The POCSO Act One Liner Notes

THE PROTECTION OF CHILDREN FROM SEXUAL OFFENCE ACT, 2012
Free Judiciary Classes
CHAPTER I
PRELIMINARY
"The Protection of Children from Sexual Offences Act, 2012" came into force on which dates?	14th November 2012
What is the ACT No. of POCSO Act 2012?	ACT NO. 32 OF 2012
What is the short title of the Act?	"The Protection of Children from Sexual Offences Act, 2012" (POCSO)
What is the primary objective of the POCSO Act 2012?	to protect children from offences of sexual assault, sexual harassment and pornography
What does Section 1 of the POCSO Act 2012 provide?	Short title, extent and commencement
Which Article of the Constitution empowers the State to make special provisions for children?	Article 15(3)
What is the significance of the date of commencement (14th November 2012) of the POCSO Act?	It is celebrated as Children's Day in India
Which of the following cases emphasized that the POCSO Act is gender-neutral in protection?	Eera v. State (NCT of Delhi) (2017)
The Act originally did not extend to which regions?	Jammu and Kashmir
By which amendment the words “except the State of Jammu and Kashmir” omitted? Free One Liner Notes	Jammu and Kashmir Reorganisation Act, 2019. ACT NO. 34 OF 2019, S. 95 and the Fifth Schedule (w.e.f. 31-10-2019)
What is the territorial extent of the POCSO Act 2012?	Whole of India
Which case held that the POCSO Act overrides provisions of the Indian Penal Code in cases of child sexual offences?	Satish Ragde v. State of Maharashtra, 2021 SCC OnLine SC 922
What best describes the legal nature of the POCSO Act?	It is a special and self-contained legislation
In which case did the court emphasize that the benefit of POCSO must be interpreted in favor of the child?	Nipun Saxena v. Union of India, (2018)
What changes occurred post the abrogation of Article 370 related to POCSO Act?	POCSO Act became applicable to Jammu & Kashmir
Which provision deal with “Definitions” clause?	Sec.2
Which provision defines the term “aggravated penetrative sexual assault”?	Sec.2(a)
Which provision defines the term “aggravated sexual assault”?	Sec.2(b)
Which provision defines the term “armed forces or security forces”?	Sec.2(c)
What does the term “armed forces or security forces” means?	armed forces of the Union or security forces or police forces, as specified in the Schedule
Which provision defines the term “child”?	Sec.2(d)
What does the term “child” means?	any person below the age of eighteen years
Which provision defines the term “child pornography”?	Sec.2(da)
What does the term “child pornography” means? Free Detailed Notes	any visual depiction of sexually explicit conduct involving a child which include photograph, video, digital or computer-generated image indistinguishable from an actual child and image created, adapted, or modified, but appear to depict a child
Which provision defines the term “domestic relationship”?	Sec.2(e)
What does the term “domestic relationship” means?	shall have the same meaning as assigned to it in clause (f) of section 2 of the Protection of Women from Domestic Violence Act, 2005 (43 of 2005)
Which provision defines the term “penetrative sexual assault”?	Sec.2(f)
Which provision defines the term “prescribed”?	Sec.2(g)
Which provision defines the term “religious institution”?	Sec.2(h)
What does the term “religious institution” means?	shall have the same meaning as assigned to it in the Religious Institutions (Prevention of Misuse) Act, 1988 (41 of 1988).
Which provision defines the term “sexual assault”?	Sec.2(i)
Which provision defines the term “sexual harassment”?	Sec.2(j)
Which provision defines the term “shared household”?	Sec.2(k)
What does the term “shared household” means?	a household where the person charged with the offence lives or has lived at any time in a domestic relationship with the child
Which provision defines the term “Special Court”?	Sec.2(l)
Which provision defines the term “Special Public Prosecutor”?	Sec.2(m)
What best describes the purpose of Section 2 of POCSO Act?	To define key terms for clarity in implementation
In which case did the Supreme Court emphasize that the definition of 'child' in POCSO must be strictly interpreted?	Independent Thought v. Union of India, (2017)
Under Section 2(f), “penetrative sexual assault” is defined under which section of the Act?	Section 3
Which definition in Section 2 refers to “sexual assault” as defined in Section 7 of the Act?	Section.2(i)
“Sexual harassment” is defined under which section of the POCSO Act, as per Section 2(j)?	Section 11
In which case did the Supreme Court clarify that POCSO is gender-neutral in terms of protection offered to “children”?	Eera v. State (NCT of Delhi), 2017
The term “prescribed” in the POCSO Act refers to?	As defined by rules under the Act
The words and expressions used herein and not defined but defined in shall have the meanings respectively assigned to them in the said Codes or the Acts. Free Mock Tests	the Indian Penal Code (45 of 1860), now BNS, 2023 the Code of Criminal Procedure, 1973 (2 of 1974), now BNSS, 2023 the Juvenile Justice (Care and Protection of Children) Act, 2015 (2 of 2016) and the Information Technology Act, 2000 (21 of 2000)
Judiciary Syllabus
CHAPTER II
SEXUAL OFFENCES AGAINST CHILDREN
A-PENETRATIVE SEXUAL ASSAULT AND PUNISHMENT THEREFOR
Which provision deal with “Penetrative sexual assault”?	Sec.3
When a person is said to commit “penetrative sexual assault”?	he penetrates his penis, to any extent, into the vagina, mouth, urethra or anus of a child or makes the child to do so with him or any other person
When a person is said to commit “penetrative sexual assault”?	he inserts, to any extent, any object or a part of the body, not being the penis, into the vagina, the urethra or anus of the child or makes the child to do so with him or any other person
When a person is said to commit “penetrative sexual assault”?	he manipulates any part of the body of the child so as to cause penetration into the vagina, urethra, anus or any part of body of the child or makes the child to do so with him or any other person
When a person is said to commit “penetrative sexual assault”?	he applies his mouth to the penis, vagina, anus, urethra of the child or makes the child to do so to such person or any other person
What is the minimum age of the victim for an offence to fall under Section 3 of POCSO Act?	Below 18 years
In which case did the Bombay High Court controversially interpret "skin-to-skin contact" in POCSO?	Satish vs The State of Maharashtra on 27 October, 2020
Which Supreme Court case overruled the "skin-to-skin" contact judgment of the Bombay High Court?	Attorney General for India v. Satish and Another (2021)
