Student at Amity Law School, Lucknow, India
Assistant Professor at Amity Law School, Lucknow, India
The Protection of Children from Sexual Offences (POCSO) Act, 2012, was enacted to address the pressing issue of child sexual abuse in India and to ensure a child-friendly judicial process. This report examines the key provisions, features, and objectives of the Act, highlighting its role in safeguarding children’s rights. It also analyses landmark judicial interpretations and significant amendments that have strengthened the legal framework. Furthermore, the report critically evaluates the loopholes and instances of misuse that have surfaced in its implementation, raising concerns about procedural gaps, over-criminalization, and the balancing of natural justice. Drawing from statutory provisions, case laws, and empirical data, the report underscores the importance of sensitization, effective enforcement, and policy reforms to uphold the Act’s intent. The study concludes by recommending measures to enhance the efficacy of POCSO, ensuring it serves as a robust instrument of child protection without compromising the rights of the accused.
Research Paper
International Journal of Law Management and Humanities, Volume 8, Issue 4, Page 505 - 520
DOI: https://doij.org/10.10000/IJLMH.1110476This is an Open Access article, distributed under the terms of the Creative Commons Attribution -NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.
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