of Children from
Sexual Offences (POCSO) Act, 2012 to include provision
of death penalty in cases of sexual offences against
 committing sexual assault and aggravated penetrative
sexual assault crime on a child to protect the children
from sexual abuse,”
• Amendments are also proposed in Section 9 to protect
children from sexual offences in times of natural
calamities and in other situations where children are
administered, in any way, any hormone or any chemical
substance, to attain early sexual maturity for the
purpose of penetrative sexual assault.
• Further amendments are also proposed in Section 14
and 15 of the POCSO Act to levy fine for not destroying,
deleting or reporting the pornographic material
involving a child with an intention to share or transmit
it.
Thank You