If a person applies his mouth to the penis of a child, which clause of Section 3 is attracted?	Clause (d)
In which case did the court hold that even minimal penetration is sufficient to constitute rape/penetrative assault?	State of Karnataka v. Krishnappa, AIR 2000 SC 1470
What section 3 NOT require for the offence to be complete?	Consent of the child
What is the evidentiary requirement to prove penetrative sexual assault under Section 3?	Victim’s sole testimony is sufficient
Under Section 3 of POCSO Act, penetration must be?	Of any degree to constitute the offence
What happens if penetrative sexual assault is committed by a person in a position of trust or authority?	It becomes aggravated sexual assault under Section 5
Which provision deal with “Punishment for penetrative sexual assault”?	Sec.4
What is the minimum punishment under Section 4 of the POCSO Act?	10 years imprisonment
Under Section 4 of POCSO Act, the maximum punishment may extend to?	Life imprisonment
Whoever commits penetrative sexual assault on a child below sixteen years of age shall be punished with Judiciary PYQs	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.
The fine imposed shall be just and reasonable and paid to the victim	to meet the medical expenses and rehabilitation of such victim.
What additional penalty, apart from imprisonment, is prescribed under Section 4?	Fine
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B - AGGRAVATED PENETRATIVE SEXUAL ASSAULT AND PUNISHMENT THEREFOR
Which provision deal with “Aggravated penetrative sexual assault”?	Sec.5
Whoever, being a police officer, commits penetrative sexual assault on a child — I. within the limits of the police station or premises at which he is appointed; or II. in the premises of any station house, whether or not situated in the police station, to which he is appointed; or III. in the course of his duties or otherwise; or IV. where he is known as, or identified as, a police officer	is said to commit aggravated penetrative sexual assault Bare Acts
whoever being a member of the armed forces or security forces commits penetrative sexual assault on a child.	is said to commit aggravated penetrative sexual assault
whoever being a public servant commits penetrative sexual assault on a child.	is said to commit aggravated penetrative sexual assault
whoever being on the management or on the staff of a jail, remand home, protection home, observation home, or other place of custody or care and protection established by or under any law for the time being in force, commits penetrative sexual assault on a child, being inmate of such jail, remand home, protection home, observation home, or other place of custody or care and protection	is said to commit aggravated penetrative sexual assault CPC Free One Liner Notes
whoever being on the management or staff of a hospital, whether Government or private, commits penetrative sexual assault on a child in that hospital	is said to commit aggravated penetrative sexual assault
whoever being on the management or staff of an educational institution or religious institution, commits penetrative sexual assault on a child in that institution	is said to commit aggravated penetrative sexual assault
whoever commits gang penetrative sexual assault on a child	is said to commit aggravated penetrative sexual assault
whoever commits penetrative sexual assault on a child using deadly weapons, fire, heated substance or corrosive substance	is said to commit aggravated penetrative sexual assault
whoever commits penetrative sexual assault causing grievous hurt or causing bodily harm and injury or injury to the sexual organs of the child	is said to commit aggravated penetrative sexual assault
whoever commits penetrative sexual assault on a child, which • physically incapacitates the child or causes the child to become mentally ill as defined under clause (l) of section 2 of the Mental Health Act, 1987 • in the case of female child, makes the child pregnant as a consequence of sexual assault; • inflicts the child with Human Immunodeficiency Virus or any other life-threatening disease or Infection§ causes death of the child	is said to commit aggravated penetrative sexual assault Constitution Free One Liner Notes
whoever, taking advantage of a child's mental or physical disability, commits penetrative sexual assault on the child	is said to commit aggravated penetrative sexual assault
whoever commits penetrative sexual assault on the child more than once or repeatedly	is said to commit aggravated penetrative sexual assault
whoever commits penetrative sexual assault on a child below twelve years	is said to commit aggravated penetrative sexual assault
whoever being a relative of the child through blood or adoption or marriage or guardianship or in foster care or having a domestic relationship with a parent of the child or who is living in the same or shared household with the child, commits penetrative sexual assault on such child	is said to commit aggravated penetrative sexual assault BSA Free One Liner Notes
whoever being, in the ownership, or management, or staff, of any institution providing services to the child, commits penetrative sexual assault on the child	is said to commit aggravated penetrative sexual assault
whoever being in a position of trust or authority of a child commits penetrative sexual assault on the child in an institution or home of the child or anywhere else	is said to commit aggravated penetrative sexual assault
whoever commits penetrative sexual assault on a child knowing the child is pregnant	is said to commit aggravated penetrative sexual assault
whoever commits penetrative sexual assault on a child and attempts to murder the child	is said to commit aggravated penetrative sexual assault
whoever commits penetrative sexual assault on a child in the course of communal or sectarian violence or during any natural calamity or in similar situations	is said to commit aggravated penetrative sexual assault
whoever commits penetrative sexual assault on a child and who has been previously convicted of having committed any offence under this Act or any sexual offence punishable under any other law for the time being in force	is said to commit aggravated penetrative sexual assault BNSS Free One Liner Notes
whoever commits penetrative sexual assault on a child and makes the child to strip or parade naked in public	is said to commit aggravated penetrative sexual assault
Which provision deal with “Punishment for aggravated penetrative sexual assault”?	Sec.6
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 with death.
