Skip to main content

Child Sexual Abuse Laws: An Analytical Study:

 Child Sexual Abuse Laws: An Analytical Study:

By Nemi Bhavsar

India's child sexual abuse laws were enacted as part of the country's child protection policies.

On May 22, 2012, India's Parliament enacted the 'Protection of Children against Sexual Offences Bill , 2011' into law, which addresses child sexual abuse. The Act was passed to protect children from sexual assault, sexual harassment, and pornography, as well as to establish Special Courts for the trial of such crimes and matters related to or incidental to them.The state's protection of children is guaranteed to Indian citizens 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.

Satish Ragade V. State Of Maharashtra (2021)

Coram: Nagpur bench of Bombay High Court

Facts:

In the present case, the mother of the girl lodged a report at police station asserting that the appellant took her minor daughter on the excuse of giving her guava in the house and groped her breast and tried to remove her salwar.

 The special court convicted the appellant and sentenced him for three years for the offenses punishable under the provisions of sections 354, 363, 342 of Indian Penal Code (IPC) and section 8 of the Prevention of Children from Sexual Offences Act (POCSO Act).


Issue:

The Issue raised was:

Whether the accused is liable for the punishment provided under sections 354, 342, 363 of IPC and section 8 of the POCSO Act?

Judgement:

The Bombay High Court held that, groping a minor's breast without skin to skin contact cannot be referred to as sexual harassment, and acquitted the accused under section 7 of the POCSO Act, and convicted him under the above mentioned provisions of the IPC, hereby reducing his sentence.

The 2019 Amendment Act

There was a surge in the commission of crimes related to children, which called for an immediate need to make punishment under the POCSO Act stringent, so that it acts as deterrence for the offenders. Deterrence creates fear in the society so that the offender refrains from committing criminal acts in the future. The amendment act mainly contains provisions for increased punishments.

The amendment act allows for the fine imposed on the convict to be just and reasonable and must be paid to the victim to meet the medical expenses and rehabilitation of such victim. Earlier, in most cases the victim didn't have resources to get back from mental and physical trauma.

 

The punishment for penetrative sexual assault has been increased from seven to ten years, and where the sexual assault has been committed on a child below sixteen years of age, the imprisonment shall not be less than twenty years and may extend to the imprisonment for the remainder of the natural life of that person.

 

By adding a subsection to section 9, administering any drug, hormone, or chemical substance to a child with the goal that such child attains early sexual maturity has been included in the definition of aggravated sexual assault.

 

Amendment act puts rigorous punishment for using a child for pornographic purposes. Earlier, the punishment was for a maximum of five years for the first time convict, and for a maximum of seven years in the event of second and subsequent conviction. After the amendment, it amends to a minimum of five years in case of first time convict, whereas for a minimum of seven years in the event of second conviction.
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