Protection of Children from Sexual Offences (POCSO) Act, 2012
The POCSO Act is a comprehensive legislation that protects children below 18 years from sexual offences. In Agra, POCSO cases are tried by designated Special Courts with child-friendly procedures. Understanding this law is crucial for parents, teachers, and anyone working with children.
Offences Under POCSO Act
Penetrative Sexual Assault (Section 3): Punishment of minimum 10 years to life imprisonment. Aggravated form (Section 5) carries minimum 20 years to life or death penalty.
Sexual Assault (Section 7): Non-penetrative sexual touch with sexual intent. Punishment of 3-5 years and fine.
Sexual Harassment (Section 11): Showing pornography to a child, making sexual gestures, or using words with sexual intent. Punishment up to 3 years.
Using Child for Pornographic Purposes (Section 13): Punishment of minimum 5 years and fine.
Mandatory Reporting
Section 19 makes it mandatory for every person who has knowledge of a POCSO offence to report it to the police or Special Juvenile Police Unit (SJPU). Failure to report is punishable under Section 21 with imprisonment up to 6 months.
Child-Friendly Procedures
The POCSO Act mandates: recording of the child’s statement by a woman police officer at the child’s residence or a comfortable place, medical examination by a female doctor, trial in camera (closed court), identity of the child cannot be disclosed, the child should not see the accused during testimony (use of screens or video conferencing), and the case must be disposed of within one year.
Filing POCSO Complaint in Agra
1. Report to the nearest police station or dial 112
2. Contact the Child Welfare Committee (CWC), Agra
3. Contact Childline helpline: 1098
4. The police must register FIR under POCSO Act (non-registration is punishable)
5. The child must receive immediate medical attention
Special Court in Agra
Agra has a designated Special POCSO Court that exclusively tries cases under the POCSO Act. The Special Court follows child-friendly procedures and aims for speedy disposal.
False POCSO Allegations
Section 22 provides punishment for false complaints with imprisonment up to 6 months. However, this does not apply to the child victim.
Agra Legal Firm POCSO Practice
We provide sensitive and comprehensive legal assistance in POCSO cases for both victims and the accused. Our team ensures child-friendly court procedures are followed. Contact 9634 323 234.