If an accused commits aggravated penetrative sexual assault and causes death of the child, the maximum punishment is?	Death penalty
Who is NOT considered a person in a position of trust or authority under Section 5?	Stranger on the street
Which clause of Section 5 covers gang penetrative sexual assault?	Section 5(g)
Penetrative assault during communal or sectarian violence is categorized under?	Section 5(s)
What is the minimum punishment under Section 6 of the POCSO Act after the 2019 amendment?	20 years
Section 6 was amended to include death penalty for child rape in? Woman Domestic Violence Act Free Detailed Notes	Act 25 of 2019 (w.e.f. 16-08-2019)
Under Section 6, fine imposed shall be?	Paid as compensation to child
Which Article of the Constitution can be invoked to challenge death penalty under Section 6?	Article 21
What is the standard of evidence required to convict under Section 6?	Beyond reasonable doubt
Limitation Free One Liner Notes
C - SEXUAL ASSAULT AND PUNISHMENT THEREFOR
Which provision deal with “Sexual assault”?	Sec.7
Whoever, with sexual intent touches the vagina, penis, anus or breast of the child or makes the child touch the vagina, penis, anus or breast of such person or any other person, or does any other act with sexual intent which involves physical contact without penetration.	is said to commit sexual assault. SRA Free One Liner Notes
Under Section 7 of the POCSO Act, what is the essential element that constitutes sexual assault?	Physical contact with sexual intent, without penetration
What is not required to prove a sexual assault under Section 7?	Penetration
In Satish Ragde v. State of Maharashtra (2021), which controversial interpretation of Section 7 was given by the Bombay High Court?	Skin-to-skin contact is essential for sexual assault
Which court overruled the ‘skin-to-skin contact’ judgment in Satish Ragde?	Supreme Court of India
What does the SC held in Attorney General for India v. Satish and Another (2021)? The Sexual Harassment Of Woman At Workplace Act Free Detailed Notes	the most important ingredient for constituting the offence of sexual assault under Section 7 of POCSO Act is “sexual intent” and not the “skin to skin” contact with the child
In case of a doubt whether the act was done with sexual intent, the court shall:	Examine the circumstances and presume intent if reasonable
The phrase “any other act with sexual intent” in Section 7 is?	Broad and inclusive of other sexual acts involving physical contact
Which provision deal with “Punishment for sexual assault”?	Sec.8
What is the minimum punishment prescribed under Section 8 of the POCSO Act for sexual assault?	3 years
What is the maximum imprisonment that can be awarded under Section 8 of POCSO?	5 years
IT Act Free One Liner Notes
D - AGGRAVATED SEXUAL ASSAULT AND PUNISHMENT THEREFOR
Which provision deal with “Aggravated sexual assault”?	Sec.9
Under Section 9, sexual assault is considered aggravated when committed by?	A person in a position of trust or authority
Assaulting a child with mental or physical disability with sexual intent falls under:	Section 9(k)
Which acts can be considered aggravated sexual assault as per Section 9(h) of POCSO?	Assault using deadly weapons or fire
What does Section 9(n) of the POCSO Act cover?	Assault by any relative, guardian, or person in domestic relationship
Which subsection of Section 9 deals with repeated sexual assault on the same child?	9(l)
What is the significance of the relationship in Section 9(n) of the POCSO Act?	Includes domestic relationships and guardianship
Which provision deal with “Punishment for aggravated sexual assault”?	Sec.10
When does aggravated sexual assault become punishable under Section 10?	When defined in Section 9
What is the minimum punishment prescribed under Section 10 of the POCSO Act for aggravated sexual assault?	Five years
The maximum punishment under Section 10 of the POCSO Act is?	Seven years
What must accompany imprisonment under Section 10?	Fine
Aggravated sexual assault as mentioned under Section 10 is defined under which Section?	Section 9
If a school principal is found guilty of sexually assaulting a student under his care, what section is attracted for punishment?	Section 10
What is the difference between Section 6 and Section 10 of the POCSO Act?	Section 6 deals with penetrative sexual assault; Section 10 with aggravated sexual assault
The Sexual Harrassment Of Woman At Workplace Free One Liner Notes
E - SEXUAL HARASSMENTAND PUNISHMENT THEREFOR
Which provision deal with “Sexual harassment”?	Sec.11
When can a person is said to commit sexual harassment upon a child when such person with sexual intent? The Indecent Representation Of Woman Free One Liner Notes	utters any word or makes any sound, or makes any gesture or exhibits any object or part of body with the intention that such word or sound shall be heard, or such gesture or object or part of body shall be seen by the child
When can a person is said to commit sexual harassment upon a child when such person with sexual intent?	makes a child exhibit his body or any part of his body so as it is seen by such person or any other person
When can a person is said to commit sexual harassment upon a child when such person with sexual intent?	shows any object to a child in any form or media for pornographic purposes
When can a person is said to commit sexual harassment upon a child when such person with sexual intent?	repeatedly or constantly follows or watches or contacts a child either directly or through electronic, digital or any other means
When can a person is said to commit sexual harassment upon a child when such person with sexual intent?	threatens to use, in any form of media, a real or fabricated depiction through electronic, film or digital or any other mode, of any part of the body of the child or the involvement of the child in a sexual act
When can a person is said to commit sexual harassment upon a child when such person with sexual intent?	entices a child for pornographic purposes or gives gratification
Any question which involves “sexual intent” shall be	a question of fact.
