Pre. Notification

New Delhi, 9th March, 2020

G.S.R. 165(E). - In exercise of the powers conferred by section 45 of the Protection of Children from Sexual Offences Act, 2012 (32 of 2012), the Central Government hereby makes the following rules, namely: -

Legal Commentary on Protection of Children from Sexual Offences Rules, 2020 - Preliminary Section

Introduction

The Protection of Children from Sexual Offences (POCSO) Rules, 2020, serve as a framework to implement the POCSO Act, 2012, which aims to protect children from sexual offences. The preliminary section lays the groundwork for understanding the scope, definitions, and objectives of the Act.

What does Section Say

The preliminary section of the POCSO Rules, 2020, outlines the definitions, objectives, and the legal framework for the protection of children against sexual offences. It emphasizes the need for a child-friendly legal process and the establishment of special courts for the trial of such offences.

Essential Ingredients

• Definition of Child: The section defines a child as any person below the age of 18 years.
• Sexual Offences: It encompasses various forms of sexual assault, harassment, and exploitation against children.
• Child-Friendly Procedures: The rules mandate procedures that are sensitive to the needs of children, ensuring their protection and well-being.

Scope of Section

The scope of the preliminary section extends to all forms of sexual offences against children, including but not limited to sexual assault, harassment, and the use of children for pornographic purposes. It aims to create a comprehensive legal framework that addresses these issues effectively.

Punishment for Section

While the preliminary section itself does not prescribe specific punishments, it sets the stage for subsequent sections of the POCSO Act, which detail the penalties for various offences against children, including severe punishments for heinous crimes.

Legal Comments

• Definition - The term "child" is defined as any individual below 18 years, ensuring comprehensive protection under the law. - [Protection of Children from Sexual Offences Act, 2012]
• Objective - The primary objective is to provide a robust legal framework for the protection of children from sexual offences. - [POCSO or Protection Of Children from Sexual Offences Act - BYJU'S]
• Child-Friendly Process - The rules emphasize the need for child-friendly procedures in legal processes to minimize trauma. - [Protection of Children from Sexual Offences Act, 2012]
• Special Courts - Establishment of special courts for the trial of sexual offences against children is mandated to expedite justice. - [Protection of Children from Sexual Offences Act, 2012]
• Comprehensive Coverage - The Act covers a wide range of sexual offences, including assault, harassment, and pornography. - [Protection of Children from Sexual Offences Act, 2012]
• Legal Framework - The POCSO Rules, 2020, provide a detailed legal framework for the implementation of the POCSO Act. - [POCSO Rules, 2020 - SCC Online]
• Victim Support - The rules ensure that victims receive adequate support and information throughout the legal process. - [The Protection of Children from Sexual Offences Rules, 2020]
• Reporting Mechanism - There are specific provisions for the reporting of offences, ensuring timely action against perpetrators. - [Protection of Children from Sexual Offences Rules, 2020]
• Interim Relief - The rules allow for interim relief measures for children who are victims of sexual offences. - [The Protection of Children from Sexual Offences Rules, 2020]
• Awareness and Training - The rules emphasize the need for awareness and training for law enforcement and judicial personnel regarding child protection. - [POCSO or Protection Of Children from Sexual Offences Act - BYJU'S]
• Amendments - The Act has been amended to introduce more stringent punishments for sexual crimes against children. - [POCSO Act - Drishti IAS]
• Holistic Approach - The POCSO Act aims to ensure the overall well-being of children, not just their protection from sexual offences. - [Protection of Children from Sexual Offences Act, 2012]
• Legal Aid - Provisions for legal aid to victims are included to ensure they have access to justice. - [Protection of Children from Sexual Offences Rules, 2020]
• Child's Rights - The rules reinforce the rights of children to be protected from sexual exploitation and abuse. - [Protection of Children from Sexual Offences Act, 2012]
• Community Involvement - The Act encourages community involvement in reporting and preventing sexual offences against children. - [POCSO or Protection Of Children from Sexual Offences Act - BYJU'S]
• Focus on Rehabilitation - Emphasis is placed on the rehabilitation of child victims to help them reintegrate into society. - [Protection of Children from Sexual Offences Act, 2012]
• Preventive Measures - The rules advocate for preventive measures to combat child sexual abuse effectively. - [Protection of Children from Sexual Offences Act, 2012]
• Data Collection - The rules may include provisions for the collection of data on sexual offences against children to inform policy and practice. - [Protection of Children from Sexual Offences Rules, 2020]
• Inter-Agency Coordination - The rules promote coordination among various agencies involved in child protection. - [Protection of Children from Sexual Offences Rules, 2020]
• Public Awareness Campaigns - The Act encourages public awareness campaigns to educate communities about child sexual abuse. - [POCSO or Protection Of Children from Sexual Offences Act - BYJU'S]

