Delhi High Court On Pocso Act: Delhi High Court has given a big decision while hearing a case of POCSO. While hearing the case, Justice Jairam Bhambhani said that under the POCSO Act, cases of penetrative sexual assault and aggravated penetrative sexual assault (forcibly touching the private parts of children with any object) can also be filed against women. Gender is not a shield in such cases, because the sexual offender can be not only a man, but also a woman. The court said that in sexual assault on children, if not only the genitals but any object is inserted, then it comes under the category of sexual assault i.e. rape. ‘He’ does not mean only man. Delhi High Court gave this decision in a case related to POCSO Act.
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In fact, a case was registered against a woman from Delhi in 2018 for sexually assaulting a child. In March this year, the trial court had framed charges against the woman. After this, the woman challenged it in the High Court on the grounds that she cannot be made an accused under Section 3 and 5 of the POCSO Act. The woman argued that only men can be made criminals under Section 3 and 5, because the word ‘he’ has been used in it.
Justice Bhambhani gave these arguments
While hearing the case, Justice Bhambhani said that the word ‘he’ used in Section 3 of the POCSO Act cannot be interpreted to mean that it is only for men. Both men and women should be brought under its purview. The court said that ‘he’ has been defined nowhere in the POCSO Act. Looking at the provisions of Section 2(2) of the POCSO Act, we should return to the definition of ‘he’, as in Section 8 of the IPC. (Section 8 of the IPC defines gender. In this, he has been used for both men and women. Justice Bhambhani said that the POCSO Act was made so that children can be protected from sexual crimes, whether the crime is committed by a man or a woman.
Pocso Act will be applicable on both men and women
A bench of Justice Anup Jairam Bhambhani said that Section 3 of the POCSO Act, which deals with penetrative sexual assault, includes penetration of any object or any part of the body, or manipulation of any part of the body of the child for penetration, or use of the mouth, within the scope of the same, hence, it would be completely illogical to say that these provisions only require penetration by penis for the offence.
In the 15-page order, the Justice said that the POCSO Act was made to protect children from sexual crimes. Of course, the crime on the child is committed by a man or a woman. The bench said, ‘The pronoun ‘he’ used in sections 3 (A), 3 (B), 3 (C) and 3 (D) should not be interpreted in such a way that the crimes included in those sections are limited only to men. It is very important to note that the said provisions include inserting any object or body part, or manipulating any part of the child’s body for penetration or using the mouth.’
Know what is POCSO Act?
POCSO means Protection of Children from Sexual Offenses Act. This law was introduced in 2012. It makes sexual abuse against children a crime. This law applies to both boys and girls under the age of 18. Its purpose is to protect children from crimes related to sexual harassment and obscenity. Under this law, people under the age of 18 are considered children and strict punishment has been provided for crimes against children. There was no death penalty in the POCSO law earlier, but in 2019, it was amended and provision for death penalty was also made. If a life sentence is given under this law, then the culprit will have to spend his entire life in jail. This means that the culprit cannot come out of jail alive.
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