POCSO is a gender neutral special law that protects every person below eighteen from sexual offences. Before it, child sexual abuse was prosecuted under general penal provisions that did not fit the facts well, especially for boys and for non penetrative abuse. POCSO defines four graded offences: penetrative sexual assault, aggravated penetrative sexual assault, sexual assault and sexual harassment, together with offences relating to child pornography.
Its design is built around not re traumatising the child. The statement must be recorded at the child’s home or a place of choice, by a woman police officer not in uniform where possible, and a support person may accompany the child throughout. Special Courts conduct the trial in camera, the child must not be called repeatedly, aggressive cross examination is barred, and the accused must not come face to face with the child. Trials are expected to conclude within one year of the court taking cognisance.
Section 19 makes reporting mandatory for everyone, including doctors, teachers and family members, and Section 21 punishes failure to report. Section 29 reverses the burden of proof, presuming guilt once the prosecution establishes the foundational facts, which is unusual in Indian criminal law and is justified by the vulnerability of the victim.
The Protection of Children from Sexual Offences (Amendment) Act, 2019 raised minimum sentences, introduced the death penalty for aggravated penetrative sexual assault and tightened the child pornography provisions.