Protection of Children from Sexual Offences Act, 2012
लैंगिक अपराधों से बालकों का संरक्षण अधिनियम, 2012
Gender-neutral law protecting every child under 18 from sexual offences
The Protection of Children from Sexual Offences (POCSO) Act, 2012 is a gender-neutral, child-first law that criminalises sexual assault, sexual harassment and pornography involving anyone below the age of 18. Trials happen in Special Courts within one year.
Key provisions
Sections 3-10 — Penetrative and aggravated sexual assault
Penetrative assault (min. 10 years); aggravated form by persons in trust (min. 20 years to life).
Sections 7-9 — Sexual assault
Non-penetrative sexual contact with sexual intent (3-5 years, aggravated up to 7 years).
Section 11 — Sexual harassment
Words, gestures, exposure or repeated following of a child with sexual intent (up to 3 years).
Section 19 — Mandatory reporting
Every person who knows or apprehends a POCSO offence MUST report to Special Juvenile Police Unit or local police; failure is punishable under Section 21.
Section 28 & 35 — Special Courts and time-bound trial
Trial by Special Court in-camera; evidence recorded within 30 days and trial completed within 1 year (Sec. 35).
Section 33 — Child-friendly procedure
No aggressive questioning; support person present; identity of child protected.
How to report
Call 1098 (Childline) or 112, or report at the nearest police station / Special Juvenile Police Unit. Complaints can also be filed online at the POCSO e-Box (ncpcr.gov.in). Reporting is legally mandatory for anyone with knowledge of the offence.
Age of consent and the 'romantic case' concern
POCSO sets the age of consent at 18. Consensual relationships between adolescents can technically fall within POCSO, but High Courts have increasingly urged caution before criminalising 'romantic' adolescent relationships. The Law Commission (Report 283, 2023) has flagged this for review.
Who typically needs this
- Parents, teachers, doctors and any adult aware of child sexual abuse
- Schools and childcare institutions building child-protection policies
- Investigating officers, prosecutors and Special Court judges
- NGOs, counsellors and legal aid volunteers supporting child survivors
Frequently asked questions
Is reporting a POCSO offence mandatory?
Yes. Section 19 makes it mandatory for any person aware of a POCSO offence to report it. Failure to report is punishable under Section 21 with imprisonment up to 6 months (up to 1 year for institutions).
Are POCSO trials open to the public?
No. Under Section 37, POCSO trials are held in-camera. The identity of the child cannot be disclosed in any form of media (Section 23), with a maximum of 1 year imprisonment for violation.
What is the punishment for aggravated penetrative sexual assault on a child under 12?
Under Section 6 (amended 2019), aggravated penetrative sexual assault is punishable with rigorous imprisonment of 20 years to life or death, and fine.
Related laws
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