Hello everyone, welcome you at your favorite organization called “The Law IQ”. Today “The Law IQ” comes with a new article in the field of criminal law. In this article, we mainly discuss the parameters of the Protection of children from sexual harassment.
Today, In this article The Law IQ covers the Highlight Protection of children from sexual harassment. This article helps you to sharpen your legal mind in the field of Criminal Law.
These articles cover the following things:
INTRODUCTION : Protection of children from sexual offenses
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Penetrative Sexual Assault & Aggravated Penetrative Sexual Assault
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Sexual Assault
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Sexual harassment
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Pornography
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Process of Hearing
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IMPORTANT, SUBJECT AND THEIR DETAILS
So, Let’s start the article without wasting tim
Learning Outcomes
INTRODUCTION : Protection of children from sexual offenses
➢ This act, Protection of Children from sexual offenses was enacted in 2012 and this act was implemented with effect from 14 November 2012.
➢ This act provides a special mechanism of complain & hearing sexual offenses relating to children and This act also provides stringent penalties for the same.
➢ The offenses are categorized under the following Categories in this Protection of Children from sexual offense:-
1.1 Penetrative Sexual Assault.
1.2. Sexual Assault
1.3. Sexual Harassment.
1.4. Pornography
1.1Penetrative Sexual Assault:
➢ If a person inserts his body parts of any other objects in the mouth of the private part of the child then it will be known as the above crime or forces the child to do such an act with himself.
1.1.2.Aggravated Penetrative Sexual Assault
➢ If a crime is committed by a specified person or in specified circumstances then it will be treated as aggravated crime.
Example –
| Police Security forces Educational Institution’s staff or director crime committed during natural calamity. crime committed during communal riots. crime committed by groups or gangs. Use of firearms. Death of a child due to such crime. Permanent injury to ports of child (Body) Offense committed by public servants. If the child became pregnant. A relative of the child. Repetitive offense with same child. |
1.2 Sexual Assault :
➢ Touching private parts or breasts, of the child with sexual intent or asking the child to do so.
1.3 Sexual harassment :
➢ Showing illicit material to the child using abusive language, passing sexually colored remarks or objectionable gestures etc.
1.4 Pornography :
➢ Creating pornographic material involving the child representing the sexual organs of the child.
➢ Storage of such material involving the child representing the sexual organs of the child.
➢ Distribution of such material.
Process of Hearing:
Information about crime with the child may be reported to general police or special juvenile police unit.
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Upon receiving the complaint police must inform the child welfare community within 18 hours.
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The child should not be called to police station for enquiry.
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The enquiry must be conducted at his home or place of his choice.
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The enquiry must be performed by female officer of SI rank or high rank.
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During enquiry the officer must wear civil dress.
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During enquiry presence of parents is must.
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It medical examination of the child is required then it must be performed by a female medical officer in presence of guardian.
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Copy of medical report shall be given to the guardian
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Govt. must est. special courts.
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The child shall not be called frequently in the court for hearing.
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During hearing objectionable questions should not be asked to child
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The hearing may be recorded.
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The court atmosphere should be child friendly.
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During entire process the identity of child shay not be revealed.
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If identity is disclosed by media person then the media person and editor shall be liable for imprisonment of 6 month.
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If a person have knowledge about offense with the child and he fails to report the case, then 6 month imprisonment can be ordered.
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If the above offence is committed by director of school or shelter home them 1 year imprisonment can be ordered.
IMPORTANT, SUBJECT AND THEIR DETAILS
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Section 3 of the act deals with Penetrative Sexual Assault Section 4 of the act deals with Penalty for Penetrative Sexual Assault → Minimum 10-year imprisonment. → Maximum life imprisonment. If the age of the child is below 16 years then maximum imprisonment is 20 years. Section 5 of the act deals with Aggravated Penetrative Sexual Assault Section 6 of the act deals with Penalty for Aggravated Penetrative Sexual Assault → Minimum 20-year imprisonment. Section 7 of the act deals with Sexual Assault Section 8 of the act deals with Penalty for Sexual Assault → Minimum 3 years imprisonment. → Maximum 5 years imprisonment. Section 9 of the act deals with Aggravated Sexual Assault Section 10 of the act deals with Penalty for Aggravated Sexual Assault → Minimum 5 years imprisonment. → Maximum 10 years imprisonment. Section 11 of the act deals with Sexual Harassment Section 12 of the act deals with Penalty for Sexual Harassment → Imprisonment upto 3 years Section 13 of the act deals with Use of child for pornographic purpose Section 14 of the act deals with Penalty for Use of child for pornographic → Minimum 5 years imprisonment. Section 15 of the act deals with Storage of pornographic material → Minimum – 5 K penalty imprisonment upto 3years – 5 years |
➢ In all above offences fine can be imposed along with imprisonment.
➢ Similar penalty shall be imposed on all criminals who participated in the crime.
➢ Pocso Box has been est. for registering complaints under this act