Under POCSO, “sexual intent” is a?	Essential mental element (mens rea)
Showing sexually explicit images to a child comes under?	Section 11
If a person entices a child online to perform a sexual act, it will be classified under?	Section 11 – Sexual Harassment
Sexual harassment under POCSO can be committed through?	Written or spoken words (e.g., messages, audio, video calls with sexual content)
A person who repeatedly follows a 14-year-old child to her school and makes sexual gestures is liable under?	Section 11
Section 11 defines sexual harassment exclusively for:	Children under 18
Is physical contact necessary for sexual harassment under Section 11?	No, sexual intent is the key, not physical contact
Which provision deal with “Punishment for sexual harassment”?	Sec.12
What is the imprisonment provided under Section 12 of the POCSO Act?	3 years
Is fine mandatory along with imprisonment under Section 12?	Yes (“shall also be liable to fine”)
Which provision defines sexual harassment, whose punishment is given under Section 12?	Section 11
If a 16-year-old child is sent explicit sexual messages online, which Section provides punishment?	Section 12
The POCSO Act is gender?	Neutral
A school teacher shows sexually suggestive video clips to a 14-year-old. Which section punishes this act?	Section 12
The Dowry Prohibition Free One Liner Notes
CHAPTER III
USING CHILD FOR PORNOGRAPHIC PURPOSES AND PUNISHMENT THEREFOR
Which provision deal with “Use of child for pornographic purposes”?	Sec.13
Whoever, uses a child in any form of media (including programme or advertisement telecast by television channels or internet or any other electronic form or printed form, whether or not such programme or advertisement is intended for personal use or for distribution), for the purposes of sexual gratification.	shall be guilty of the offence of using a child for pornographic purposes. Domestic Violence Free One Liner Notes
Use of child for “pornographic purposes” includes? Probation Of Offender Free One Liner Notes	a. representation of the sexual organs of a child; b. usage of a child engaged in real or simulated sexual acts (with or without penetration); c. the indecent or obscene representation of a child
The expression ‘‘use a child’’ shall include involving a child through any medium like	print, electronic, computer or any other technology for preparation, production, offering, transmitting, publishing, facilitation and distribution of the pornographic material.
What is NOT included in the meaning of "use of child for pornographic purposes" under Section 13?	Use of child in educational videos on health
Which acts would attract Section 13 of the POCSO Act? Rajasthan Court Fees One Liner Notes	A. Filming a child in sexual acts B. Circulating child porn content on social media C. Downloading images of child in sexually explicit poses
What is the primary object of Section 13 of POCSO Act?	To safeguard children from sexual exploitation via media
What are the examples of a Section 13 violation? The Indian Contract - II Free One Liner Notes	A. A teacher filming a child undressing B. A person sharing a clip of minor in sexual act C. Using AI to generate child sexual images
Under Section 13, the word "uses" implies?	Any form of exploitation for pornography
Section 13 also covers "simulated sexual acts" involving children. This means?	Act is fake but appears real
A child is used to perform in a sexually suggestive video with adult actors. This is punishable under?	Section 13
Which provision deal with “Punishment for using child for pornographic purposes”?	Sec.14
Whoever uses a child or children for pornographic purposes shall be punished with imprisonment for a term which shall not be less than five years and shall also be liable to fine and	in the event of second or subsequent conviction with imprisonment for a term which shall not be less than seven years and also be liable to fine.
