POCSO Act provides death penalty for sexual offenses against children

Protection of Children from Sexual Offenses Act (POCSO) has been enacted to protect children from sexual crimes. Under this law made by the Union Ministry of Women and Child Development, action is taken in cases of sexual crimes and molestation of minor children like sexual harassment, sexual exploitation, and pornography. In this, different punishments are also prescribed for different crimes. This Act is applicable in the entire country. All offenses under POCSO are heard by a Special Court on camera in the presence of the child’s parents or people whom the child trusts.

After the implementation of the POCSO Act 2012, in the year 2020, along with many other amendments, the scope of punishment has been increased in the POCSO Act and provision of punishment ranging from life imprisonment to death penalty has been made. Section 3 of the Act provides for imprisonment of at least 10 years for sexual assault, which can be extended up to life imprisonment, and provision for fine in Section 4. For aggravated penetrative sexual assault there is a minimum imprisonment of 20 years under Section 5, which may extend to life imprisonment/death penalty. In this, provision for a fine has also been made in Section 6. In case of sexual assault, Section 7 provides for a minimum imprisonment of 3 years, which can be extended up to 5 years and a fine is also provided for in Section 8. In case of aggravated sexual assault, Section 9 provides for a minimum imprisonment of 5 years, which can be extended up to 7 years. Besides, a provision for a fine has also been made in Section 10. In the Act, for sexual harassment, there is a provision of 3 years imprisonment in Section 11 and a fine in Section 12.

Provision of rigorous imprisonment for life and punishment for obscene use of children

The POCSO Act has stringent provisions against using children for obscene purposes. There is a provision of 5 years imprisonment in Section 13 for using children for obscene purposes/pornography and in case of subsequent offenses in Section 14(1), there is a provision of 7 years imprisonment and fine. Section 14(2) of the Act provides for a minimum imprisonment of 10 years which may extend to life imprisonment/death penalty in case of serious case of sexual exploitation while using children for obscene purposes. There will also be a fine. It is also provisioned in the Act that in the most serious case of sexual assault, while using a child for obscene purposes, the punishment will be rigorous life imprisonment and a fine under Section 14(3). In case of sexual exploitation while using a child for indecent purposes, Section 14(4) provides for a minimum imprisonment of 6 years which may extend to 8 years with a fine.

In the POCSO Act, in the most serious case of aggravated sexual assault, while using a child for obscene purposes, there is a provision for imprisonment of at least 8 years in Section 14(5). The imprisonment may extend up to 10 years. Along with this, provision for fine has also been made. There is a provision in Section 15 of the Act that keeping any obscene material related to children for commercial purposes can lead to 3 years imprisonment or a fine or both.

Provision of punishment even for instigating crime

The POCSO Act also provides for punishment for instigating crime. Provocation has also been considered equivalent to committing a crime. Section 16 also includes illegal trafficking of children for sexual exploitation.

Provision for action even if a crime is not reported

All have been banned under the POCSO Act. Section 21(1) provides for imprisonment of up to 6 months or a fine or both for not reporting any crime that has occurred.