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The Protection of Children from Sexual Offences Act (POCSO), 2012: The Precincts of the Law and Judicial Expositions

Document Cited in Related
Published date01 October 2024
DOIhttp://doi.org/10.1177/25166069241289287
AuthorRakesh Kumar Handa,Shivani Goswami
Date01 October 2024
The Protection of
Children from Sexual
Offences Act (POCSO),
2012: The Precincts of
the Law and Judicial
Expositions
Rakesh Kumar Handa1 and Shivani Goswami1
Abstract
The Protection of Children from Sexual Offences (POCSO) Act, 2012, is aimed
to safeguard minor(s), who is less than 18 years old, from crimes involving sexual
assault, harassment, pornographic and to offer a minor, a congenial legal system
for cases involving such wrongdoings. The ‘best interest of the child’ premise
is given first priority, and it also aims to protect minors throughout the entire
court procedure. This 2012 Act is a law that does not differentiate between
genders. It safeguards all minors from sexual abuse. This research article is an
attempt to analyse critically the findings and suitability of the POCSO Act and
extract the limitations and suggestions to overcome such limitations for the pro-
tection and betterment of the minor.
Keywords
Justice, law and legal, rehabilitation, victimization
Introduction
Before the Protection of Children from Sexual Offences (POCSO) Act was
enacted in 2012, there was no explicit legislation that dealt with specific offences
related to sexual offences towards minors. Indian Penal Code primarily addressed
crimes and how to punish those who committed them. Section 322 (physical
grievous hurt), Section 354 (outraging modesty of female), Section 375 (rape) and
Section 377 (unnatural offences) were present and frequently applied in cases of
Original Article
Journal of Victimology
and Victim Justice
7(2) 191–204, 2024
2024 National Law
University Delhi
Article reuse guidelines:
in.sagepub.com/journals-permissions-india
DOI: 10.1177/25166069241289287
journals.sagepub.com/home/vvj
1 Guru Gobind Singh Indraprastha University, Dwarka, New Delhi, India
Corresponding author:
Rakesh Kumar Handa, Guru Gobind Singh Indraprastha University, Sector-16C, Dwarka,
New Delhi, Delhi 110018, India.
E-mail: rakeshhanda_1976@yahoo.co.in

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