Why the procedure of trial under the POCSO Act are so rigorous ? Know about it here …..
The Protection of Children from Sexual Offences Act, 2012 (POCSO Act) prescribes five sexual offences against children – penetrative sexual assault, aggravated penetrative sexual assault, sexual assault, aggravated sexual assault, sexual harassment, and using a child for pornographic purposes. Abetment of or an attempt to commit these offences is also punishable under the Act. The Act requires the State Governments to designate the Sessions Court in each district as a Special Court to try offences under the Act.
(May the Congress Govt played this as politically ???)
Who can report the case ?
Any person (including the child) who has an apprehension that an offense under the POCSO Act is likely to be committed or has knowledge that an offence has been committed has a mandatory obligation to report the matter.
An express obligation has also been vested upon media personnel, staffs of hotels, lodges, hospitals, clubs, studios, or photographic facilities, to report a case if they come across materials or objects that are sexually exploitative of children.
(In Asaram BapuJi case, the intervention of media perosonnel was clear seen. Exclusive statement of complainant were published in newspapers)
Trial before the Special Court
All trials before the Special Court are conducted in camera and in the presence of the parents of the child or any other person the child trusts.
Examination, cross-examination, and re-examination
In the course of recording the examination-in-chief, cross-examination or re-examination, all questions to the child by the Special Public Prosecutor or the counsel for the accused must be communicated to the Special Court which must then put the questions to the child.
Means that there is no right for Accused’s lawyer to ask direct questions to the complainant. Those are to be asked through Public Prosecutor or the Judge. Means the Judge can choose questions selectively.
Now, who were the members of amendment draft committee in child law’s in 2012 after Nirbhaya Case?
People like psuedo activist, lawyer like Vrinda Grover, who has strongly behind of criticizing Asaram BapuJi from last couple of years and belongs to the same fleet of NGOs opposed Bapuji. She has been lawyer of Naxalite Soni Sori, Terrorist Ajamal Kasab and Afjal Guru.
By: Saroj Singh