The POCSO Act was made to protect children (under 18 years) from sexual abuse, sexual harassment, and pornography. It ensures that child victims get justice in a child-friendly and time-bound manner.
Key Features:
- Applies to boys and girls; both are protected equally.
- Covers all kinds of sexual crimes: touching, showing private parts, talking sexually, using children in videos/photos, rape, etc.
- The victim's identity must be kept confidential—no media or public sharing.
- Cases are handled by special courts in a sensitive and fast-track way.
- Statements of the child must be taken without fear or trauma, preferably by a woman officer.
- The law has strict punishments—even life imprisonment for serious offenses.
- Reporting such crimes is mandatory. Not informing the authorities can also be punished.
Purpose:
To make sure that children are safe from sexual abuse and that they and their families can get quick, fair, and sensitive justice without being traumatized further.
FAQs—POCSO Act, 2012
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Q. What is the POCSO Act?
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A. It is a law to protect children under 18 from sexual abuse, harassment, and exploitation.
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Q. Who is considered a “child” under this Act?
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A. Any person below the age of 18 years.
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Q. Does this law protect both boys and girls?
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A. Yes, it protects all children regardless of gender.
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Q. What types of acts are considered offenses under POCSO?
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A. Any sexual activity like inappropriate touching, showing private parts, making sexual remarks, rape, or making child pornography.
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Q. What is the punishment for sexual offenses under POCSO?
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A. Depending on the offense, punishment ranges from 3 years to life imprisonment.
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Q. Can someone be punished for just touching a child inappropriately?
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A. Yes, even non-penetrative sexual assault is punishable.
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Q. What is “Aggravated Sexual Assault”?
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A. When the offender is a person in a position of trust—like a teacher, doctor, police officer, or relative.
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Q. Is watching or sharing child pornography also a crime under POCSO?
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A. Yes, storing, viewing, or distributing child sexual material is a serious offense.
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Q. Can a minor boy be charged under POCSO for being in a relationship with a girl?
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A. Yes, legally both are minors and not allowed to consent, so even consensual acts can attract charges.
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Q. Is it mandatory to report a case of child sexual abuse?
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A. Yes, not reporting is also punishable under the Act.
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Q. Who can file a complaint under POCSO?
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A. The child, parents, guardians, teachers, neighbors—anyone aware of the offense.
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Q. Can a child be called to court to testify?
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A. Yes, but in a child-friendly environment, and the child’s privacy is protected.
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Q. Can the name or identity of the child be revealed?
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A. No, it is illegal to reveal the identity of the child in media or public.
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Q. Is there a time limit to file a complaint?
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A. No, complaints can be filed at any time after the abuse.
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Q. What is a Special POCSO Court?
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A. A court specially designated to handle child sexual abuse cases quickly and sensitively.
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Q. What if the accused is a family member?
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A. The law still applies fully—even parents, relatives, or guardians can be punished.
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Q. Can a false complaint under POCSO lead to punishment?
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A. Yes, but only if it is proved that the complaint was intentionally false.
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Q. Who supports the child during the case?
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A. A support person or child welfare committee may be assigned to help the child through the legal process.
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Q. Can the child get medical help and counseling?
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A. Yes, free medical aid, psychological support, and shelter (if needed) are available.
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Q. How can someone report a case of child sexual abuse?
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A. By going to the police, calling Childline 1098, or contacting the Child Welfare Committee (CWC).
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