Pratyush Jha, Amity Law School, Noida, AUUP
ABSTRACT
The Protection of Children from Sexual Offences Act, 2012 is one of the important pieces of legislation brought by the Parliament to address the offences and harassment faced by children (who are considered to be part of the weakest and defenceless segments of society). Under various articles of the Constitution of India, the concern of children's susceptibility and the need to protect them is emphasized. Prior to the introduction of this act, the Law Commission also examined the whole law, including sexual offenses, for its 172nd Law Commission Report and made many requests for revisions that deal with the topic. The legal framework at that time was insufficient to address child sex crimes. Apart from Indian Government, initiatives were also taken on this subject at the international level and legislations were brought as well, e.g., the Convention on the Rights of the Child in 1989.
This paper gives a detailed insight into this law's necessity, and importance, and highlights its salient features. In furtherance of the same, there is an analysis of the procedure of reporting POCSO-related cases, jurisdiction, and conducting trials of the reported offences. Furthermore, the paper considers the landmark judgments given by courts of law on this subject and further discusses the role of doctors in the cases of POCSO. Discussion is also made on the amendment brought into this law in the year 2019. With it, the paper considers the role and responsibilities of NCPCR and SCPCRs. Lastly, a discussion is made on the preventive measures to be taken to reduce the number of cases, notable difficulties faced while dealing with POCSO cases and finally the paper ends with a conclusion.
