Child sexual abuse is a serious issue that affects millions of children around the world. It not only harms the victims physically and emotionally but also disrupts their mental development. The trauma caused by such abuse can lead to depression, anxiety and even self-destructive behaviours. Children are often innocent and unaware of the potential dangers that surround them. This innocence makes them vulnerable to sexual abuse, as they may not recognise strange behaviour or understand how to protect themselves. Predators take advantage of their innocence and exploit them. A large number of sexual offences against children happen at home by the people who are in a position of trust and are a part of the family.

In India, to combat child sexual abuse, the Prevention of Children from Sexual Offences Act, 2012, has been introduced, which is commonly known as the POCSO Act. This Act addresses the sexual offences against children (below 18 years of age). Before this act, there was no specific law in India dealing exclusively with child sexual abuse. The power and source for this statute come from Article 15(3), which requires the State to take affirmative action in favour of children and women.

Ensuring Sensitivity in Legal Proceedings for Victims

This Act clearly defines various offences from penetrative sexual assault to sexual harassment and the use of children for pornographic purposes, thus leaving little room for ambiguity. This Act focuses on a child-friendly justice system, as the legal process can be overwhelming and traumatic for young victims. Thus, it is mandatory that when the child's statement is being recorded, at that time the accused should not be in the vision of child. Accused should be somewhere where he should be in a position to hear the child and later consult his lawyer.

Punishment under the POCSO Act

The POCSO Act ensures that the severity of the punishment corresponds to the gravity of the offense, aiming to provide a strong deterrent against such crimes. However, this statute was amended in 2019 to address increasing incidents of child sexual abuse and to strengthen the legal provisions. A very noteworthy aspect about the 2019 Amendment to the POCSO Act is that it incorporated the death penalty as a punishment for the offence of aggravated penetrative sexual assault. Accordingly, if any person is found guilty of aggravated penetrative sexual assault, he may be punished with rigorous imprisonment for a minimum term of 20 years, which is extendable to imprisonment for life, or death.

Notable Cases

1. Nipun Saxena vs. Union of India (2018)

   The Supreme Court strictly prohibited the disclosure of the identity of victims of sexual offences. While citing the intention of the legislature, the Court also observed that the media can't divulge any material which has the effect of disclosing the identity of the victim.
    

2. Eera v. State (Govt. of NCT of Delhi), 2017 SCC

   The Supreme Court has held that an adult person with the mental age of a child cannot be treated as a victim under this statute. In this case, the victim, aged 38 years, had the mental age of a 6–8-year-old child, and it was argued that the person accused of physically assaulting her must also be booked under the POCSO Act. This appeal was dismissed by the Supreme Court on the ground that only biological age determines whether a victim falls under the POCSO Act.  

Challenges In The POCSO Act

• Despite having a well-structured legal framework, the implementation of the POCSO Act faces several difficulties. The National Crime Records Bureau (NCRB) report shows that from 2020 to 2021, there was a 16.2% increase in crimes against children in India. However, the conviction rate under the POCSO Act remains low due to the absence of strong forensic evidence, fear of social backlash, and lack of witness protection, etc.
• Delayed medical examination makes it difficult to establish the extent of abuse, hindering successful prosecution.
• Many cases suffer due to a shortage of skilled prosecutors.
• Despite the Act's mandate for speedy trials, the excessive backlog of cases causes prolonged trials, leading to faded memories and lost evidence.
• Some institutions cover up cases to protect their reputation.
• False cases are sometimes filed due to family disputes or personal revenge, which only wastes legal resources and affects genuine victims.
• Many cases go unreported in rural areas due to a lack of access to law enforcement or the belief that justice will not be served.
• The burden of proof is on the accused, making it difficult for innocent individuals to defend themselves.
• The Supreme Court has observed that the process of investigation, exposure to the adversarial process, and sometimes insensitive handling can worsen the harm already suffered. In essence, the judicial process may add insult to the injury by intensifying the victim's psychological trauma and stigmatization.

Recommendations

• Establish dedicated investigation units within the police force in each district to handle POCSO cases sensitively.
• Strict timelines must be set for medical examinations and forensic evidence collection after a complaint is filed.
• Create an environment where your child feels safe discussing any concerns. Regular, non-judgmental conversations about their day-to-day experiences can help build trust.
• Need for stronger legal protection: The judgement in Eera v. State, 2017, highlighted gaps in legal provisions for mentally challenged adults who are victims of sexual offences.
• Call for legal reforms: It sparked discussions on amending laws to extend child protection frameworks, like POCSO, to mentally disabled individuals.
• Ensure all POCSO cases are handled in special fast-track courts with time-bound trials.
• Courts must exercise caution while granting bail, especially in heinous cases, to prevent threats to victims.
• Educate parents, teachers, and children about child rights, abuse detection, and reporting mechanisms to ensure prevention and swift action.
• Implement specialized training programs to equip judges, police and medical professionals with the skills to handle POCSO cases sensitively and effectively.
• Ensure compulsory child safety education in schools, teaching students about good touch, bad touch, and how to seek help.
• Establish an accessible reporting system with helplines, online portals, and child-friendly police desks to encourage victims to come forward.
• Implement severe legal measures against individuals who file fabricated cases under the POCSO Act.

 
Conclusion
Child sexual abuse is a devastating crime that not only destroys the lives of its victims but also undermines the fabric of our society. Many instances of child sexual abuse occur within the household, perpetrated by those trusted by the family. The POCSO Act represents a significant stride toward creating a safe environment where children can live without fear.

With stringent punishments- including, as enhanced by the 2019 amendment, the possibility of the death penalty for the most heinous offences- the Act serves as a robust deterrent against predators. To make the POCSO Act more effective, we need better enforcement, faster trials, and stronger support for victims. Ensuring quick justice, preventing misuse, and making reporting easier will further strengthen the law.

References

1. The Protection of Children from Sexual Offences Act, 2012, No. 32, Acts of Parliament, 2012 (India).
2. The Protection of Children from Sexual Offences (Amendment) Act, 2019, No. 25, Acts of Parliament, 2019 (India).
3. INDIA CONST. art. 15, cl. 3.
4. Nipun Saxena v. Union of India, (2019) 2 SCC 703.
5. Eera v. State (Govt. of NCT of Delhi), (2017) 15 SCC 133.
6. National Crime Records Bureau, Ministry of Home Affairs, Government of India, Crime in India 2021: Statistics, Vol. 1, p. 163, available at https://ncrb.gov.in (last visited Apr. 9, 2025).

Written By: Rihan Irshad, a second-year law student at the School of Law, University of Kashmir.