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POCSO Act

BEYOND PROTECTION: REASSESSING THE EFFECTIVENESS OF POCSO IN INDIA

Volume IV Issue II /

BEYOND PROTECTION: REASSESSING THE EFFECTIVENESS OF POCSO IN INDIA Dr. Priyadarshini Samantray, Assistant Professor at Dhenkanal Law College, Dhenkanal, Odisha (India) Download Manuscript doi.org/10.70183/lijdlr.2026.v04.172 Enacted in 2012, India’s Protection of Children from Sexual Offences Act (POCSO) constitutes the country’s principal legislative response to child sexual abuse. This article examines the central research question of whether POCSO has effectively achieved its protective objectives after more than a decade of implementation, and to what extent its effectiveness should be assessed through broader indicators than conviction rates alone. The study adopts a doctrinal and comparative methodology, analysing the statutory framework, key decisions of the Supreme Court of India, and empirical data published by the National Crime Records Bureau. Comparative references are drawn from international child-protection standards under the United Nations Convention on the Rights of the Child and related institutional practices. The article addresses three principal objectives: evaluating the adequacy of POCSO’s legislative design, identifying procedural and institutional barriers affecting implementation, and assessing whether existing enforcement mechanisms adequately protect child victims. The analysis demonstrates that although POCSO introduced gender-neutral offence definitions, Special Courts, mandatory reporting, and child-sensitive procedures, its effectiveness remains constrained by judicial delays, infrastructural deficiencies, inconsistent victim support, conceptual ambiguities, and persistent under-reporting. The article argues that effectiveness must be measured through deterrence, victim welfare, trauma-informed adjudication, and rehabilitation outcomes. It proposes targeted reforms, including legislative clarification, expansion of Special Court infrastructure, improved inter-agency coordination, technological integration, and dedicated budgetary support to strengthen India’s child protection framework.

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EVOLUTION AND LEGAL FRAMEWORK OF POCSO AND CONSENT LAW IN INDIA

Volume IV Issue II /

EVOLUTION AND LEGAL FRAMEWORK OF POCSO AND CONSENT LAW IN INDIA Vaibhavi Pandey, 10th Semester, Student at Amity Law School, Amity University, Noida (India) Download Manuscript doi.org/10.70183/lijdlr.2026.v04.167 The evolution of child protection laws in India reflects a gradual shift from a fragmented criminal law approach to a specialised statutory framework designed to safeguard children from sexual offences. The Protection of Children from Sexual Offences Act, 2012 (POCSO Act) constitutes a significant legislative development in this regard, as it establishes comprehensive substantive and procedural protections and adopts a strict liability model under which the consent of any person below eighteen years of age is legally irrelevant. This research examines the legal framework of the POCSO Act and analyses its interaction with the law relating to consent under Indian criminal law. The study is doctrinal and analytical in nature and is based on an examination of statutory provisions, judicial decisions of the Supreme Court and various High Courts, Law Commission Reports, and relevant academic literature. The paper finds that although the POCSO Act has substantially strengthened child protection, its rigid age-based framework has also led to the criminalisation of consensual adolescent relationships, commonly described as the “Romeo and Juliet” problem. The absence of a close-in-age exemption fails to distinguish exploitative conduct from voluntary relationships between adolescents and may result in disproportionate penal consequences. The paper recommends the introduction of a statutory proximity-of-age exception, along with judicial guidelines, counselling mechanisms, and awareness programmes to ensure that the law continues to protect children while respecting adolescent autonomy and the realities of teenage relationships.

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REVISITING GENDER NEUTRALITY IN THE POCSO ACT: AN EXPLORATORY ANALYSIS OF JUDICIAL INTERPRETATIONS AND SOCIETAL IMPLICATIONS