Whoever using a child or children for pornographic purposes commits an offence referred to in section 3 or section 5 or section 7 or section 9 by directly participating in such pornographic acts, shall be punished for the said offences also	under section 4, section 6, section 8 and section 10, respectively, in addition to the punishment provided in sub-section (1) of section 14
Which clause under Section 14 prescribes enhanced punishment if pornographic use of a child includes penetrative sexual assault (Sec. 3)?	Section 14(2)
Section 14 provides for?	Graded punishment depending on involvement of sexual assault
Which section must be read along with Section 14 to understand the offence of using a child for pornographic purposes?	Section 13
Which aggravates punishment under Section 14? The Indian Partnership Free One Liner Notes	A. Commercial purpose B. Repetition of offence C. Involvement of actual sexual assault
Which provision deal with “Punishment for storage of pornographic material involving child”?	Sec.15
Any person, who stores or possesses pornographic material in any form involving a child, but fails to delete or destroy or report the same to the designated authority, as may be prescribed, with an intention to share or transmit child pornography	shall be liable to fine not less than five thousand rupees and in the event of second or subsequent offence, with fine which shall not be less than ten thousand rupees.
Any person, who stores or possesses pornographic material in any form involving a child for transmitting or propagating or displaying or distributing in any manner at any time except for the purpose of reporting, as may be prescribed, or for use as evidence in court, shall be punished with imprisonment of either description which	may extend to three years, or with fine, or with both. Rajasthan Excise Free One Liner Notes
Any person, who stores or possesses pornographic material in any form involving a child for commercial purpose shall be punished on the first conviction with imprisonment of either description which	shall not be less than three years which may extend to five years, or with fine, or with both and in the event of second or subsequent conviction, with imprisonment of either description which shall not be less than five years which may extend to seven years and shall also be liable to fine.
Rajasthan Rent Control Free One Liner Notes
CHAPTER IV
ABETMENT OF AND ATTEMPT TO COMMIT AN OFFENCE
Which provision deal with “Abetment of an offence”?	Sec.16
When a person is said to abet an offence?	Who Instigates any person to do that offence
When a person is said to abet an offence?	Engages with one or more other person or persons in any conspiracy for the doing of that offence, if an act or illegal omission takes place in pursuance of that conspiracy, and in order to the doing of that offence
When a person is said to abet an offence?	Intentionally aids, by any act or illegal omission, the doing of that offence
A person who, by wilful misrepresentation, or by wilful concealment of a material fact, which he is bound to disclose, voluntarily causes or procures, or attempts to cause or procure a thing to be done	is said to instigate the doing of that offence.
Whoever, either prior to or at the time of commission of an act, does anything in order to facilitate the commission of that act, and thereby facilitates the commission thereof	is said to aid the doing of that act.
Whoever employ, harbours, receives or transports a child, by means of threat or use of force or other forms of coercion, abduction, fraud, deception, abuse of power or of a position, vulnerability or the giving or receiving of payments or benefits to achieve the consent of a person having control over another person, for the purpose of any offence under this Act	is said to aid the doing of that act. POCSO Free One Liner Notes
What are included under Section 16 of the POCSO Act, 2012, for abetment of an offence? TPA Free One Liner Notes	A. Instigation B. Conspiracy C. Intentional Aid
Under the POCSO Act, a person abets an offence if he intentionally aids another person to commit a sexual offence. This refers to —	Intentional Aid
Abetment under POCSO is punishable when —	Whether or not the offence is committed
The provision for abetment under the POCSO Act is inspired by?	Section 107 of IPC or section 45 of BNS
In the case of Ravi v. State of Maharashtra, 2021 SCC, what was held regarding abetment under Section 16 POCSO?	Instigation alone without proof of offence is punishable
In State of Kerala v. Unnikrishnan, the Kerala HC emphasized that abetment under POCSO?	Includes silent consent to crime
Which case clarified that abetment under Section 16 of POCSO does not require the offence to be completed?	Santhosh Kumar v. State of Kerala
X tells Y to entice a child to a secluded place, knowing that Z intends to sexually assault the child. Y does so. Who can be held liable for abetment?	X and Y
If a school teacher helps another staff member hide CCTV footage of sexual assault on a minor, he may be liable under?	Section 16 POCSO (Abetment)
A neighbour encourages a child to go to a person’s house where abuse occurs, knowing the person’s history. This act can be treated as?	Abetment under Section 16 POCSO
What is correct with respect to abetment under POCSO Act?	Covers psychological and non-physical facilitation of crime
What is the punishment for abetment under POCSO Act if the offence is committed as a result?	Same as principal offence
In the case X v. State (2023), the High Court ruled that a person who "merely stood guard outside the room" while the main offence took place can be convicted under?	Section 16 (Abetment) of POCSO
In a recent Delhi HC case, a person who facilitated accommodation and travel of a minor for commercial sexual exploitation was booked under?	Section 16 read with relevant POCSO offence
What is true about Section 16 POCSO Act?	Can be invoked even if main offence is attempted
What is the legal effect of Section 16 of POCSO read with Section 17?	Specific punishment provision for abetment
A hostel warden who remains silent despite knowing repeated abuse of minors can be charged under? Rajasthan Land Revenue Free One Liner Notes	A. Section 21 POCSO (Failure to report) B. Section 16 POCSO (Abetment)
Which provision deal with “Punishment for abetment”?	Sec.17
Whoever abets any offence under this Act, if the act abetted is committed in consequence of the abetment	shall be punished with punishment provided for that offence.
