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POSCO offence to be tried as per JJ Act


Why is it in the news?

  • The Kerala High Court has determined that children accused under the Protection of Children from Sexual Offences (POCSO) Act, 2012, should be prosecuted in accordance with the provisions outlined in the Juvenile Justice (Care and Protection of Children) (JJ) Act.
Protection of Children from Sexual Offences (POCSO) Act, 2012

·       Introduced by the Ministry of Women and Child Development to combat sexual abuse and exploitation of children.

·       Defines a child as any person below eighteen years of age and prioritizes their best interests and well-being.

·       Aims to ensure the healthy physical, emotional, intellectual, and social development of children.

·       Provides stringent legal provisions and punishments, including rigorous imprisonment for life and fines, for offenders.

·       Encompasses provisions for prosecuting those involved in trafficking children for sexual purposes and abetment.

Juvenile Justice (Care and Protection of Children) Act, 2015

·       Implemented in 2016, replacing the previous 2000 Act.

·       Aligned with the objectives of the United Nations Convention on the Rights of Children ratified by India in 1992.

·       Sets forth procedural safeguards for children in conflict with the law, ensuring fair treatment and protection of their rights.

·       Addresses challenges such as delays in adoption processes, high pendency of cases, and accountability of institutions involved in child welfare.

·       Specifically addresses the needs of children aged 16-18 in conflict with the law, acknowledging an increase in reported crimes committed by this age group.

 


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