Why in News ?
Delhi High Court has ruled that the presumption of guilt engrafted in Section 29 of the Protection of Children from Sexual Offences (POCSO) Act gets triggered and applies only once trial begins, that is after charges are framed against the accused. POCSO Act Section 29 Implication.
What is Section 29 ?
- POCSO Act Section 29 : When a person is prosecuted for committing an offence of sexual assault against a minor, the special court trying the case shall presume the accused to be guilty.
- This reverse burden on the accused to prove his innocence was incorporated in the POCSO Act keeping in view the low conviction rate of sexual offences against children.
- Presumption of guilt on the part of the accused if he is prosecuted for committing, abetting or attempting offences under Sections 3, 5, 7 and 9 of the Act.
- Importance of the act is that
- To take care of the child who has limited capabilities.
- To achieve its object of protection of children.
Delhi High Court Ruling
- If a bail plea is being considered before charges have been framed, Section 29 has no application.
- Trial commences when charges are framed against an accused and not before that.
- Only at the stage when charges are framed does the court apply its judicial mind to whether there is enough evidence on record to frame a precise allegation, which the accused must answer.
- Therefore, it is only once charges are framed that the accused knows exactly what he is alleged to be guilty of; and therefore, what guilt he is required to rebut.
- Also set out fresh norms while deciding a bail plea at the post-charge stage.
- In addition to the nature and quality of the evidence before it, the court would also factor in certain real-life considerations.
- This include whether the offence alleged involved threat, intimidation, violence or brutality.
Protection of Children from Sexual Offences (POCSO) Act
- The Act seeks to protect children from offences such as sexual assault, sexual harassment, and pornography.
- Under the Act, a person commits penetrative sexual assault the punishment for such offence is imprisonment between seven years to life, and a fine.
- Also the law provides for aggravated activities extended and include cases when a police officer, a member of the armed forces, or a public servant commits penetrative sexual assault on a child.
- A person is guilty of using a child for pornographic purposes if he uses a child in any form of media for the purpose of sexual gratification.
- Child pornography as any visual depiction of sexually explicit conduct involving a child including photograph, video, digital or computer generated image indistinguishable from an actual child.
- The Act penalises storage of pornographic material for commercial purposes with a punishment of up to three years, or a fine, or both.
Source : The Hindu
Topic
GS II : Welfare schemes for vulnerable sections of the population by the Centre and States and the performance of these schemes; mechanisms, laws, institutions and Bodies constituted for the protection and betterment of these vulnerable sections
Current Affairs Compilation : 5 October 2020