R.1 Short title and commencement

(1) These rules may be called the Protection of Children from Sexual Offences Rules, 2020.

(2) They shall come into force on the date of their publication in the Official Gazette.

Legal Commentary on PROTECTION OF CHILDREN FROM SEXUAL OFFENCES RULES, 2020 - Section R.1

Introduction

Section R.1 of the Protection of Children from Sexual Offences Rules, 2020, establishes procedural guidelines under the framework of the POCSO Act, 2012, focusing on safeguarding children from sexual offences through awareness, child care, medical/legal aid, and reporting mechanisms. These rules aim to operationalize the provisions of the Act, ensuring effective implementation and protection of children's rights.

What does Section R.1 Say

Section R.1 primarily introduces the scope and purpose of the Rules, emphasizing measures for child protection, including procedures for reporting offences, medical and legal assistance, and safeguarding measures related to the virtual and physical identities of children. It underscores the importance of a child-centric approach in handling sexual offence cases.

Essential Ingredients

• Scope of Application: The Rules apply to all offences under the POCSO Act, including sexual assault, harassment, and pornography involving children.
• Reporting Procedures: Clear guidelines for reporting offences, especially regarding pornographic material involving children.
• Protection Measures: Procedures for safeguarding the child's identity, emotional well-being, and physical safety.
• Medical and Legal Aid: Provision for prompt medical examination and legal assistance for child victims.
• Awareness and Training: Emphasis on awareness programs and training for authorities handling such cases.
• Virtual Identity Protection: Specific measures to protect the child's virtual identity and prevent further trauma.

Scope of Section R.1

The section covers procedural and protective measures for children involved in sexual offence cases, including reporting, medical/legal aid, and safeguarding virtual and physical identities. It ensures that all relevant authorities adhere to these guidelines to uphold the child's best interests.

Punishment for Section R.1

As a procedural rule, Section R.1 itself does not prescribe punishment but facilitates the enforcement of the substantive provisions of the POCSO Act, which prescribe stringent punishments, including rigorous imprisonment for offences like aggravated sexual assault and repeated offences.

Legal Comments

• "Scope" - Defines comprehensive procedural measures for child protection, including reporting and safeguarding, aligning with the overarching goal of the POCSO Act to prioritize the child's best interests .
• "Reporting" - Establishes specific procedures for reporting pornographic material involving children, ensuring timely and effective action .
• "Protection of Identity" - Emphasizes measures to safeguard the child's physical and virtual identity, preventing further trauma or exploitation .
• "Medical Aid" - Mandates prompt medical examination and aid for child victims, crucial for evidence collection and health care .
• "Legal Assistance" - Ensures children have access to legal aid to facilitate their participation in the justice process without additional trauma .
• "Awareness Programs" - Highlights the importance of awareness and training for authorities and the public to combat child sexual abuse effectively .
• "Virtual Identity" - Recognizes the significance of protecting the child's online presence and virtual identity to prevent cyber exploitation .
• "Procedural Clarity" - Provides clear guidelines for authorities to handle cases efficiently, reducing delays and ensuring swift justice .
• "Safeguarding Measures" - Incorporates measures to prevent secondary victimization of child victims during investigation and trial .
• "Implementation" - Reinforces the role of various authorities, including Child Welfare Committees and police, in implementing these rules effectively .
• "Child-Centric Approach" - Embodies the principle of the child's best interests in all procedural aspects, aligning with the POCSO Act's core philosophy .
• "Protection Against Re-victimization" - Ensures measures are in place to prevent re-traumatization of the child during legal proceedings .
• "Inter-agency Coordination" - Promotes coordination among law enforcement, medical, and social agencies for comprehensive child protection .
• "Legal Framework" - Acts as an operational supplement to the substantive provisions of the POCSO Act, reinforcing the legal framework for child protection .
• "Timely Disposal" - Supports the objective of expeditious disposal of cases, as mandated by the Act, to ensure justice and child well-being .
• "Protection of Privacy" - Ensures that the child's privacy is maintained during investigations and proceedings, in line with the Act’s emphasis on confidentiality .
• "Special Courts" - Facilitates the functioning of Special Courts for speedy trial, as envisaged under the POCSO framework .
• "Child Welfare" - Reinforces the importance of child welfare in all procedural steps, including recovery and rehabilitation .

