article-thumbnail

The POCSO Act: Strengths And Challenges

Author(s): Goswami O, Mahanta P

Cite this article as: Goswami O, Mahanta P. The POCSO Act: Strengths And Challenges. Int J Health Res Medico Leg Prae 2026 Jan-June;12(1)

This review paper examines the Protection of Children from Sexual Offences (POCSO) Act in India, focusing on its strengths and challenges. Child sexual abuse (CSA) is a serious violation of children's rights with enduring consequences. It provides historical context by citing India's ratification of the UN Convention on the Rights of the Child and major studies documenting the prevalence of CSA. The paper also describes the legislative response to high-profile cases, culminating in the enactment of the POCSO Act in 2012 to comprehensively address these concerns. The POCSO Act creates a detailed system to protect children from sexual crimes, including clear definitions, strict punishments, faster investigation processes, and ways to keep victims' identities safe. Despite these advancements, the paper identifies ongoing challenges, including the misapplication of consent in romantic relationships involving minors, the presumption of guilt, complications in medical reporting, high rates of victim refusal, and the potential misuse of the Act in custody disputes. The paper further addresses the significance of accurate age estimation and the necessity of long-term rehabilitation for survivors, as well as the implications of mandatory reporting requirements that may inadvertently traumatise victims. The conclusion points out the essential role of the Act in safeguarding children's rights and advocates for a reassessment of its provisions concerning underage and accused individuals, as well as considerations of mental age. 

Authors

Putul Mahanta Corresponding Author

Professor And Head, Department Of Forensic Medicine And Toxicology, Nalbari Medical College And Hospital, Nalbari, Assam

Goswami O

Associate Professor

Total Article Reads

Article reads consist of online article views and PDF downloads.

Views

6

Downloads

1

Downloadable Contents