POCSO Act
The Protection Of Children from Sexual Offences Act
 Child Sexual Abuse is a type of child
abuse where an adult engages in sexual
activity with a child.
Background
 This may take the form of sexual assault,
sexual harassment, child pornography
etc.
 Before POCSO, there was no national law
History of Child
Protection Laws
in India
to protect children from sexual offences.
 Only Goa had a separate child-specific
law, namely, Goa Children’s Act, 2003.
 The use of the common IPC proved
insufficient to prosecute all cases of
sexual abuse in children.
History
 Thus, a Protection Of Children from Sexual
Offences (POCSO) Bill was written in
2011. It was passed by Parliament in 2012,
making it an Act.
POCSO Act,
Chapter I :
Preliminary
 Chapter I of the Act gives the Title,
Extent, and Commencement, including
definitions for some terms.
 The Act defines a child as any person
below the age of 18 years.
 This chapter gives more expansive
definitions of different types of sexual
assault, and their punishments.
Chapter II :
Sexual Offences
against Children
 This includes  Penetrative sexual assault
 Aggravated penetrative sexual assault
 Sexual Assault
 Aggravated Sexual Assault
 Sexual Harassment
 Punishments start from an undefined
amount of fine and imprisonment
extending to 3 years.
Punishments
 The most severe punishment applies to
aggravated penetrative sexual assault,
which includes rigorous imprisonment for
minimum 20 years which may extend to
life, or even capital punishment.
 It defines offenders as - Whoever uses a
child in any form of media, including
programme or advertisement telecast by
television or internet, for the purpose of
sexual gratification.
Chapter III :
Child
Pornography
 For using a child for pornographic
purposes : Imprisonment for minimum 5
years; for repeat offence 7 years.
Punishments
 For storage of pornographic material
involving a child : Fine of 5000/- to
10000/-, to imprisonment of 5-7 years if
for commercial purpose.
 Abetment of, and Attempt to Commit,
an Offence :
 Abetment includes anyone who
Chapter IV
instigates, engages, or aids another
person to commit this offence.
 Punishment for abetment is same as that
for the offence itself.
 Punishment for attempt to commit is
one-half of that for the offence.
 V : Procedure for Reporting of Cases :
 It gives provisions for mandatory
Chapter V & VI
reporting of such offences to Special
Juvenile Police Unit or the local police.
 VI : Procedure for Recording Statement
of the Child :
 It can be done by police or magistrate.
 VII : Special Courts :
Chapter VII &
VIII
 Sets the designation of special courts and
public prosecutors.
 VIII : Procedure & Powers of Special
Courts and Recording of Evidence :
 It includes provisions for the child not
being forced to face the accused, incamera trials, and interpreters.
 The final chapter consists of
Chapter IX :
Miscellaneous
miscellaneous content like provision of a
child to take assistance of an expert, legal
practitioner etc.
NDPS Act
Narcotic Drugs and Psychotropic Substances Act
 There was no legislation in India
History
regarding narcotics till 1985 - Cannabis
and derived compounds were legally
sold and consumed till then.
 The Rajiv Gandhi Govt. passed the NDPS
Act in 1985.
 The Act deals with production/cultivation,
sale/purchase, possession & consumption
of any psychotropic substance.
 It extends to the entirety of India and
Indian citizens outside India.
Extent
 It deals with the title and extent, and
definitions of several terms in the Act.
Chapter I :
Preliminary
 Addict means a person who has
dependence on any narcotic drug or
psychotropic substance.
 It also defines most major psychoactive
substances.
 Defines Authorities & Officers at National
Chapter II :
Authorities &
Officers
level & State level.
 Chapter IIA – Deals with the constitution
of a National Fund for Control of Drug
Abuse.
 Prohibition, Control, and Regulation :
 It clearly defines any & all activities
related to narcotics which may be
construed as an offence.
 There are special provisions for use of
Chapter III
Coca plant in flavouring of foods, and
Cannabis plant in use of its fibres.
 Different punishments are set for abuse of
different narcotics.
Chapter IV :
Offences &
Penalties
 It may extend from rigorous imprisonment
of 1 year or fine of 10000/- (small
quantity), to 10-20 years or 1-2 lakh fine
(commercial quantity).
 This chapter deals with the legal
procedure of dealing with a person
suspected of contravening the NDPS Act.
 It starts with the power to issue warrants,
as well as entry/search/seizure/arrest
without a warrant.
Chapter V :
Procedure
 It also defines the duty of a land holder
and certain officers to give information
about illegal cultivation.
 It also sets the procedure to deal with
Procedure
people arrested and disposal of seized
substances.
 Finally it deals with stop & search
conveyance, and the conditions under
which this can be done.
 Sub-chapter VA deals with Forfeiture of
Illegally Acquired Property related to
people convicted under the Act.
Chapter V A
 This final chapter deals with
Chapter VI :
Miscellaneous
miscellaneous content like power of
Central/State Govt. to make rules,
application of Drugs & Cosmetics Act etc.
THANK YOU FOR
YOUR TIME