Note: The references are based on the provided sources, primarily emphasizing procedural and protective aspects outlined in the Rules and the overarching POCSO framework.

R.2 Definitions

(1) In these rules, unless the context otherwise requires, -

(a) "Act" means the Protection of Children from Sexual Offences Act, 2012 (32 of 2012);

(b) "District Child Protection Unit" (DCPU) means the District Child Protection Unit established by the State Government under section 106 of the Juvenile Justice (Care and Protection of Children) Act, 2015 (2 of 2016);

(c) "expert" means a person trained in mental health, medicine, child development or other relevant discipline, who may be required to facilitate communication with a child whose ability to communicate has been affected by trauma, disability or any other vulnerability;

(d) "special educator" means a person trained in communication with children with disabilities in a way that addresses the child's individual abilities and needs, which include challenges with learning and communication, emotional and behavioural iss

R.3 Awareness generation and capacity building

(1) The Central Government, or as the case may be, the State Government shall prepare age-appropriate educational material and curriculum for children, informing them about various aspects of personal safety, including -

(i) measures to protect their physical, and virtual identity; and to safeguard their emotional and mental well being;

(ii) prevention and protection from sexual offences;

(iii) reporting mechanisms, including Child helpline-1098 services;

(iv) inculcating gender sensitivity, gender equality and gender equity for effective prevention of offences under the Act.

(2) Suitable material and information may be disseminated by the respective Governments in all public places such as panchayat bhavans, community centers, schools and colleges, bus terminals, railway stations, places of congregation, airports, taxi stands, cinema halls and such other

R.4 Procedure regarding care and protection of child

(1) Where any Special Juvenile Police Unit (hereafter referred to as "SJPU") or the local police receives any information under sub-section (1) of section19 of the Act from any person including the child, the SJPU or local police receiving the report of such information shall forthwith disclose to the person making the report, the following details:-

(i) his or her name and designation;

(ii) the address and telephone number;

(iii) the name, designation and contact details of the officer who supervises the officer receiving the information.

(2) If any such information regarding the commission of an offence under the provisions of the Act is received by the child helpline-1098, the child helpline shall immediately report such information to SJPU or Local Police.

(3) Where an SJPU or the local police, as the case may be, receives information in accord

R.5 Interpreters, translators, special educators, experts and support persons

(1) In each district, the DCPU shall maintain a register with names, addresses and other contact details of interpreters, translators, experts, special educators and support persons for the purposes of the Act, and this register shall be made available to the SJPU, local police, magistrate or Special Court, as and when required.

(2) The qualifications and experience of the interpreters, translators, special educators, experts and support persons engaged for the purposes of sub-section (4) of section 19, sub-sections (3) and (4) of section 26 and section 38 of the Act,and rule 4 respectively shall be as indicated in these rules.

(3) Where an interpreter, translator, or special educator is engaged, otherwise than from the list maintained by the DCPU under sub-rule (1), the requirements prescribed under sub-rules (4) and (5) of this rule may be relaxed on evidence of relevant experience or formal education or training or demon

R.6 Medical aid and care

(1) Where an officer of the SJPU, or the local police receives information under section 19 of the Act that an offence under the Act has been committed, and is satisfied that the child against whom an offence has been committed is in need of urgent medical care and protection, such officer, or as the case may be, the local police shall, within 24 hours of receiving such information, arrange to take such child to the nearest hospital or medical care facility center for emergency medical care:

Provided that where an offence has been committed under sections 3, 5, 7 or 9 of the Act, the victim shall be referred to emergency medical care.

(2) Emergency medical care shall be rendered in such a manner as to protect the privacy of the child, and in the presence of the parent or guardian or any other person in whom the child has trust and confidence.

