Skip to main content

An Analytical Study of Child Sexual Abuse Laws

 An Analytical Study of Child Sexual Abuse Laws

By Shagun Mahendroo


Child sexual abuse legislation was passed in India as part of the country's child protection measures. The 'Protection of Children against Sexual Offences Bill (POCSO), 2011' was passed into law by India's Parliament on May 22, 2012, and it covers child sexual abuse. The Act was created to protect children from sexual assault, sexual harassment, and pornography, as well as to create Special Courts to try such crimes and matters linked to or incidental to them.

Indian residents are granted the state's protection of children under an expansive interpretation of Article 21 of the Indian constitution, as well as mandated by India's status as a signatory to the United Nations Convention on the Rights of the Child.

The POCSO Act's Importance

Prior to the passage of the POCSO Act, most recorded offences were handled by the Indian Penal Code, 1860. There was no explicit statute that could be used to penalise perpetrators. The Protection of Children from Sexual Offenses Act of 2012 (POCSO Act) and its implementing rules were passed with the purpose of protecting children from a variety of sexual offences and creating child-friendly court systems to deal with them.

1)Gender-neutral legislation: The POCSO Act creates a gender-neutral legal framework for children who have been sexually assaulted. It recognises that boys can be victims of sexual violence as well.

2) Procedures that are child-friendly: It implemented regulations aimed at making the criminal justice system more child-friendly and preventing re-traumatization. Everything is covered, from how to document the child's statement through the medical examination and the designation of special child-friendly courts.

3)Wide range: The concept of a sexual offence against a child was further enlarged under the Act. It expanded the definition of sexual assault to include both non-penetrative and aggravated penetrative assault (sections 3–10), as well as punishments for individuals in positions of trust, such as government personnel, educators, and police officers.

4)No time limit for filing a report of abuse: A victim has the right to report an offence at any time, even if it occurred years ago. There are no time or age constraints for reporting sexual offences under the POCSO Act. In the case of State of Punjab v. Gurmeet Singh, 1996 SC, it was held that there is no need to justify the delay in rape cases because the nature of the crime and the stigma associated with it clearly explains the delay in filing the F.I.R.

5)Maintaining the Victim's Identity's Confidentiality: The POCSO Act prohibits the victim's identity from being revealed in any form of media unless the act's special courts authorise it. Whether or not such disclosures are made in good faith is irrelevant.


Satish Ragade V. State Of Maharashtra (2021)

Facts: In this instance, the girl's mother filed a police report alleging that the appellant took her minor daughter into the house under the guise of providing her guava and grabbed her breast and attempted to remove her salwar. The appellant was found guilty and sentenced to three years in prison for charges punishable under sections 354, 363, and 342 of the Indian Penal Code (IPC) and section 8 of the Prevention of Children from Sexual Offenses Act (POCSO Act).

Issue: Is the accused subject to the punishments stipulated in sections 354, 342, and 363 of the IPC, as well as section 8 of the POCSO Act?

Judgement: The Bombay High Court ruled that grabbing a minor's breast without making skin-to-skin contact is not sexual harassment, and acquitted the accused under section 7 of the POCSO Act, but convicted him under the IPC's above-mentioned provisions, thereby decreasing his sentence.

The 2019 Amendment Act

There has been an increase in the number of offences involving children, necessitating the prompt implementation of stricter penalties under the POCSO Act to serve as a deterrent to criminals. Deterrence instils dread in society, causing the offender to stop from doing criminal crimes again. The amending act primarily includes provisions for harsher penalties.

According to the amendment statute, the fine imposed on the criminal must be just and reasonable, and it must be provided to the victim to cover medical expenses and rehabilitation. Previously, most victims lacked the resources necessary to recover from emotional and physical trauma.

The penalty for penetrative sexual assault has been increased from seven to ten years in jail, and where the sexual assault is perpetrated on a child under the age of sixteen, the sentence must be at least twenty years in prison and may extend to the rest of the person's natural life.


Administering any medicine, hormone, or chemical substance to a child with the objective of achieving early sexual maturity has been added to the definition of aggravated sexual assault by adding a subsection to section 9.

The statute makes it illegal to store pornographic materials containing children for commercial purposes, as well as to store or fail to disclose them to the appropriate government. The accused is subject to a punishment of Rs. 5,000 and a maximum sentence of three years in prison, as well as a fine of Rs. 10,000 and a maximum sentence of five years in prison for consecutive reporting of offences.

