Misuse of the POCSO Act: False Accusations and Legal Ramifications
Introduction:
India is home to 19% of the world’s children, accounting for 42% of its overall population. India is a country known for its multicultural, multi-ethnic, and multi-religious population but there exist economically and socially downtrodden groups which face a wide range of challenges. Children are consistently the most vulnerable members of these groups. While it is true that girls are slain before they are born, those who survive are exposed to a variety of atrocities. Furthermore, India has the greatest rate of child sexual abuse in the world, with rape of a child under the age of 16 years occurring every 155 minutes, rape of a child under the age of 10 years occurring every 13 hours, and one in ten of these children being raped at any given time. On May 22, 2012, the Indian parliament passed the ‘Protection of Children Against Sexual Offenses Bill, 2011’, which ended years of a lack of explicit regulations against child sexual abuse that would have treated minors differently than adults in cases of sexual crime. The said offenses against children were covered by the Indian Penal Code, of 1860, the Juvenile Justice (Care and Protection of Children) Act of 2000, and the Immoral Traffic (Prevention) Act of 1956. The POCSO is a special law that must be applied in accordance with the legal principle “generalia specialibus non-derogant” for the POCSO Act to take precedence over generic law in cases of child abuse. The POCSO Act provides penalization for individuals who commit child abuse. In accordance with the POCSO act, a child is said to be physically abused if being asked or pressured to participate in sexual activities that might comprise penetrative sexual assault and sexual assault, aggravated penetrative sexual assault and aggravated sexual assault, sexual harassment, and child pornography provided that the said acts are committed on an individual whose age is under 18 years of age. The Act identifies offenders as both men and women provided that penetrative sexual assault cases can only be filed against men. The penalization provided to an accused charged under the POCSO Act might range from imprisonment for not less than 3 years to that of life imprisonment. Thus, the Special Court instituted to deal with matters relating to POCSO Act must wisely apply judicial mind while passing a decree of conviction because there are cases of false accusation thereby leading to humiliation and societal boycott thereby increasing the probability of suicidal thoughts since the conviction rate in cases relating to POCSO is 15.41% which seems to be a bare minimum percentage and according to data on crime provided by the National Crime Records Bureau (NCRB), Ministry of Home Affairs in 2016, investigations indicated that 5,347 cases involving Scheduled Castes (SCs) and 912 cases connected to Scheduled Tribes (STs) were determined to be fraudulent.This article enables an individual to understand the Judiciary’s stand with regard to false accusations in POCSO cases.
How to become a member of the Human Rights Council?
How many members does the Human Rights Council have?
What is the cost of human rights commission membership?
मानवाधिकार परिषद का सदस्य कैसे बने?
Who heads Human Rights Council?
What is human rights membership?
What is the Human Rights Council of India?
Who is eligible for Human Rights Commission?
How to become a human rights officer in India?
ह्यूमन राइट्स आईडी कार्ड कैसे प्राप्त करें?
एनएचआरसी के अध्यक्ष कौन है?
What is the Human Rights Council in India?
How to become a member of the Human Rights Council?
Who is the chairman of National Human Rights Council of India?
भारत में मानवाधिकार परिषद क्या है?
How to get human rights membership?
What is the Human Rights Council of India?
Who is the CEO of the Nhrc?
मानवाधिकार सदस्यता कैसे प्राप्त करें?
What is the cost of human rights membership?
What is a human rights card?
How to become a human rights commission?
मानवाधिकार सदस्यता की लागत क्या है?
How to get a human rights certificate?
What is the cost of human rights membership?
How to become a member of the Human Rights Commission in India?
मानवाधिकार सदस्यता की लागत क्या है?
How to get a human rights ID card?
How to get a human rights certificate?
What is the cost of human rights membership?
ह्यूमन राइट्स आईडी कार्ड कैसे प्राप्त करें?
How to become a human rights commission?
Who can be member of Human Rights Commission?
How do I get a human rights certificate?
मानवाधिकार आयोग का सदस्य कौन हो सकता है?
Which NGO is famous for human rights?
How to get a human rights ID card?
Which is the top 5 NGO in India?
मानवाधिकारों के लिए कौन सा एनजीओ प्रसिद्ध है?
Which NGO is famous for human rights?
What is the biggest human rights organization?
What is the All India Council of human rights?
मानवाधिकारों के लिए कौन सा एनजीओ प्रसिद्ध है?
What is the largest human rights organization?
Which NGO is leading human rights?
What is the largest human organization in the world?
सबसे बड़ा मानवाधिकार संगठन कौन सा है?
What is the role of the NHRC?
Who is chairman of NHRC?
What is the National Human Rights Commission Act?
एनएचआरसी की क्या भूमिका है?
Top 10 criminal lawyers in India
Top 50 criminal lawyers in India DR ANTHONY RAJU
Top criminal lawyers in Delhi
Best criminal lawyer in India 2024
Highest paid criminal lawyer in India
Best criminal law firms in India
Best criminal lawyer in world
Best criminal lawyer in Supreme Court
Who is the famous lawyer in Delhi?
Who is India's best criminal lawyer?
What is the cost of a criminal lawyer in Delhi?
दिल्ली में प्रसिद्ध वकील कौन है?
Who is India's No 1 lawyer?
How much does Sidharth Luthra charge?
Who is the lawyer of Mukesh Ambani?
Who is the most feared lawyer in India?
Who is the father of criminal law in India?
How much are Kapil Sibal fees?
What lawyer has the most cases won?
What is the fee of top advocate in Delhi?
Who is Salman Khan's lawyer?
Who is the No 1 female lawyer in India?
Which lawyer type is best?
भारत में सबसे महंगा वकील कौन है?
वकील कौन सी भारतीय अभिनेत्री है?
1 वकील कौन है?