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. |
10. Discuss the provisions for assistance to children with disabilities in Special Courts under the POCSO Act.
- Use of Special Educator or Expert: Section 38 mandates the use of a special educator or expert when dealing with children with disabilities.
- Assistance During Testimony: The assistance can be provided to children with physical or mental disabilities during their testimony.
- Arrangement of Interpreters: The Special Court is required to arrange for interpreters if necessary.
- No Coercion: The court ensures that children with disabilities are not coerced into giving a statement.
- Role of Special Educator: A special educator helps in making the child comfortable and communicating their statement.
- Assessment of Disability: The child’s disability must be assessed carefully to determine the appropriate method of communication.
- Use of Experts: Experts may be used to ensure that the child’s statement is recorded in a way that reflects their true experience.
- Dignity and Privacy: The court ensures the child’s dignity and privacy are maintained throughout the legal process.
- Support Throughout Trial: Support for the child is provided throughout the trial, including psychological and emotional help.
- Involvement of Family or Guardian: The child’s family or guardian should be involved in the process to help the child understand the trial.
- Protection from Vulnerability: The provisions help ensure that children with disabilities are not left vulnerable in legal proceedings.
- Special Accommodations: The Special Court can recommend special accommodations to support the child during the trial.
- Case Law – Kumari v. State (2018): Emphasized the use of experts to support children with disabilities in court proceedings.
