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An Analysis Of The POCSO Act, 2012





Damini Chauhan, Manipal University Jaipur


ABSTRACT


The Protection of Children from Sexual Offences (POCSO) Act, 20121 is an extensive law to provide for the protection of children from the offences of sexual assault, sexual harassment and pornography, while also safeguarding and protecting the interests of the child at every stage. The Act is gender neutral, i.e., it recognises that the victims and the perpetrators of the offence can be male, female or third gender. The act came up with much hope and as a reform in the criminal justice system by providing special courts, making the police more sensitive in handling the cases such as recording of statement of a girl child victim by a female officer, providing legal safeguards to victim and above all deciding the case in a time period of One year. The researcher has tried to analyse the penal provisions for protection of children against sexual offences. The researcher will also try to fathom the implementations, issues and concerns regarding POCSO Act 2012. The age of consent and the meaning of the term ‘child’ would also be highlighted using legal precedents. There is an immediate need to evoke and implement the legal provisions in special courts so as to evoke speedy justice for the innocent and traumatised victims.


Keywords - Sexual Assault, Sexual Harassment, Child, Legal Age, Consent, Criminal Justice, Skin-To-Skin Touch

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Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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​All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

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The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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