Legal Sarcasm

POCSO: Accused convicted within a month of filing charge sheet RISHI KHANDELWAL BACKGROUND POCSO or The Protection of Children from Sexual Offences Act (POCSO Act) 2012 was established to protect the children against offences like sexual abuse, sexual harassment and pornography. It was formed to provide a child-friendly system for trial underneath which the perpetrators could be punished. The Act defines a child as any person below eighteen years of age. It also makes provisions for avoiding the re-victimization of the child at the hands of the judicial system. Protection of Children from Sexual Offences Act, 2012 received the President’s assent on June 19, 2012. It was notified in the Gazette of India on June 20, in the same year. The Act also makes it mandatory to report such cases. It makes it the legal duty of a person aware of the offence to report the sexual abuse. In case he fails to do so, the person can be punished with six months’ imprisonment or fine. The A...

Establishment of 'Penetrative Act' Under Section 3 of POCSO BY - ANUSHA AGARWAL BACKGROUND: Delhi high court reiterated the position of law on the reliability of evidence given by child witness is wild upholding a conviction for child rape. A single bench of justice Hari Shankar also explain the threshold to establish penetrative act under section 3 of POCSO and went on to comment upon the character of crimes of such nature. It was said by Mahatma Gandhi that - "An Eye for an Eye will make the whole world is blind". Now the time has come to adopt the reformative theory of punishment because the criminal is not criminal by birth but rather situation made them. REASON FOR ENACTMENT OF POCSO ACT, 2012 The very inadequacy of Indian penal code and absence of any legislation for effectively addressing and tackling crime such as sexual exploitation and sexual abuse of children give birth to the commencement...

SC DIRECTS SETTING UP OF  SPECIAL COURTS FOR POCSO CASES. BY- SHRISHTI KHANDELWAL BACKGROUND: POCSO stands for The Protection of Children from Sexual Offences Bill which amends the Protection of Children from Sexual Offences Act, 2012. The Act seeks to protect children from offenses such as sexual assault , sexual harassment, and pornography. The POCSO Act 2012 was introduced in Rajya Sabha on March 23, 2011. Since India is a signatory to the UN Convention on the Rights of the Child since 1992. The parties to the Convention are required to take measures to prevent children from being coerced into any unlawful sexual activity. The Bill seeks to penalise any person who commits offences such as "sexual harassment” with imprisonment up to 3 years and a fine, “sexual assault” with imprisonment between three to five years and a fine, “penetrative sexual assault” with imprisonment between seven years and life and a fine, and “aggravated penetrative sex...

RAJYA SABHA CLEARS POCSO AMENDMENT BILL 2019 SHRISTI KHANDELWAL  BACKGROUND: POCSO stands for The Protection of Children from Sexual Offences Bill which amends the Protection of Children from Sexual Offences Act, 2012.  The Act seeks to protect children from offences such as sexual assault, sexual harassment, and pornography. The POCSO Act 2012 was introduced in Rajya Sabha on March 23, 2011. Since India is a signatory to the UN Convention on the Rights of the Child since 1992. The parties to the Convention are required to take measures to prevent children from being coerced into any unlawful sexual activity. The administrative provisions under the act are as follows: Any offence committed under this Act shall be reported to either the local police or the Special Juvenile Police Unit who has to report the matter to the Special Court within 24 hours of the commission of the offence. The police also have to make a special arrangement for the care of the chil...

MADRAS HIGH COURT RECOMMENDATIONS ON POCSO ACT B ACKGROUND   Child abuse is any form of persecution whether it’s physical,   mental, verbal, medical or sexual, which is violent or belligerent for the child. The Federal Child Abuse Prevention and Treatment Act (CAPTA) , as amended by the CAPTA Reauthorization Act of 2010, defines child abuse and neglect as, "Any recent act or failure to act on the part of a parent or caretaker which results in death, serious physical or emotional harm, sexual abuse or exploitation"; or "An act or failure to act which presents an imminent risk of serious harm." In the above mentioned definition of child abuse by CAPTA, a child basically means a person who is below the age of 18.  POCSO ACT POCSO or The Pro tection of Children from Sexual Offenses Act (POCSO Act) 2012 was built up to protect the children against offenses like sexual maltreatment, physical as well as mental torture   and erot...