What is POCSO Act? Know Landmark Judgments on POCSO Cases
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In the law entrance exams, the questions are asked from objectives, important provisions, punishments, amendments, and landmark features. Read further to know what all and how to study about this act for the law exam preparation.
To protect children under 18 from sexual assault, harassment and pornography the POSCO ACT was made. This is one of the main topics asked in the law entrance exams, such as AIBE, CLAT, AILET, SLAT, MH CET Law, and other LLB entrance examinations.
Under this act, all kinds of sexual activity with minors are considered non-consensual offenses and are subject to strict punishments like life imprisonment and the death penalty. The cases under this act are taken in a fast-track manner. In the law entrance exams, the questions are asked from objectives, important provisions, punishments, amendments, and landmark features. Read further to know what all and how to study about this act for the law exam preparation.
- What is the POCSO Act?
- Why was the POCSO Act Introduced?
- Important aspects of POCSO Act
- POCSO Act Landmark Judgments
What is the POCSO Act?
- Sexual assault
- Sexual harassment
- Pornography
- Exploitation
Why was the POCSO Act Introduced?
The POCSO Act came into force, considering that there was no dedicated law implemented to deal specifically with child sexual abuse. Before POCSO, the offences against children use to be covered under the Indian Penal Code (IPC). The Act was introduced because:
- Crimes against children were increasing
- Existing laws were inadequate
- There was a need for child-friendly legal procedures
- India had obligations under the UN Convention on the Rights of the Child (UNCRC)
Also Read: Important Landmark Judgements for law entrance exam
Important aspects of POCSO Act
The major objectives of the POCSO Act are:
- To protect children from sexual offences & abuse in various environments (home, school, digital)
- To ensure a child-friendly investigation and trial
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To provide speedy justice through Special Courts
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To safeguard the identity and dignity of children
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To punish offenders with stringent penalties
Also Read:
POCSO Act Landmark Judgments
Candidates must check the important landmark judgments often asked in law entrance exams below
- Attorney General for India v. Satish
The Bombay High Court had ruled that if a child's body is touched over the clothes without direct skin-to-skin contact, it will not be considered sexual assault under Section 7 of the POCSO Act. The SC, however, called it out as an offence, stating that the intention behind the act is more important.
2. Jarnail Singh v. State of Haryana
The case highlighted the need to fast-track procedures involving rape and child sexual abuse. This was done to ensure justice is not denied or delayed. The court said that the statements of the victims should be recorded immediately. Medical examination must be conducted without delay.
4. Independent Thought v. Union of India
In this landmark judgement, the Supreme Court pronounced that an accused guilty of having sexual intercourse with a wife below 18 years of age amounts to rape. Marriage cannot be used as a defence for child sexual abuse. This protected minor girls from abuse within marriage.
5. Alakh Alok Srivastava v. Union of India
It is a landmark Supreme Court judgment where strict guidelines were issued for the speedy trial and monitoring of cases under the Protection of Children from Sexual Offences Act. The Apex Court also announced the establishment of special POCSO Courts, and the judgment should be delivered within one year of the complaint.