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Cyber offences and POSCO Act: Legal Provisions


Cyber offences and POSCO Act - Legal Provisions
Protection of Children from Sexual Offences Act (POCSO) Act is specially designed to protect the children from either online or offline offences. This is one of the key legislation which ensures the protection of children from various acts like sexual assault various harassments and web pornography the same are punishable as offences under this act and also covered under abatement sections.

The Section 11 of the said act states about when a person is set to commit sexual harassment upon a child or children for following acts:
  • In case if any person make any sound or speak any word or through gestures or shows any object or part of the body with some intention such actions will be seen by child.
  • To make a child show his private parts of body so that as it is seen by such person or any other person
  • Reveals any object to a child in any kind or to media for pornography purposes.
  • Incase if any person where the person follows or watches a child whether directly or through indirect media like electronic means.
  • Threatening the child by showing any electronic or digital mode through real or fabricated depiction or if we involve this child in sexual act.
  • Attempts child to do action for phonographic purposes (In those cases, we shall determine on fact to fact basis).
The Section 12 of the Act speaks about the punishment for the above said offences which may extend up to 3 years of imprisonment along with a fine.

The Section 13 of the Act speaks about the uses or involvement of a child through any printer electronic media for publishing for offering or distributing the pornography material irrespective of being personal use and left to their gratification. These provisions also speak about the indecent representation of a child who should be guilty.

Further, Section 15 of the Act speaks about the data storage phonographic material involving children that are used for commercial purposes. For this it will be punished with imprisonment of which may extend to 3 years or with fine or with both.

Moreover, Section 20 speaks about the obligation on all the facilitator like media hotels largest hospitals club etc., to established special Juvenile police unit in case if they find any one for committing the above all the activities. Also Section 19 also speaks about the procedure for reporting any cases with respect to sexual harassment of children to the special Juvenile police units for the local police Stations which should be recorded as a complaint in very simple terms of language because it enables to understand the contents of the complaint by child.

Role of NCPCR & SCPCR
Further, the Act also stipulates the Duty to central government and state government to take all sufficient measures and publicity regarding this act. There is National Commission for protection of child rights & State Commission for protection of child rights. All these bodies of commissions are day and night working for monitoring and implementing of POCSO Act 2012. NCPR issued certain legal notices to Google, Twitter & Whatsapp in the matter in regard of abuse of child sexually[1].

Hence, we can say that the role of NCPR & SCPR is very crucial in order to curb the sexual harassment & abuse of children.

End-Notes:
  1. https://www.dtnext.in/News/National/2020/04/26105554/1226967/NCPCR-issues-notice-to-online-platforms-over-child-.vpf

Written by:
  1. Sai Sreenadh Kadimisetty , Final year students, Damodaram Sanjivayya National Law University, Visakhapatanam &
  2. Vamsi Krishna Bodapati, Final year students, Damodaram Sanjivayya National Law University, Visakhapatanam.

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