The full form of POCSO is that Protection of Children from Sexual Offences .The POCSO Act was enacted in 2012 and is gender impartial — it acknowledge that boys can be victims of sexual violence as well. The POCSO Act defines that a child as someone under the age of 18 years. The Indian Penal Code (IPC) does not acknowledge that sexual assault can be committed on boys. The Protection of Children from Sexual Offences, or POCSO, (Amendment) Bill, 2019, seeks to provide for rigorous punishment to those engaging in sexual crimes against children, death penalty in cases of exasperated sexual assault, besides levying fines and imprisonment, to restraint child pornography. Whenever any case related to POCSO Act a special leave petition has been order before the Supreme Court hoist the issue that whether an adolescent boy, who enters into a relationship with a minor girl who is below 18 years of age, can be punished for the offence of sexual assault under the POCSO Act. “Punishing teenager having a consistent affair which later tums out to be sharp for any reason cannot be considered as an objective of the Act and it would only conquer the object of the Act. The Act is silent on the characteristics where two individuals though may be less than 18 years, enters into a conquer relationship and in the absence of this, certainly the application of law in the Act cannot be allowed to charge and punish individuals in such relations keeping the fact of substitute societal needs. As such conquer incidents certainly cannot be seen from the nature of such rigorous provisions of the POCSO Act. The petition is present against an order of the Madras High Court in Maruthupandi v. State of Madhya Pradesh, holding that even if a minor girl falls in love and develops a conquer relationship with her partner, the provisions of POCSO Act will be attracted against the latter.
In these case it is refused to allow an application moved by the accused seeking aggravate of the offence, on the ground that any offence committed under the POCSO Act is not aggravate offence. An adolescent boy who is sent to prison in a case of this nature will be victimize throughout his life. It is high time that the legislature takes into contemplation cases of this nature involving adolescents involved in relationships and speedily bring in necessary amendments under the Act.”
In these case a petition was filed by a woman and her daughter, seeking to flatten the proceedings filed against the accused, Indhran. The woman was the complainant in the case filed under the Section 366 (kidnapping, abducting or inducing woman to compel her marriage, etc.) of the Indian Penal Code (IPC), Section 6 (exasperated penetrative sexual assault) of the POCSO Act and Section 9 (punishment for male adult marrying a child) of the Prohibition of the Child Marriage Act. It is filed because a minor girl who is enter into a relationship with adolescent boy.
The court has now prominent that Indhran, who is in his early twenties, had asserted that it was the minor girl who insisted on sneak off and getting married.
The court permitted the woman’s petition and revoking the criminal proceedings against Indhran, asserting that the case involved questions which are “purely individual/personal in nature”.
“It’s revoking the proceedings, will not affect any deciding public interest in this case and it will in fact cover way for the Petitioner and the Respondent (Indhran) to resolve down in their life and look for stronger future prospects,” observed.
The court had then endorse: “The Act can be modify to the effect that the age of the offender ought not to be more than five years or so than the conquer victim girl of 16 years or more. So that the susceptible age of the victim girl cannot be taken advantage of by a person who is much older and crossed the age of thinkable in infatuation, attraction or innocence.”
“The scheme of the Act clearly manifest that it did not intend to bring within its range or extent, cases of the nature where adolescents or teenagers involved in romantic relationships are concerned.”
The court noted that a large number of cases under POCSO Act seem to be filed by families of adolescents and teenagers who are necessitate in romantic relationships with each other.
It then suggested the law be amended, but clarified that the “court is not exit a blind eye to cases where the victim or debris may, under the effect of trauma that they have undergone and might tend to coordinate with the same by blaming themselves or convincing themselves that the element of consent was in fact present”. It asserted that this will depend on the facts and situation of each case”.
“In the present case before him, the judge pointed out that the victim girl herself had filed an inscription stating that it was she who forced the accused, in his early twenties, to slipping away with her in 2018 though he was not disposed to do so.
Now, her parents too were not interested in going ahead since the case was a trip block in getting her married. After examining the legal possibility of quashing a case booked under non-compoundable offences, the judge held that it could be done since the offences were purely individually or personal in nature.
“It necessitate that the future of two young persons who are still in their early twenties and Quashing the proceedings will not affect any deciding in public interest.
“In recent judgment passed on January 9
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, Justice Pushpa V. Ganediwala declare innocent the accused, Satish, under Section 7 (sexual assault) of the POCSO Act, while ruling that the act of abuse a child’s breast, without any skin-to-skin contact and sexual purpose, is not sexual assault under the law. “It is an act of pressing of breast of the child who has been 12 years of age, in the absence of any specific detail as to whether the top was detached or whether he inserted his hand inside top and pressed her breast, would not fall in the definition of ‘sexual assault’,” but a trial court found him guilty under sections 354 (assault or criminal force to woman with purpose to outrage her modesty), 363 (kidnapping) and 342 (wrongful confinement) of the IPC, and Section 8 (punishment for sexual assault) of the POCSO Act. He was punished to three years’ rigorous imprisonment and a fine of Rs 500 was imposed on him.
The High Court questioning that “whether the ‘pressing of breast’ and ‘attempt to remove salwar’ would fall within the definition of ‘sexual assault’ as defined under Section 7 and punishable under Section 8 of the POCSO Act”.
“An adolescent boy and girl who are in the affect of their hormones and biological changes and whose decision-making capacity is yet to fully develop, should essentially receive the assist and guidance of their parents and the society at large,” The Bench highlight that punishing an adolescent boy who enters into a relationship with a minor girl by treating him as an offender, was never the objective under the POCSO Act. It observed, that an adolescent boy who is sent to prison in a case of this creation will be persecuted throughout his life.” My opinion is that the girl should be enter into a relationship before 18years because it is crime, whenever it is enter into a contract it should also get punished by the new laws and new amendment because it should happened by both persons consent. Whenever this things happened consent were necessary otherwise it was considered to be criminal offence.