Defences Against False Rape and Pocso Cases - Cross Examination under Pocso

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Description
The Bharatiya Nyaya Sanhita, 2023 has introduced a New Chapter on "Offences against Women and Children", i.e., Chapter V-By incorporating such a Chapter in BNS, the Legislature has signified the importance and concern as given to tackling crimes against women and children. All sections of POCSO will be invoked of rape is committed on a minor. Now in consensual rape cases, the existing age limit has been raised from 15 years to 18 years. Apart from that introduction of provisions for 'e-FIR' in BNSS, 2023, will be an aid in swift reporting of child sexual abuse cases requiring immediate action.
Being a signatory to Convention on the Rights of Children as adopted by UNO, our country has brought this POCSO Act, 2012, to ensure physical, emotional and social development of the child. That's why state is expected to take all measures to prevent:-
(i) the exploitative use of children in unlawful sexual practices;
(ii) the exploitative use of children in pornographic performances and materials;
(iii) and the inducement or forced engagement of children in any unlawful sexual activity.
The POCSO Act, 2012 is a special penal statute to provide for the protection of children from the offences of sexual assault, sexual harassment and pornography, while safeguarding the interests of the child at every stage of the judicial process by incorporating child-friendly mechanisms for recording of evidence, investigation and speedy trial of offences through designated Special Courts. The Act also defines a 'child' as any person below eighteen year of age, and defines different forms of sexual abuse, including penetrative and non-penetrative assault as well as sexual harassment and pornography and deems a sexual assault to be "aggravated" under certain circumstances, such as when the abused child is mentally ill or when the abuse is committed by a person in a position of trust or authority vis-a-vis the child, like a family member, police officer, teacher or doctor.
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Contents
1. Preface
2. General Contents
3. Detailed Contents
4. Table of Cases
5. POCSO Prosecution and Implications of BNS, 2023
6. Table on Protection of Children from Sexual Offences under BNS, 2023
7. Table on Sexual Offences under BNS, 2023 [Old to New]
8. Table on Provisions against Sexual Offences under BNS, 2023
9. Table on Quick Review of Sexual Offences against Women and Children under BNS, 2023
10. Pro-Child and Women Victim Provisions under BNS, 2023
11. Women-Centric Changes under BNSS, 2023
12. Unlocking Intricacies of Cross-examination under POCSO
13. 'Child'-Who is
14. Relevant Comparative Provisions of BNS, BNSS & BSA [Old to New)
15. General Notification
16. The Protection of Children from Sexual Offences Act, 2012
17. POCSO Cases
18. Rape Cases
19. IPC and POCSO Cases
20. Subject Index
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Author Details
S.K.P. Sriniwas, Advocate