New Delhi: Section 5 sub-clause (k) and Section 9(k) of Protection of Children from Sexual Offences (POCSO) Act, 2012 lay down that whoever taking advantage of a child’s mental or physical disability, commits ‘penetrative sexual assault’ or ‘sexual assault’ on the child, commits ‘aggravated penetrative sexual assault’ or ‘aggravated sexual assault’ respectively. Section 6 of the POCSO Act lays down that whoever commits aggravated penetrative sexual assault shall be punished with rigorous imprisonment for a term which shall not be less than twenty years, but which may extend to imprisonment for life, which shall mean imprisonment for the remainder of natural life of that person, and shall also be liable to fine, or to death . Section 10 of the POCSO Act stipulates that whoever commits aggravated sexual assault shall be punished with imprisonment of either description for a term which shall not be less than five years but which may extend to seven years, and shall also be liable to fine.
Section-33 of the POCSO Act under sub-clause (8) provides that in appropriate cases, the Special Court may, in addition to the punishment, direct payment of such compensation as may be prescribed to the child for any physical or mental trauma caused to him or for immediate rehabilitation of such child.
Rule 4 of the POCSO Rules, 2020 lays down a detailed procedure regarding care and protection, including counseling and therapy, of the victim of child sex abuse. Section-6 of the POCSO Rules, 2020 also has provision regarding providing of Medical aid and care to the victim of child sex abuse. Provision of Special Relief has also been prescribed in the POCSO Rules, 2020 for contingencies such as food, clothes, transport and other essential need. The detailed POCSO Rules, 2020 are available on the website of Ministry of Women and Child Development i.e. www.wcd.nic.in.
This information was given by the Union Minister of Women and Child Development, Smt. Smriti Zubin Irani, in a written reply in the Rajya Sabha today.