Volume IV Issue I /

REVISITING GENDER NEUTRALITY IN THE POCSO ACT: AN EXPLORATORY ANALYSIS OF JUDICIAL INTERPRETATIONS AND SOCIETAL IMPLICATIONS Gantav Gupta, Assistant Professor of Law (India) Manshi, Assistant Professor of Law (India) Download Manuscript doi.org/10.70183/lijdlr.2026.v04.147 There’s a most famous question that “Why the POCSO is considered as a gender-neutral”? The answer to this question is “According to General Clauses Act, 1897, the masculine words include females unless otherwise specified. The use of the word ‘he’ automatically denotes “she”. The POCSO Act, 2012 has been enacted by ministry of women and child development to tackle the heinous offences of sexual abuse, also to protect children from harassment and child exploitation. There’s one topic that has always been a highlight and also a hot topic for the media and has always been a topic of debate which is gender neutrality. Gender neutrality is a act which is a gender-neutral which aims to protect children irrespective of their gender. And this has the most disputed characteristics, which makes no distinction between “child” and “perpetrator” which is based on gender. Though this technique occurs egalitarian and progressive, as it raises significant socio-legal concerns in such a culture where sexual assaults are more frequently committed against girls, making it historically gendered. This paper explores gender neutrality under POCSO, legal interpretations, challenges in enforcement, and the implications for transgender children, boys, and girls. This also examines two contentious issues in POCSO enforcement: female perpetration and consensual relationships. Gender-neutrality has been covered in POCSO which involves penetrative and non-penetrative assault, also sexual harassment and pornography too. The POCSO has clearly defined ” penetrative sexual assault ” in section 3, by using gender neutral terms and does not clearly limit to male offenders. This study uses case laws, legislative comments, and social realities that argue for a balanced model of gender responsiveness rather than a strictly neutral framework, which is supported by procedural sensitivity, child rights which are based on policing, and reforms in structure.  

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CHILD SEXUAL ABUSE LAWS IN INDIA: JUDICIAL IMPACT AND EVOLVING JURISPRUDENCE

Volume III Issue III /

CHILD SEXUAL ABUSE LAWS IN INDIA: JUDICIAL IMPACT AND EVOLVING JURISPRUDENCE Shraddha Tiwari, Ph.D. Research Scholar (LAW), ITM University, Naya Raipur, C.G (India) Dr. Sona B. Kumar, Ph.D. Supervisor, Associate Professor, ITM University, Naya Raipur, C.G (India). Download Manuscript doi.org/10.70183/lijdlr.2025.v03.113 Child sexual abuse (CSA) remains a grave socio-legal issue in India, demanding urgent and sustained intervention at multiple levels. The enactment of the “Protection of Children from Sexual Offences Act, 2012” (POCSO) marked a significant legislative advancement in establishing a specialized and victim-centric legal regime. However, the real test of the law lies in its judicial interpretation and practical enforcement. This paper critically examines the evolving jurisprudence under POCSO and assesses the role of Indian courts in shaping the statutory framework through purposive interpretation, institutional guidelines, and procedural reforms. By analyzing key judicial pronouncements, including controversial cases like Satish v. State of Maharashtra, the study explores how courts have contributed to both the protection and the unintended criminalization of adolescents. The research further delves into legislative amendments, procedural innovations such as the 2020 POCSO Rules, and policy interventions aimed at strengthening the child protection ecosystem. Drawing upon comparative legal frameworks and international child rights standards, the paper offers a comprehensive review of existing gaps and proposes forward-looking reforms such as the introduction of a close-in-age exemption, investment in child-friendly judicial infrastructure, and preventive education. This study adopts a doctrinal and analytical approach, supported by statutory interpretation, judicial precedents, and global best practices, to highlight the judiciary’s pivotal role in balancing legal protection with the child’s best interests in India’s CSA legal framework.

