POCSO Act, 2012 provides for death penalty for rape on minor girl of less than 12 -years-old

The central government had brought in POCSO Act for the protection of minor boys and girls. The government amended the act to make the punishment more harsh in case the victim was a minor girl. It was amended by the centre to include death penalty.

Ahmedabad: The centre had enacted the Protection of Children from Sexual Offences (POCSO) Act, 2012 to prevent serious crimes against minor boys and girls. POCSO is applied to cases of teasing, touching with bad intention, abduction and rape. There is provision for the death penalty to the culprit in case of rape of a girl of less than 12- year-old girl. The POCSO Act was amended by the centre to include the death penalty. The convicts in the infamous Nirbhaya rape case of Delhi were hanged till death.

The central government had brought in the POCSO Act for the protection of minor boys and girls. The government amended the act to make the punishment harsher in case the victim was a minor girl. The punishment provided under the POSCO Act depends on the nature of the crime. In case of rape, the punishment ranges from a life sentence to hanging till death. In some of the rape cases, the sentence may vary from ten years to life imprisonment. In the case of eve-teasing the sentence can be up to seven years.

In rarest of the rare cases such as rape of a girl below the age of 12 or murder of the rape victim or her torture, the convict can be sentenced to death. In 2020, the Surat Sessions Court has ordered death sentence in two cases of murder after rape. The court passes sentences on the basis of cruelty by the culprit.

Talking about the issue, Gujarat High Court advocate Neel Lakhani said a person filing a false complaint can also be prosecuted under the POCSO. The police need to be extra careful in carrying out investigation in cases where the victim is a minor. The police are not allowed to wear a uniform while investigating the case. There is a provision in the act regarding code of conduct by the media prohibiting mentioning of the name of the victim. There is provision for setting up of a special court for the trial of POSCO cases. A magistrate can record the statement of the victim using the power vested in him.

Many times, minor boys and girls in love unknowingly commit the crime under the POCSO Act. A division bench of the Gujarat High Court comprising Justice Sonia Gokani and Justice N V Anjaria have observed that minor college going boys and girls in love should be made aware about POCSO so that they do not commit serious crimes. Many minor boys and girls have to face prosecution under POCSO because they do not know about the law. Young boys and girls in love may have to face stringent punishment for their crime under the POCSO Act as they are not aware of the law.

Though POCSO was brought in for the safety of minor girls, a young man in love with a minor girl is liable to be prosecuted under various sections of the POCSO Act and on rape charges. That is why it is necessary to teach college students about the law.

Public interest litigation in Gujarat High Court for creating awareness about POCSO

Just as a statutory warning about the use of tobacco is given before the beginning of a movie in theatres, an advertisement should be issued on radio and local TV channels about POCSO to create awareness among people, pleaded the PIL before the High Court.

The petition pointed out that the parents do not discuss with their children subjects related to sex and gender as a result of which case related to sexual exploitation do not get reported. This silence gives a free hand to the culprits and incidents of harassment to children keep on increasing. Under the circumstance, it is necessary to create awareness among children about sexual exploitation. Many times the person committing sexual exploitation of the minor is close to the family. Therefore, it is necessary to create awareness among minor boys and girls. This awareness can be brought about in school and college too.

In most cases, under POCSO the victim and the culprit are known to each other

Many cases under POSCO are also related to love affairs between the victim and the accused. Many times minor boys and girls elope and have physical relationship. After the parents of the girl file, a case of abduction against the boy with police adds charge under POSCO Act in the FIR. The charge under POCSO is of serious nature but the boys and girls in love unwittingly get caught in the web of this law.

Writ in High Court to quash complaint

In many cases of POCSO both the victim and the accused are known to each other and are found to be in love. After a case under POSCO is filed with the police, the accused often approaches the High Court to get the complaint quashed. In some cases, the complaint under POCSO is quashed after the victim and the accused consent to get married. Recently, an accused while appealing for bail in the High Court had expressed willingness to be engaged with the complainant girl followed by marrying her failing which he would go back to jail.

The High Court strikes down the charge under POCSO only when there is an agreement between both the parties in the case. Else, the case is put on trial in the court. It is a punishable offence to disclose the names of both complainant and the accused in a POSCO case.