Critical Analysis Of POCSO Act, 2019

Sonal Rao, LLM, National University of Advanced Legal Studies, Kochi. PhD Scholar at GGSIPU, Dwarka

Vipin Rao, LLB, OP Jindal College & LLM at Kings College London

INTRODUCTION

There was no explicit law that dealt with specific offences related to sexual offences against children prior to the enactment of POCSO Act in 2012. Indian Penal Code, 1860 primarily addressed the offences and imparted punishment to those who committed them. Even though the IPC, 1860, did not have any specific provisions that dealt with sexual offences committed against children, sections like Section 322 (which deals with causing physical grievous hurt), Section 354 (which deals with rape), Section 375 (which deals with rape), and Section 377 (which deals with unnatural offences) were present and were frequently applied in cases of sexual assault or harassment.

The whole of India, excluding the state of Jammu and Kashmir, adopted the POCSO Act on November 14, 2012. The Act was passed to safeguard minors from crimes involving sexual assault, sexual harassment, and pornography and to offer a child legal system for cases involving these offences. The "best interest of the child" premise is given first priority, and it also aims to protect children throughout the entire court procedure. The Act of 2012 is a law that does not differentiate between genders. It safeguards all children from sexual abuse and defines a child as anyone under the age of 181. The following are included in a thorough definition of child sexual abuse.