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COMPARATIVE STUDY OF SEXUAL OFFENCE WITH CHILDREN

Volume II Issue III /

COMPARATIVE STUDY OF SEXUAL OFFENCE WITH CHILDREN Dhiraj Kumar Sharma, Student of 4th year (8th semester) B.A LL.B, University Law College, (Vinoba Bhave University ) Hazaribag Jharkhand Download Manuscript doi.org/10.70183/lijdlr.2024.v02.7 The Protection of Children from Sexual Offences (POCSO) Act, 2012, is a significant legislative milestone in India aimed at addressing the menace of child sexual abuse. This act provides a robust legal framework for the protection of children from offenses of sexual assault, sexual harassment, and pornography while safeguarding the interests of the child at every stage of the judicial process. Before the enactment of POCSO, India lacked a comprehensive law addressing child sexual abuse, relying instead on sections of the Indian Penal Code (IPC), which were insufficient and ambiguous in providing specific protection to children.[1] Legislative discussions leading to the POCSO Act emphasised the necessity for a specialised law, acknowledging that children are highly vulnerable and need specific protection. Debates in the Indian Parliament highlighted disturbing statistics and cases of child sexual abuse, underscoring the urgent need for a law that not only penalizes the perpetrators but also ensures child-friendly procedures for reporting, recording evidence, investigation, and speedy trial.[2] Since its inception, POCSO has undergone various amendments to enhance its effectiveness. Notably, in 2019, the act was amended to include more stringent punishments, including the death penalty for aggravated penetrative sexual assault[3]. These amendments reflect the evolving understanding and seriousness of child sexual offences in India. Comparatively, the legal frameworks in Bangladesh and Pakistan for addressing child sexual abuse share similarities and differences with India’s POCSO Act. Bangladesh, under the Women and Children Repression Prevention Act, 2000, and its amendments, provides stringent measures against child sexual abuse but lacks a dedicated, comprehensive framework like POCSO[4]. The laws in Bangladesh are often criticised for their implementation gaps and inadequate child-friendly procedures[5]. Pakistan’s legal approach includes the Zainab Alert, Response and Recovery Act, 2020, and sections of the Pakistan Penal Code, which provide for severe penalties against child sexual abuse.[6] However, similar to Bangladesh, Pakistan faces significant challenges in enforcement and procedural sensitivity towards child victims[7]. While India’s POCSO Act stands out for its comprehensive and detailed approach to child sexual abuse, including specific provisions for child-friendly procedures and stringent penalties, both Bangladesh and Pakistan have made legislative strides but continue to grapple with enforcement and procedural issues. Comparative analysis reveals that while the intent to protect children from sexual offences is evident across these nations, effective implementation remains a common challenge. It reflects the need for better implementation procedures and awareness regarding the law. Further India and Bangladesh have specific laws to deal with sexual abuse of children while in Pakistan such matters are dealt by various criminal legislations. The statistics of child abuse cases in Pakistan show the need of dedicated laws to deal with these issues. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume II, Issue III, Page 84-106. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. Copyright © LIJDLR 2024

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EXAMINING THE AGE OF CONSENT: A CRITICAL ANALYSIS OF THE POCSO ACT

Volume I Issue III /

EXAMINING THE AGE OF CONSENT: A CRITICAL ANALYSIS OF THE POCSO ACT Simarpreet Kaur, Ballb-9th Semester, student at University Institute of Laws, Panjab University Regional Centre Ludhiana. Download Manuscript ABSTRACT In 2012, India introduced the ‘Protection of Children from Sexual Offences (POCSO) Act,’ a pivotal legal instrument aimed at combating child sexual abuse and safeguarding the well-being of children throughout the legal process. Notably, the Act raised the age of consent for sexual activity to eighteen, in alignment with revised rape legislation. This paper re-evaluates historical debates on the age of consent in late nineteenth-century India and examines their contemporary relevance. The study delves into the challenges faced by today’s teenagers, navigating a world saturated with easily accessible sexual information and grappling with natural curiosity and physical urges. The article deals with the implications of criminalizing consensual sexual activity within the framework of fundamental human rights principles. Furthermore, the article explores international legal frameworks related to the age of consent, while offering prudent amendments for the Indian legal system. This paper sheds light on the profound impact of the age of consent in India, underscores the necessity for thoughtful legal revisions, and addresses the ever-evolving landscape of adolescent sexual experiences in the modern era. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume I, Issue III, Page 232- 243. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. Copyright © LIJDLR 2023 Recent content EXAMINING THE AGE OF CONSENT: A CRITICAL ANALYSIS OF THE POCSO ACT ANTITRUST AND AMBITIONS: MICROSOFT’S ACTIVISION MERGER THE IMPACT OF TECHNOLOGY ON THE LAW EQUALITY: EXPLORING TRANSFORMING LAW AND WOMEN’S RIGHTS THE COLLEGIUM VS NJAC DEBATE: ANALYZING INDIA’S JUDICIAL APPOINTMENT SYSTEMS ROLE OF INDEPENDENT DIRECTOR IN CORPORATE GOVERNANCE

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