SSC
The Protection of Children from Sexual Offences (POCSO) Act was passed in:
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Answer: Option D — 2012
Detailed Solution
The Protection of Children from Sexual Offences (POCSO) Act was passed by Parliament in 2012 and came into force on 14 November 2012, Children's Day.
Purpose of the Act:
- To protect children from sexual assault, sexual harassment and pornography.
- To provide a child-friendly system for reporting, recording evidence, investigation and speedy trial of such offences.
Key features:
- A child is defined as any person below 18 years of age.
- The Act is gender-neutral, protecting both boys and girls.
- It defines various offences, such as penetrative sexual assault, aggravated sexual assault, sexual harassment and using a child for pornography.
- It makes reporting of such offences mandatory; failure to report is punishable.
- Special Courts are set up to try cases under the Act.
- Trials are to be held in camera, and the identity of the child must not be disclosed.
- The child's statement should be recorded at the child's residence or a place of his or her choice, preferably by a woman police officer.
- The burden of proof is shifted to the accused in certain cases.
Amendment in 2019:
- The POCSO (Amendment) Act, 2019 increased punishments, including the death penalty for aggravated penetrative sexual assault on children.
- It made stricter provisions against child pornography.
Important judgments:
- In 2021, the Supreme Court held that "skin-to-skin" contact is not necessary for the offence of sexual assault under POCSO, overruling a Bombay High Court judgment.
- In 2024, the Supreme Court held that viewing or storing child sexual abuse material is an offence under POCSO.
Related bodies:
The National Commission for Protection of Child Rights (NCPCR) and State Commissions monitor the implementation of the Act.
Constitutional basis:
- Article 15(3) allows the State to make special provisions for children.
- Article 39(f) directs the State to protect children from exploitation.
- India is a party to the UN Convention on the Rights of the Child (1989).
Why not the other options?
- ✗2005 is the year of the Commissions for Protection of Child Rights Act.
- ✗2009 and 2015 do not match.
Quick tip
Remember: POCSO Act = 2012 (in force 14 November 2012); a child is anyone below 18 years.
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