No time bar for crimes under POCSO Act

Survivors of child sexual abuse can file a police complaint after they become adults. The government clarified on that there is no time bar on reporting such crimes.

The Law Ministry concurred with the opinion of the Ministry of Women and Child Development that unlike the Code of Criminal Proceedings (CrPC), the Protection of Children from Sexual Offences Act (POCSO), 2012, does not lay down a time limit for reporting crimes covered under it.

Section 19 of the POCSO Act, which deals with sexual crimes against children, lays down the procedure for reporting a crime but doesn’t specify a time limit or statute of limitation for reporting it.

Whereas the CrPC lays down different time-limits for crimes which carry a punishment of up to three years, there is no time bar for crimes that would attract a jail term of more than three years.

This is an important step for survivors of child abuse, who may try to file a complaint as adults but are turned away at police stations.

The development assumes significance after considering the fact that on many occasions children are unable to report crimes that they suffered as the perpetrator in many cases happens to be from the family itself or any other known person. Several cases have been reported where the victims have grown up and understood the crime.

POCSO Act:

The Protection of Children from Sexual Offences Act (POCSO Act) 2012 was formulated in order to effectively address sexual abuse and sexual exploitation of children.

The Act casts the police in the role of child protectors during the investigative process. Thus, the police personnel receiving a report of sexual abuse of a child are given the responsibility of making urgent arrangements for the care and protection of the child, such as obtaining emergency medical treatment for the child and placing the child in a shelter home, and bringing the matter in front of the CWC, should the need arise.

The Act further makes provisions for avoiding the re-victimization of the child at the hands of the judicial system. It provides for special courts that conduct the trial in-camera and without revealing the identity of the child, in a manner that is as child-friendly as possible. Hence, the child may have a parent or other trusted person present at the time of testifying and can call for assistance from an interpreter, special educator, or other professional while giving evidence. Above all, the Act stipulates that a case of child sexual abuse must be disposed of within one year from the date the offense is reported.

The Act also provides for mandatory reporting of sexual offenses. This casts a legal duty upon a person who has knowledge that a child has been sexually abused to report the offense; if he fails to do so, he may be punished with six months’ imprisonment and/ or a fine.

 

The Act defines a child as any person below eighteen years of age. It defines different forms of sexual abuse, including penetrative and non-penetrative assault, as well as sexual harassment and pornography. It deems a sexual assault to be “aggravated” under certain circumstances, such as when the abused child is mentally ill or when the abuse is committed by a person in a position of trust or authority like a family member, police officer, teacher, or doctor.

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