Sexual intent is key to POCSO Act: SC

Sexual intent is key to POCSO Act: SC

Part of: Prelims and GS-I – Problems faced by children and women 

Context The Supreme Court quashed a Bombay High Court decision to acquit a man charged with assault under the Protection of Children from Sexual Offences Act (POCSO) solely on the grounds that he groped the child over her clothes without “skin-to-skin” contact. 

• The SC said that the act of touching a sexual part of the child’s body with sexual intent will not be undervalued.
• The judge had argued that the High Court order would set a “very dangerous precedent” and cripple the intention of the POCSO Act to punish sexual offenders. 

Salient features of the POCSO Act

• “Children” according to the Act are individuals aged below 18 years. The Act is gender-neutral.
• Different forms of sexual abuse including but not limited to sexual harassment, pornography, penetrative & non-penetrative assault are defined in the Act.
• The investigation process should be child-friendly and the case should be disposed of within one year from the date of reporting.
• The Act provides for the establishment of Special Courts for the trial of such offences and matters related to it.
• Section 45: The power to make rules lies with the central government.
• The National Commission for the Protection of Child Rights (NCPCR) and State Commissions for the Protection of Child Rights (SCPCRs) monitor the Act’s implementation. Both are statutory bodies.
• Section 42 A: In case of inconsistency with provisions of any other law, the POCSO Act shall override such provisions.