An act or offence is said to be committed in consequence of abetment, when it is committed in consequence of the instigation, or in pursuance of the conspiracy or with the aid,	which constitutes the abetment.
What is the punishment for abetment under Section 17 of the POCSO Act?	Same punishment as the offence abetted
Under Section 17, when can a person be punished for abetment of a POCSO offence?	When the offence is committed as a result of abetment
Section 17 POCSO applies when?	There is no specific provision for abetment in POCSO
Section 17 read with Section 16 of POCSO makes abettors punishable?	After commission only
In State of Maharashtra v. Ravikant S. Patil (2022), Bombay High Court held that?	Active participation is essential
Which case held that abettors are equally liable under POCSO even if they do not physically participate in the offence?	Santhosh Kumar v. State of Kerala
In Reena v. State of U.P., the Allahabad High Court emphasized that under Section 17?	Same punishment as main offender is to be given
A hostel warden helps cover up repeated sexual abuse by staff by intimidating witnesses. Under Section 17, what will be his punishment?	Same punishment as the offence committed
If a person abets an offence under POCSO and the offence is committed as a result, and no express provision exists for abetment, which section provides punishment?	Section 17
If the main offence is punishable with 10 years’ imprisonment, what is the punishment for the abettor under Section 17?	Same 10 years
A school principal encourages a teacher to take private tuitions with minors alone and later knows about abuse but takes no action. Under POCSO, he is liable?	Under Section 17 (Punishment for abetment)
What is a necessary condition under Section 17 for punishment?	Completion of offence as a result of abetment
Under Section 17 of POCSO Act, if a person abets but the offence is not committed, which section applies?	Only Section 16
What is a correct statement about Section 17 POCSO?	It punishes only where no express punishment is provided
What is correctly reflects judicial interpretation of Section 17?	Requires proof of causative link between abetment and offence
Which provision deal with “Punishment for attempt to commit an offence”?	Sec.18
Whoever attempts to commit any offence punishable under this Act or to cause such an offence to be committed, and in such attempt, does any act towards the commission of the offence, shall be punished with imprisonment of any description provided for the offence, for a term which may extend to	one half of the imprisonment for life or, as the case may be, one-half of the longest term of imprisonment provided for that offence or with fine or with both.
Which element is essential to invoke Section 18?	Act towards commission of the offence
Attempt under Section 18 POCSO Act is punishable when?	There is a step taken beyond preparation
Which is NOT covered under Section 18 of POCSO Act?	Attempt with no act done
In Kailash Chand v. State of Rajasthan (2018), the court held that for attempt under POCSO?	Physical act must go beyond preparation
Which case clarified the difference between 'preparation' and 'attempt' under POCSO?	Ajay v. State of M.P.
In State v. Vikas Bansal (2022), Delhi High Court held that?	Chatting with intent and arranging to meet may amount to attempt
A man lures a child into a secluded area intending to commit sexual assault but is caught before any act is done. Is he punishable under Section 18?	Yes, because he attempted an offence
An accused sends sexually explicit messages and asks a 12-year-old to meet him. The child refuses. Is this attempt under Section 18?	Yes
What would NOT constitute attempt under Section 18 POCSO?	Planning to commit an offence
If a person attempts to commit penetrative sexual assault (Section 4), punishment under Section 18 would be?	Half of the term under Section 4
What best defines ‘attempt’ as per judicial interpretation under Section 18 POCSO?	Doing any act with intent and capacity to commit an offence
Attempt under POCSO Act must be accompanied by?	Mens rea and actus reus
Can a person be punished under both IPC and POCSO for attempt?	Yes, if ingredients of both are fulfilled
If full offence is not committed but attempt is evident, which section applies?	Section 18
In State of Punjab v. Deepak (2020), the accused was convicted under Section 18 POCSO because?	He tried to undress a child but was stopped
Which is a valid defence against Section 18 charge?	Lack of actus reus
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CHAPTER V
PROCEDURE FOR REPORTING OF CASES
Which provision deal with “Reporting of offences”?	Sec.19
Any person (including the child), who has apprehension that an offence under this Act is likely to be committed or has knowledge that such an offence has been committed, he shall provide such information to	a. the Special Juvenile Police Unit; or b. the local police.
Every report given shall be? Free One Liner Notes	a. ascribed an entry number and recorded in writing; b. be read over to the informant; c. shall be entered in a book to be kept by the Police Unit
Where the report is given by a child, the same shall be	recorded in a simple language so that the child understands contents being recorded.
In case contents are being recorded in the language not understood by the child or wherever it is deemed necessary, a translator or an interpreter	having such qualifications, experience and on payment of such fees as may be prescribed, shall be provided to the child if he fails to understand the same.
Where the Special Juvenile Police Unit or local police is satisfied that the child against whom an offence has been committed is in need of care and protection, then, it shall, after recording the reasons in writing	make immediate arrangement to give him such care and protection including admitting the child into shelter home or to the nearest hospital within twenty-four hours of the report, as may be prescribed.
The Special Juvenile Police Unit or local police shall, without unnecessary delay but within a period of twenty-four hours, report the matter to the Child Welfare Committee and the Special Court	or where no Special Court has been designated, to the Court of Session, including need of the child for care and protection and steps taken in this regard.
