Constitutionality Of Reverse Burden Of Proof In POCSO Act, 2012
- IJLLR Journal
- Jan 25
- 2 min read
Adv. Gopika. H.H, Guest Faculty, SLS CUSAT
“Safety and security don't just happen; they are the result of collective consensus and public investment. We owe our children, the most vulnerable citizens in our society, a life free of violence and fear.”
— Nelson Mandela
Introduction
Children constitute a particularly vulnerable segment of society due to their age, emotional immaturity, and dependence on adults, factors which substantially increase their susceptibility to exploitation and abuse. In order to address the absence of a specialised legal framework dealing with sexual offences against children, the Indian Parliament enacted the Protection of Children from Sexual Offences Act, 2012 (POCSO Act). The statute seeks to provide comprehensive protection by expressly defining sexual offences against children, prescribing child-friendly mechanisms for reporting, investigation, and trial, and mandating that the best interests of the child remain central to the criminal justice process. Through these legislative interventions, the POCSO Act has played a crucial role in strengthening child protection laws and has significantly contributed to the evolution of child-centric jurisprudence in India.
One of the primary objectives of the Protection of Children from Sexual Offences Act, 2012 is to ensure the conduct of child-friendly trials. Prior to the enactment of this legislation, the criminal justice administration largely operated within a framework designed for adult offenders and adult victims, resulting in children being subjected to procedures that were neither sensitive to their age nor tailored to their specific needs. The POCSO Act seeks to remedy this deficiency by introducing special procedural safeguards that minimise trauma and ensure a supportive environment for child victims and witnesses during judicial proceedings, like in camera proceedings, speedy trials, special courts and also a presumption has been provided that the accused in case of sexual assault has committed the offence unless proved otherwise.