(3) No medical practitioner, hospital or other medical facil

R.7 Legal aid and assistance

(1) The CWC shall make a recommendation to District Legal Services Authority (hereafter referred to as "DLSA") for legal aid and assistance.

(2) The legal aid and assistance shall be provided to the child in accordance with the provisions of the Legal Services Authorities Act, 1987 (39 of 1987).

R.8 Special relief

(1) For special relief, if any, to be provided for contingencies such as food, clothes, transport and other essential needs, CWC may recommend immediate payment of such amount as it may assess to be required at that stage, to any of the following:-

(i) the DLSA under Section 357A; or;

(ii) the DCPU out of such funds placed at their disposal by state or;

(iii) funds maintained under section105 of the Juvenile Justice (Care and Protection of Children) Act,2015 (2 of 2016);

(2) Such immediate payment shall be made within a week of receipt of recommendation from the CWC.

R.9 Compensation

(1) The Special Court may, in appropriate cases, on its own or on an application filed by or on behalf of the child, pass an order for interim compensation to meet the needs of the child for relief or rehabilitation at any stage after registration of the First Information Report. Such interim compensation paid to the child shall be adjusted against the final compensation, if any.

(2) The Special Court may, on its own or on an application filed by or on behalf of the victim, recommend the award of compensation where the accused is convicted, or where the case ends in acquittal or discharge, or the accused is not traced or identified, and in the opinion of the Special Court the child has suffered loss or injury as a result of that offence.

(3) Where the Special Court, under sub-section (8) of section 33 of the Act read with sub-sections (2) and (3) of section 357A of the Code of Criminal Procedure, 1973 (2 of 1974) makes a di

R.10 Procedure for imposition of fine and payment thereof

(1) The CWC shall coordinate with the DLSA to ensure that any amount of fine imposed by the Special Court under the Act which is to be paid to the victim, is in fact paid to the child.

(2) The CWC will also facilitate any procedure for opening a bank account, arranging for identity proofs, etc., with the assistance of DCPU and support person.

R.11 Reporting of pornographic material involving a child

(1)Any person who has received any pornographic material involving a child or any information regarding such pornographic material being stored, possessed, distributed, circulated, transmitted, facilitated, propagated or displayed, or is likely to be distributed, facilitated or transmitted in any manner shall report the contents to the SJPU or local police, or as the case may be, cyber-crime portal (cybercrime.gov.in) and upon such receipt of the report, the SJPU or local police or the cyber-crime portal take necessary action as per the directions of the Government issued from time to time.

(2) In case the "person" as mentioned in sub-rule (1) is an "intermediary" as defined in clause (w) of sub-section (1) of section 2 of the Information Technology Act,2000, such person shall in addition to reporting, as provided under sub-rule(1), also hand over the necessary material including the source from which such material may have originated to the SJP

R.12 Monitoring of implementation of the Act

(1) The National Commission for the Protection of Child Rights (hereafter referred to as "NCPCR") or the State Commission for the Protection of Child Rights (hereafter referred to as "SCPCR"), as the case may be, shall in addition to the functions assigned to them under the Commissions for Protection of Child Rights Act, 2005 (4 of 2006), perform the following functions for implementation of the provisions of the Act -

(a) monitor the designation of Special Courts by State Governments;

(b) monitor the appointment of the Special Public Prosecutors by the State Governments;

(c) monitor the formulation of the guidelines described in section 39 of the Act by the State Governments, for the use of non-governmental organisations, professionals and experts or persons having knowledge of psychology, social work, physical health, mental health and child development to be associated with the pretrial and tri

R.13 Repeal

The Protection of Children from Sexual Offences Rules, 2012 are hereby repealed, except as respects things done or omitted to be done before such repeal.

Form -A

Entitlement of children who have suffered sexual abuse to receive information and services

1. To receive a copy of the FIR.

2. To receive adequate security and protection by Police.

3. To receive immediate and free medical examination by civil hospital/PHC etc.

4. To receive Counselling and consultation for mental and psychological well being

5. For Recording of statement of child by woman police officer at child's home or any other place convenient to child

6. To be moved to a Child Care Institution where offence was at home or in a shared household, to the custody of a person whom child reposes faith.

7. For