This exhaustive and authoritative work offers a comprehensive analysis of the Protection of Children from Sexual Offences Act, 2012 (POCSO Act), along with its allied rules and relevant provisions under the newly enacted Bhartiya Nyaya Sanhita, 2023 and related criminal laws. It provides a detailed examination of the legal framework designed to safeguard children from sexual abuse, exploitation, and harassment.
The treatise explores essential aspects such as the definition of offences, reporting mechanisms, special courts, child-friendly procedures, the role of police and medical professionals, evidentiary standards, and sentencing. It includes updated legislative developments, recent judgments, procedural safeguards, and practical insights for effective implementation.
Special features include:
Commentary on each section of the POCSO Act with judicial interpretations
Comparative references to the Indian Penal Code and Bhartiya Nyaya Sanhita
Updated Rules and reporting protocols
Relevant case law and procedural checklists
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Part I – Introduction & Background
Genesis and Objectives of the POCSO Act, 2012
Constitutional and International Commitments to Child Protection
Overview of Child Protection Laws in India
Key Features and Scope of the POCSO Act
Definitions and Applicability (Sections 1–2)
Aggravated and Non-Aggravated Offences (Sections 3–10)
Sexual Harassment and Pornography (Sections 11–15)
Reporting of Offences and Mandatory Disclosure (Sections 19–22)
Child-Friendly Procedures During Investigation and Trial (Sections 24–27)
Presumption of Culpability and Burden of Proof (Section 29–30)
Role and Powers of Special Courts (Sections 28, 33–38)
Punishments and Sentencing Guidelines
POCSO Rules, 2020 – Key Provisions and Compliance
Role of Police, Magistrates, and Medical Professionals
Recording of Evidence and Trial Procedures
Victim Compensation and Support Services
Monitoring Mechanisms and Reporting Requirements
Relevant Provisions under the Bhartiya Nyaya Sanhita, 2023
Impact of Repeal of IPC Sections – Mapping Old to New Offences
Investigation and Trial under the Bharatiya Nagarik Suraksha Sanhita, 2023
Procedural Harmonization: POCSO with BNS and BSA
Landmark Supreme Court and High Court Judgments
Presumption of Guilt vs. Fair Trial Rights
Age Determination and Consent Issues
False Complaints and Misuse – Judicial Caution
Comparison with International Child Protection Laws
Challenges in Implementation and Enforcement
Training Needs and Capacity Building for Stakeholders
Draft FIR Formats, Complaints, and Checklists
Standard Operating Procedures (SOPs) for Stakeholders
Victim Rehabilitation and Care Guidelines
Summary Tables and Quick Reference Charts
Mulla POCSO Act, 2012 A Comprehensive Treatise with Rules & New Criminal Laws |
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