30-Jul-2021: Special Courts Under POCSO Act
The Protection of Children from Sexual Offences (POCSO) Act, 2012 enacted by Govt of India provides safeguards for children against sexual abuse. The POCSO Act 2012 provides for establishment of Special Courts for the purpose of ensuring speedy trial. Further, as per the Act, the evidence of the child shall be recorded within a period of thirty days of the Special Court taking cognizance of the offence and the Special Court shall complete the trial, as far as possible, within a period of one year from the date of taking cognizance of the offence. The Act was amended in 2019 to introduce more stringent punishment including death penalty for committing sexual crimes on children, with a view to deter the perpetrators & prevent such crimes against children.
A centrally sponsored scheme for setting up of 1023 Fast Track Special Courts (FTSCs) including 389 Exclusive POCSO Courts is implemented by the Department of Justice(DoJ), for expeditious trial and disposal of rape and POCSO cases. As informed by DoJ, 640 FTSCs including 338 exclusive POCSO Courts have become functional in 26 States/UTs by May, 2021, which disposed 50, 484 pending cases till May, 2021. Goa and J&K are yet to operationalize FTSCs. West Bengal, Andaman & Nicobar island and Arunachal Pradesh have still not joined the Scheme. The information regarding the appointment of Judges in special courts formed under POCSO Act, 2012 is not maintained centrally.
11-Feb-2021: Protection of Children from Sexual Offences
Section 5 sub-clause (k) and Section 9(k) of Protection of Children from Sexual Offences (POCSO) Act, 2012 lay down that whoever taking advantage of a child’s mental or physical disability, commits 'penetrative sexual assault' or 'sexual assault' on the child, commits 'aggravated penetrative sexual assault' or 'aggravated sexual assault' respectively. Section 6 of the POCSO Act lays down that whoever commits aggravated penetrative sexual assault shall be punished with rigorous imprisonment for a term which shall not be less than twenty years, but which may extend to imprisonment for life, which shall mean imprisonment for the remainder of natural life of that person, and shall also be liable to fine, or to death . Section 10 of the POCSO Act stipulates that whoever commits aggravated sexual assault shall be punished with imprisonment of either description for a term which shall not be less than five years but which may extend to seven years, and shall also be liable to fine.
Section-33 of the POCSO Act under sub-clause (8) provides that in appropriate cases, the Special Court may, in addition to the punishment, direct payment of such compensation as may be prescribed to the child for any physical or mental trauma caused to him or for immediate rehabilitation of such child.
Rule 4 of the POCSO Rules, 2020 lays down a detailed procedure regarding care and protection, including counseling and therapy, of the victim of child sex abuse. Section-6 of the POCSO Rules, 2020 also has provision regarding providing of Medical aid and care to the victim of child sex abuse. Provision of Special Relief has also been prescribed in the POCSO Rules, 2020 for contingencies such as food, clothes, transport and other essential need. The detailed POCSO Rules, 2020 are available on the website of Ministry of Women and Child Development i.e. www.wcd.nic.in.