No person shall incur any liability, whether civil or criminal	for giving the information in good faith.
Under Section 19, a person who has knowledge of a sexual offence against a child must report it to?	Local police or Special Juvenile Police Unit
As per Section 19(2), the report must be?	Recorded in writing with an entry number and read over to the informant
If a child makes a report under Section 19, the statement must be?	Recorded in simple language the child understands
According to Section 19(6), the police must report the offence to the Child Welfare Committee within?	24 hours
Failure to report an offence under Section 19 is punishable under which section?	Section 21
As per Section 19(7), if a child is found without parental support, police must produce the child before?	Child Welfare Committee
In State of Maharashtra v. Dr. Maroti, the Supreme Court stressed that non-reporting of child sexual offences is?	A serious crime
The person required to report under Section 19 includes?	Any person with knowledge of the offence
What must accompany the police's record of a reported offence under Section 19?	Entry in a prescribed book
In XXX v. State of Kerala, the court held that a one-day delay in reporting?	May not attract liability under Section 21
The Karnataka High Court (2024) held that a gynecologist not reporting a minor’s pregnancy was?	Liable for non-reporting under Section 19
Under Section 19, if someone reports an offence that is later found to be false and malicious, they may be punished under?	Section 22
Which provision deal with “Obligation of media, studio and photographic facilities to report cases”?	Sec.20
Any personnel of the media or hotel or lodge or hospital or club or studio or photographic facilities, by whatever name called, irrespective of the number of persons employed therein, shall, on coming across any material or object which is sexually exploitative of the child (including pornographic, sexually-related or making obscene representation of a child or children) through the use of any medium	shall provide such information to the Special Juvenile Police Unit, or to the local police, as the case may be. Free Detailed Notes
Under Section 20 of the POCSO Act, personnel of whom are obligated to report cases of child sexual exploitation?	Media, Studio, Photographic facilities
The obligation to report under Section 20 applies to personnel irrespective of?	The number of persons employed
Section 20 mandates reporting of material or objects that are sexually exploitative of a child, including?	Pornographic material, Sexually-related content, Obscene representations of a child
The personnel obligated under Section 20 must report such material to?	The Special Juvenile Police Unit, The local police
Failure to report under Section 20 is punishable under which section of the POCSO Act?	Section 21
The obligation to report under Section 20 is intended to? Free Mock Tests	Protect the identity of the child, Prevent the dissemination of exploitative material, Ensure timely intervention by authorities
Which provision deal with “Punishment for failure to report or record a case”?	Sec.21
Any person, who fails to report the commission of an offence under sub-section (1) of section 19 or section 20 or who fails to record such offence under sub-section (2) of section 19 shall be punished with.	imprisonment of either description which may extend to six months or with fine or with both
Any person, being in-charge of any company or an institution (by whatever name called) who fails to report the commission of an offence under sub-section (1) of section 19 in respect of a subordinate under his control	shall be punished with imprisonment for a term which may extend to one year and with fine.
Under Section 21 of the POCSO Act, who is obligated to report a case of child sexual abuse?	Any person who has knowledge of the offence
Failure to report or record a case under Section 21 is punishable with imprisonment for a term which may extend to?	6 months
If the person failing to report is in charge of a company or institution, the punishment may extend to?	1 year imprisonment
The Supreme Court in POCSO: Non-Reporting of Sexual Assault Against Minor Child Is Serious Crime emphasized that non-reporting of sexual assault against a minor is?	A serious crime
In the case of Sheela v. State of Kerala, the Kerala High Court held that mere failure to report a POCSO offence constitutes?	An offence under Section 21
Section 21 of the POCSO Act applies to?	Any person, including those in charge of institutions
In the case of Rupi Babbar v. State NCT of Delhi, the Delhi High Court quashed charges against a mother accused of failing to report her daughter's sexual assault, stating that?	The delay was justified
In the Muzaffarpur shelter case, the accused were convicted under Section 21 for failing to report the commission of an offence, highlighting the importance of?	Institutional responsibility
Section 21 of the POCSO Act mandates that any person failing to report or record a case of child sexual abuse is liable for?	Criminal prosecution
Which provision deal with “Punishment for false complaint or false information”?	Sec.22
Any person, who makes false complaint or provides false information against any person, in respect of an offence committed under sections 3, 5, 7 and section 9, solely with the intention to humiliate, extort or threaten or defame him	shall be punished with imprisonment for a term which may extend to six months or with fine or with both.
Where a false complaint has been made or false information has been provided by a child	no punishment shall be imposed on such child.
Whoever, not being a child, makes a false complaint or provides false information against a child, knowing it to be false, thereby victimizing such child in any of the offences under this Act	shall be punished with imprisonment, which may extend to one year or with fine or with both.
In the case of Law shields minors for giving false info, court lets off girls, the Delhi court acquitted the father of two minor girls who had lodged a false rape case against him, citing?	Section 22(2) of the POCSO Act
The primary objective of Section 22 of the POCSO Act is to?	Prevent misuse of the legal process
Which provision deal with “Procedure for media”?	Sec.23
No person shall make any report or present comments on any child from any form of media or studio or photographic facilities without having complete and authentic information.	which may have the effect of lowering his reputation or infringing upon his privacy.