The act of 2012 is social, gender neutral legislation in the field of criminal law which can be used by the courts to apply and interpret the provisions of the said act in cases falling within the ambit of the statute. The legislature must take all the loopholes and shortcomings into consideration, and must welcome all the amendments time to time, as per the changing dynamics of the society.
Labels:

Comments

Post a Comment

Popular posts from this blog

Section 58B of The Advocates Act - Special provision relating to certain disciplinary proceedings

 Section 58B The Advocates Act Description (1) As from the 1st day of September, 1963, every proceeding in respect of any disciplinary matter in relation to an existing advocate of a High Court shall, save as provided in the first proviso to sub-section (2), be disposed of by the State Bar Council in relation to that High Court, as if the existing advocate had been enrolled as an advocate on its roll. (2) If immediately before the said date, there is any proceeding in respect of any disciplinary matter in relation to an existing advocate pending before any High Court under the Indian Bar Councils Act, 1926 (38 of 1926), such proceeding shall stand transferred to the State Bar Council in relation to that High Court, as if it were a proceeding pending before the corresponding Bar Council under clause (c) of sub-section (1) of section 56: Provided that where in respect of any such proceeding the High Court has received the finding of a Tribunal constituted under section 11 of the Indian B
Post a Comment
Read more

Case Laws related to Defamation in favour of ClaimantCase Laws related to Defamation in favour of Claimant. TOLLEY Vs, J.S FRY & SONS LTD – (1931) Facts The defendants were owners of chocolate manufacturing company. They advertised their products with a caricature of the claimant, who was a prominent amateur golfer, showing him with the defendants’ chocolate in his pocket while playing golf. The advertisement compared the excellence of the chocolate to the excellence of the claimant’s drive. The claimant did not consent to or knew about the advertisement. Issue The claimant alleged that the advertisement suggested that he agreed to his portrait being used for commercial purposes and for financial gain. He further claimed that the use of his image made him look like someone who prostituted his reputation for advertising purposes and was thus unworthy of his status. At trial, several golfers gave evidence to the effect that if an amateur sold himself for advertisement, he no longer maintained his amateur status and might be asked to resign from his respective club. Furthermore, there was evidence that the possible adverse effects of the caricature on the claimant’s reputation were brought to the defendants’ attention. The trial judge found that the caricature could have a defamatory meaning. The jury then found in favor of the claimant. Held The House of Lords held that in the circumstances of this case – as explained by the facts – the caricature was capable of constituting defamation. In other words, the publication could have the meaning alleged by the claimant. The Lords also ordered a new trial limited to the assessment of damages. NEWSTEAD V LANDON EXPRESS NEWSPAPER LTD, (1939) Facts: A newspaper published a defamatory article about Harold Newstead. However, another person with this name brought an action in libel. He claimed that the article had been misunderstood as leading to him. The defendant newspaper recognised that they published the article. Also, they denied that they had the intention of being defamatory of him. Consequently, the claimant argued that the newspaper was under a duty. The duty was to give a clear and complete description of the correct person. Moreover, the claimant argued that the defendants were in breach of the duty. Issues: The issue in Newstead v London Express Newspaper, was if the reasonable persons would have understood the words complained of to refer to the plaintiff. Held: The Court of Appeal stated that in accordance with the current law on libel, liability for libel does not depend on the intention of the defamer; but on the fact of the defamation. Accordingly, a reasonable man, in this case a newspaper publisher, must be aware of the possibility of individuals with the same name and must assume that the words published will be read by a reasonable man with reasonable care.

  Case Laws related to Defamation in favour of Claimant.  TOLLEY  Vs,  J.S FRY & SONS LTD – (1931) Facts The defendants were owners of chocolate manufacturing company. They advertised their products with a caricature of the claimant, who was a prominent amateur golfer, showing him with the defendants’ chocolate in his pocket while playing golf. The advertisement compared the excellence of the chocolate to the excellence of the claimant’s drive. The claimant did not consent to or knew about the advertisement.   Issue The claimant alleged that the advertisement suggested that he agreed to his portrait being used for commercial purposes and for financial gain. He further claimed that the use of his image made him look like someone who prostituted his reputation for advertising purposes and was thus unworthy of his status. At trial, several golfers gave evidence to the effect that if an amateur sold himself for advertisement, he no longer maintained his amateur status and might be aske
1 comment
Read more

Rules as to delivery of goods

                             Rules as to delivery of goods Section 2(2) of Sale of Goods Act defines ‘delivery’ as a ‘voluntary transfer of possession from one person to another.’ Thus, if the transfer of goods is not voluntary and is taken by theft, by fraud, or by force, then there is no ‘delivery. Moreover, the ‘delivery’ should have the effect of putting the goods in possession of the buyer. The essence of the delivery is a voluntary transfer of possession of goods from one person to another. There is no delivery of goods where they are obtained at pistol point or theft. 1. Mode of Delivery: According to Section 33, delivery of goods sold may be made by doing anything which the parties agree shall be treated as delivery or which has the effect of putting the goods in the possession of the buyer or of any person authorized to hold them on his behalf. Delivery of goods may be actual, symbolic or constructive. 2. Expenses of Delivery: According to Section 36(5), unless otherwise agree
Post a Comment
Read more