The Protection of Children from Sexual Offences (POCSO) Act, 2012 Notes
| Q. No. | Question |
|---|---|
| 1 | What are the salient features of POCSO Act, 2012? |
| 2 | Definitions under POCSO Act, 2012 |
| 3 | What is Penetrative Sexual Assault under the POCSO Act, and what are the punishments? |
| 4 | Discuss the punishment for using a child for pornographic purposes under POCSO Act. |
| 5 | What is the punishment for storage of pornographic material involving a child? |
| 6 | Discuss the provisions related to abetment of an offence. |
| 7 | Explain the procedure for reporting offenses under the POCSO Act. |
| 8 | Discuss the procedure for recording the statement of a child under POCSO Act. |
| 9 | Explain the powers and procedure of Special Courts in the POCSO Act. |
| 10 | Discuss the provisions for assistance to children with disabilities in Special Courts under the POCSO Act. |
| 11 | What are the provisions for handling false complaints? |
| 12 | Discuss the provisions related to media reporting and the protection of the identity of the child. |
9. Explain the powers and procedure of Special Courts in the POCSO Act.
- Cognizance of Offenses: Section 33 grants Special Courts the power to take cognizance of offenses related to child sexual abuse.
- Basis for Action: The Special Court can take action based on complaints or police reports.
- Cross-Examination of Child Witness: The court can permit the cross-examination of a child witness, ensuring the child’s dignity is upheld.
- Recording of Statement: The Special Court may ask the child’s statement to be recorded in a manner that minimizes trauma, such as video conferencing.
- Frequent Breaks: The court may issue frequent breaks during the trial to protect the child from stress.
- Presence of Support Person: The child’s family member or trusted person can be present in court to offer support.
- Privacy and Identity Protection: The court must maintain the child’s privacy and ensure their identity is protected at all times.
- Compensation: If needed, the Special Court may direct payment of compensation to the child for physical or emotional trauma.
- Speedy Trial: The court is expected to complete the trial as soon as possible, ideally within one year of taking cognizance.
- Fair Trial: The Special Court is empowered to take any steps necessary to ensure a fair trial.
- In-Camera Proceedings: In some cases, the court may decide that the trial should be conducted in camera to protect the child’s privacy.
- Protection from Intimidation: The Special Court ensures that the accused cannot intimidate or manipulate the child witness.
- Case Law – Vikram v. State of Rajasthan (2021): Emphasized the swift procedures under Special Courts for child sexual offenses.
