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Sreenidhi A (Student)     08 February 2021

Academic query

Hello,

I had a doubt regarding the POCSO act. The people who witness children being harassed but do not report or fight off against such offenders, will they be punished? Is there any provision for punishment for such people? 



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 1 Replies

175B083 Mahesh P S   16 February 2021

Hello,

Since the cases of under reporting of child s*xual abuse is prevalent in India. POCSO mandates every person who comes to know about the child Sexual assault that has taken place or is about to take place is mandated to report it to the police. It hampers the s*xual autonomy of the victim who is forcibly swept into the criminal justice system and thus even hampers the further communication due to fear of reporting without informed consent. Also, the very mandate leads to false reporting of cases which is completely non-sensitive to the consequences of such false reports. Even the reporting of cases does not lead to proper investigation and ultimately the s*xual offences remains unaffected and unreported in numbers.

Kindly go through the following articles for a wider perspective on your query:

https://www.lawyersclubindia.com/articles/focus-areas-and-considerations-for-bail-in-pocso-act-11968.asp

https://www.lawyersclubindia.com/news/pocso-victims-entitled-to-receive-information-about-court-proceedings-including-status-of-the-bail-of-the-accused-j-k-hc-18100.asp

https://www.lawyersclubindia.com/judiciary/pocso-act-will-cover-adults-who-faced-s*xual-harassment-as-a-minor-andhra-pradesh-hc-4246.asp

https://www.lawyersclubindia.com/news/-Details-of-POCSO-cases-to-be-placed-in-front-of-the-Supreme-Court-by-the-Amicus-Curiae-17179.asp

 

Thank you


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