#indianact

The POCSO Act, enacted in 2012, is gender-neutral, recognising that boys can also be victims of sexual abuse. Here's what you need to know about the Act.

The parliament passed the Protection Of Children from Sexual Offences Act in 2012 to effectively combat the increasing evil act of sexual exploitation and sexual abuse of children.

Let's get in-depth and understand the POCSO Act in its simplest form.

Why POCSO Act?

Our country has one of the world's largest populations of children, with 472 million children under the age of eighteen, according to census data from 2011. 

The state's protection of children is guaranteed to Indian citizens under an expansive reading of Article 21 of the Indian Constitution and mandated by India's status as a signatory to the UN. 

The following sections of the I.P.C were used to prosecute child sexual abuse earlies:

I.P.C. (1860) 375- Rape

I.P.C. (1860) 354- Outraging the modesty of a woman

I.P.C. (1860) 377- Unnatural offences

However, such a method had problems, as the I.P.C. could not adequately protect the child due to several flaws, including:

Other than "conventional" peno-vaginal intercourse, IPC 375 does not protect male victims or anybody else against sexual acts of penetration.

There is no statutory definition of "modesty" in IPC 354, and it has a light penalty and is a repeatable offence. Furthermore, it does not safeguard a male child's "modesty."

The phrase "unnatural offences" is not defined in IPC 377. It only applies to victims who have been penetrated by their attacker's sex act, and it is not intended to criminalise child sexual assault.

As a result, legislative reform was required, with a specific child protection statute, which gave birth to POSCO.

Significance of the act

The Act, passed in 2012, is gender-neutral, acknowledging that boys can also be sexual assault victims. Hence, everyone under the age of 18 is considered a child. 

Boys can get sexually attacked. However, the Indian Penal Code does not recognise this, which is corrected under the Act.

The Act further broadened the definition of a sexual offence against a kid. It broadened the definition of sexual assault to cover non-penetrative and aggravated penetrative sexual assault (sections 3–10) and penalties for those in positions of trust, such as public workers, educational staff, and police officers.

Notably, the law also recognises both touch-based and non-touch-based sexual harassment of children (parts 11 and 12), such as stalking, forcing a child to expose themselves or exposing oneself to a child, etc.

Under sections 13, 14, and 15, the Act imposes severe penalties for exposing children to or using them to make child sexual abuse material (CSAM, often known as child pornography).

Magistrate's recording of a child's statementSection 25 of the POCSO act 2012 deals with recording a child's statement by a Magistrate.

Section 25 of the Act

So, now the question comes what does Section 25 of the POCSO act 2012 deals with?

If the child's statement is being recorded under section 164 of the Code of Criminal Procedure, 1973, the Magistrate recording the statement shall, notwithstanding anything in the Code, record the child's testimony as spoken.

Provided that the requirements of the first provision to sub-section (1) of section 164 of the Code are as much as it allows the presence of the accused's lawyer.

Upon the police filing a final report under section 173 of the Code, the Magistrate shall provide a document copy prescribed under section 207 of the Code to the kid and his parents or representative.

Judgment disrobing Act

The court case widely discussed when discussing the act is Satish Ragde vs State of Maharashtra. In the said case, the accused was acquitted of sexual assault under sections 7 and 8 of the Act by the Bombay high court. 

Even though the accused groped a kid, the court acquitted him, citing the lack of evidence to determine if the top was removed or whether the hand was inserted inside the top. The court determined that the accused's actions did not meet the definition of sexual assault because there was no proof of physical contact.

As a result, the court found the defendant guilty under sections 342 and 354 of the Indian Penal Code (1860) (outraging a woman's modesty). It sentenced him to a minimum jail time of one year, which might get extended to a five-year harsh sentence. The decision had made such a stir that the Supreme Court had to put it on hold.

To Conclude:

Children are one of society's most disadvantaged groups because of their inability to communicate their ideas and sorrows freely. Because of the victim's innate frailty and the abuser's ability to overcome it, sexual assaults against children are particularly tough. 

The legislature passed the Protection of Children from Sexual Offenses Act in 2012 to the necessity to safeguard and secure these vulnerable victims.

Drug abuse is very typical these days. But government launched an act that regulates the use of drugs and narcotic substances. Let’s dive deeper into the details.

