posco Flashcards
(34 cards)
What is the purpose of the Protection of Children from Sexual Offences (POCSO) Act, 2012?
To effectively address crimes of sexual abuse and exploitation of children through stringent legal provisions
Introduced by the Ministry of Women and Child Development.
What significant amendment was made to the POCSO Act in 2019?
Enhancement of punishments for various offences to deter perpetrators
Aimed at ensuring safety, security, and dignified childhood for children.
How does the POCSO Act define a child?
Any person below eighteen years of age.
What are the key considerations of the POCSO Act regarding children?
Best interests and well-being of the child are paramount at every stage
Ensures healthy physical, emotional, intellectual, and social development.
What forms of sexual abuse are defined by the POCSO Act?
- Penetrative assault
- Non-penetrative assault
- Sexual harassment
- Pornography
Under what circumstances is a sexual assault considered ‘aggravated’ according to the POCSO Act?
- When the child is mentally ill
- When committed by a person in a position of trust or authority
Is the POCSO Act gender-specific?
No, it is gender neutral.
What type of punishment does the POCSO Act prescribe for various offences?
Stringent punishment graded according to the gravity of the offence, including life imprisonment and fines.
How is ‘child pornography’ defined in the POCSO Act?
Any visual depiction of sexually explicit conduct involving a child, including photographs, videos, or computer-generated images.
What actions are considered offences under the POCSO Act?
- Touching the private parts of the child
- Making the child touch private parts
- Insertion of objects into the child’s private parts
- Use of child in pornography
- Exploitative use in prostitution or other unlawful activities
What constitutes ‘Aggravated Assault’ under the POCSO Act?
- Causes fatal injury
- Causes mental or physical disability
- Assault committed more than once
- Child is below 16 years of age
What is the punishment for sexual assault under the POCSO Act?
Not less than three years, extending to five years, and a fine.
What is the punishment for aggravated sexual assault by a person in authority?
Not less than five years, extending to seven years, and a fine.
What is the minimum punishment for using a child for pornographic purposes?
Not less than five years and a fine; upon subsequent conviction, seven years and a fine.
What is the maximum punishment for penetrative sexual assault on a child?
Not less than ten years, extending to life imprisonment.
What provisions related to the conduct of trial does the POCSO Act include?
- Recording child’s statement at their residence
- No child detained in police station at night
- Police officer not in uniform while recording
- Assistance of interpreters or special educators as needed
What should be ensured during the medical examination of a child victim under the POCSO Act?
Conducted in the presence of a trusted person, preferably a woman doctor if the victim is a girl.
What is the penalty for failing to report an offence under the POCSO Act?
Imprisonment for six months and/or a fine.
What does the Juvenile Justice (Care and Protection of Children) Act, 2015 replace?
It replaces the Juvenile Justice (Care and Protection of Children) Act, 2000.
What change in nomenclature does the Juvenile Justice Act implement?
It changes ‘juvenile’ to ‘child’ or ‘child in conflict with law’ to remove negative connotation.
What new definitions are included in the Juvenile Justice Act, 2015?
- Orphaned children
- Abandoned children
- Surrendered children
- Petty offences
- Serious offences
- Heinous offences
What special provisions does the Juvenile Justice Act include for children aged 16-18?
It includes special provisions to tackle child offenders committing heinous offences.
What does the Juvenile Justice Act mandate regarding the Juvenile Justice Boards?
It mandates setting up Juvenile Justice Boards and Child Welfare Committees in every district, with at least one woman member each.
What is the role of the Central Adoption Resource Authority (CARA) under the Juvenile Justice Act?
CARA is granted the status of a statutory body to enable it to perform its functions more effectively.