Full Form of POCSO
The full form of POCSO is Protection of Children from Sexual Offences. This act is formulated to prevent children from sexual abuse and exploitation. The main aim of this act is to protect children from sexual offences. This act provides for the registration of sex offenders, protection of victims, and prevention of re-offending.
The POCSO Act was formulated in 2012 by the Ministry of Women and Child Development. The act came into force on May 21, 2016. The Act defines a child as any person below the age of 18 years. It also provides for the establishment of Special Courts for the trial of offences under the Act.
Benefits of POCSO Act
The POCSO Act has been successful in preventing children from sexual abuse and exploitation. However, there are some areas where the Act needs to be improved. For instance, the POCSO Act does not provide for the registration of sex offenders. This means that there is no central database of sex offenders in India. Additionally, the POCSO Act does not have any provision for the protection of victims. There is also no mechanism for the prevention of re-offending under the POCSO Act.
History of POCSO Act
The history of the POCSO Act is an interesting one. It also provides some insights into the reasons why the Act was formulated.
There were many reasons for the formulation of the POCSO Act. The most important reason was the increase in child sexual abuse cases in India. According to a report by the National Crime Records Bureau, there were over 792 registered cases of child sexual abuse in India in 2015.
The other reasons for the formulation of the POCSO Act were:
- The lack of legislation on child sexual abuse
- The need for a comprehensive law that covers all aspects of child sexual abuse
- The need for special courts to deal with child sexual abuse cases
- The need for protection and rehabilitation measures for victims of child sexual abuse
The history of the POCSO Act is indicative of the growing awareness about child sexual abuse in India. There is a need for more such legislation to protect children from sexual abuse and exploitation.
Punishment Under POCSO Act
If the offence is committed by a company, then every person who was in charge of and responsible to the company for the conduct of its business at the time when the offence was committed shall be guilty of the offence and shall be punished.
It may be noted that the punishment for an individual is less than that for a company. This may be because it is difficult to hold companies criminally liable for offences as compared to individuals.
The act also prescribes punishment in case of causing death by negligence. If the offence results in the death of any person.
This provision seeks to provide some relief to victims and their families. It should be noted that this punishment is less severe than that prescribed under Section 304A of the Indian Penal Code (IPC), 1860. This is because the offence under POCSO Act, 2002 is not committed with an intention to cause death.
The act also prescribes punishment for the abetment of an offence. If any person abets the commission of an offence under this act.
Abetment has been defined in Section 107 of the Indian Penal Code (IPC), 1860. It includes inciting or aiding another person to commit an offence. The punishment prescribed for abetment is less than that prescribed for the actual commission of an offence. This is because abetment only includes aiding another person to commit an offence, and does not involve any act of commission by the abettor himself.
Conclusion
The POCSO Act is a welcome step towards protecting children from sexual abuse and exploitation. However, more needs to be done to ensure the safety and well-being of children in India. It is also important to create awareness about the POCSO Act among the public so that more people can be protected from sexual offences.
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