There were no drug regulation laws in India until 1985, when the NDPS Act got passed. Marijuana smoking has been mentioned in the Atharva Veda, and its use for entertainment was typical and widely accepted in the community in terms of alcohol consumption. Until 1985, cannabis and its extracts such as hashish, marijuana, bhang, etc. It is sold in the country legally.

NDPS legislation was mandated to fulfil the obligations of the Indian treaty under the Single Drug Agreement, the Convention on Psychotropic Substances, and the United Nations Convention to Combat Illicit Drug Trafficking and Mental Illness.

Drug abuse is a major socio-economic problem in India, and the government is taking a few steps to reduce drug demand and promote drug rehabilitation in the community.

What is the Narcotic and Psychotropic Substances (NDPS)Act?

The Narcotics and Psychotropic Substances (NDPS) Act was passed in 1985 to address the problem of illegal drugs in India. The law establishes the Narcotics Control Bureau as the supreme law of drug law and empowers it to oversee the Act implementation and other related international treaties.

It prohibits the production, sale, purchase, transport, and use of intoxicating liquor and psychotropic substances. This practise extends to all India and planes and ships registered in India.

The NDPS Act 1985 was amended three times - in 1988, 2001, and 2014.

Generally, the act did not protect drug addicts, and there was no real difference in the management of the user and the seller.

The act got amended in 2001. After the amendment, the law became more tolerant and distinguished between a drug user and a drug dealer.

This amendment focused on the big fish, who smuggle drugs and facilitate their trafficking. The purpose of this amendment was to stop the thinking and treatment of drug users as hardened criminals, which they rarely do.

What is the purpose of the Act?

The original purpose of the NDPS Act 1985 is to prevent drug trafficking in India. To do this, it uses several strict provisions, including minimum mandatory sentences and bail limits.

The law allows a small area for traffickers to escape punishment - which makes even an attempt to make a crime under the offence a severe offence and removes the burden of evidence from the defendant.

But as the law does, it makes a clear distinction between drug traffickers and individual drug users. While the former is subject to severe disciplinary action, the latter gets characterised by empathy and can divert to addiction and rehabilitation.

More importantly, the law separates individual buyers from traffickers and continues to make it illegal to use.

The case with the food itself is unclear. It states that anyone who ingested any drug or psychotropic drug could get punished with imprisonment for up to a year or so.

It does not require the use of drugs, nor does it refer to the process of deciding what to use. It is up to the police to determine the timing of the case. Therefore, this case is always played differently in different districts.

What are some measures the Indian government has taken to control drugs?

Seizure Information Management System (SIMS): Narcotics Control Bureau has upgraded the SIMS platform. Contains a completely online site for drug offenders and perpetrators.

Narco Coordination Center (NCORD): The Department of Home Affairs launched NCORD in 2016. It is a way of holding regular meetings with various Central and Provincial Agencies and facilitating cooperation between them. By 2019, the NCORD program has been restructured into 4 phases up to the regional level by MHA for better communication and collaboration.

Joint Coordination Committee (JCC): To oversee the investigation of major kidnapping cases, the Joint Coordinating Committee (JCC) and the Director-General, the Narcotics Control Bureau (NCB) chairman, was appointed by the government in 2019.

NDPS Act Punishment and rehabilitation

The law imposes a penalty based on value. The law distinguishes between small and commercial quantities of different medicines.

NDPS Act Punishment provides severe penalties for those convicted of crimes involving trafficking. It even provides for the death penalty in some cases where a person has a recurrence.

But the same act also protects from the persecution of those who rely on drugs (Section 64). It also provides the establishment of treatment centres for addicts (Section 71).

Criticism of NDPS Action

The law has received criticism from various quarters for not distinguishing between soft and hard drugs. Some argue that the same penalty for all drugs could lead drug dealers to switch to harder drugs where they can make a better profit.

Some have criticised cannabis bans as ‘selected’. Some people recommend making legitimate soft drinks that are supposed to reduce heroin addiction. However, the opposite is true that soft drugs are the drugs that can get used to increase the risk of water intoxication.

Conclusion

NDPS law prohibits a person from producing/producing/cultivating, handling, selling, purchasing, transporting, storing, and using any intoxicating drug or substance.

Typically enacted in 1985, the NDPS Act gets amended three times in 1988, 2001, and 2014. According to the Act, narcotic drugs include coca leaf, cannabis (hemp), opium, and poppy straw; and psychological factors include any natural or synthetic properties of any salt or modification protected by the convention of Psychotropic Substances 1971.