No reports in any media shall disclose?	the identity of a child including his name, address, photograph, family details, school, neighbourhood or any other particulars which may lead to disclosure of identity of the child.
The Special Court, competent to try the case under the Act For reasons to be recorded in writing may permit such disclosure, if in its opinion such	disclosure is in the interest of the child.
The publisher or owner of the media or studio or photographic facilities shall be	jointly and severally liable for the acts and omissions of his employee.
Any person who contravenes the provisions of sub-section (1) or sub-section (2) of section 23 shall be liable to be punished with imprisonment of either description for a period which	shall not be less than six months but which may extend to one year or with fine or with both.
Under Section 23(2) of the POCSO Act, when can the identity of a child victim be disclosed?	With the express permission of the Special Court
Section 23 of the POCSO Act applies to?	All forms of media, including print, electronic, and social media
According to the Supreme Court in Nipun Saxena v. Union of India (2019), media personnel who disclose a child's identity without permission are:	Jointly and severally liable with their employer
Under Section 23(3), who is held jointly and severally liable for the acts or omissions of their employees regarding disclosure of a child's identity?	The publisher or owner of the media, studio, or photographic facilities
Section 23 of the POCSO Act aims to protect?	The identity and privacy of the child victim
In the case of Bijoy v. State of West Bengal, the court emphasized that?	The identity of the victim can only be disclosed with the express permission of the Special Court
The primary objective of Section 23 is to?	Protect the identity and privacy of the child victim
In the case of Shri Eric Ranee & Ors. v. State of Meghalaya & Anr., the court held that the intention of Section 23 is to?	Protect the identity and reputation of the child
Judiciary Syllabus
CHAPTER VI
PROCEDURES FOR RECORDING STATEMENT OF THE CHILD
Which provision deal with “Recording of statement of a child”?	Sec.24
The statement of the child shall be recorded at the residence of the child or at a place where he usually resides or at the place of his choice and as far as practicable	by a woman police officer not below the rank of sub-inspector.
The police officer while recording the statement of the child	shall not be in uniform.
The police officer making the investigation, shall, while examining the child	ensure that at no point of time the child come in the contact in any way with the accused.
No child shall be detained in the police station	in the night for any reason.
The police officer shall ensure that the identity of the child is protected from the public media	unless otherwise directed by the Special Court in the interest of the child.
Under Section 24 of the POCSO Act, the statement of a child victim should be recorded by?	A female police officer not below the rank of Sub-Inspector
Where the statement of a child victim be recorded, as per Section 24 of the POCSO Act?	At the child's residence or a place of the child's choice
In the case of Court on its own motion v. State, the Delhi High Court held that statements recorded by NGOs or private counsellors are?	Not valid under the POCSO Act
Section 24 of the POCSO Act mandates that the statement of the child be recorded?	In the presence of the child's parents or a person the child trusts
The Delhi High Court, in Court on its own motion v. State, emphasized that the presence of a counsellor during the recording of a child's statement is?	Not permitted
Section 24 of the POCSO Act specifies that the statement of the child should be recorded?	As soon as possible after the incident
Which provision deal with “Recording of statement of a child by Magistrate”?	Sec.25
If the statement of the child is being recorded under section 164 of the Code of Criminal Procedure, 1973 or sec 183 of BHARATIYA NAGARIK SURAKSHA SANHITA, 2023	the Magistrate recording such statement shall, notwithstanding anything contained therein, record the statement as spoken by the child
The Magistrate shall provide to the child and his parents or his representative?	a copy of the document specified under section 207 of the Code, or 230 of BNSS upon the final report being filed by the police under section 173 of that Code or sec 193 of BNSS
Under Section 25 of the POCSO Act, 2012, the statement of a child is recorded by?	A Magistrate
As per Section 25(1) of the POCSO Act, 2012, the Magistrate recording the statement of a child shall?	Record the statement as spoken by the child
In the case of Thounaojam Tejkumar Singh v. State of Manipur, the court emphasized that the statement of a child should be recorded:	As spoken by the child
Section 25 of the POCSO Act, 2012, mandates that the statement of a child be recorded?	In a child-friendly environment
The provision in Section 25 of the POCSO Act, 2012, that excludes the presence of the accused's advocate during the recording of a child's statement is intended to?	Protect the child's privacy
Which provision deal with “Additional provisions regarding statement to be recorded”?	Sec.26
The Magistrate or the police officer, as the case may be, shall record the statement as spoken by the child	in the presence of the parents of the child or any other person in whom the child has trust or confidence.
Wherever necessary, the Magistrate or the police officer, as the case may be, may take the assistance of a translator or an interpreter	having such qualifications, experience and on payment of such fees as may be prescribed, while recording the statement of the child.
The Magistrate or the police officer, as the case may be, may, in the case of a child having a mental or physical disability, seek the assistance of a special educator or any person familiar with the manner of communication of the child or an expert in that field	having such qualifications, experience and on payment of such fees as may be prescribed, to record the statement of the child.
Wherever possible, the Magistrate or the police officer, as the case may be	shall ensure that the statement of the child is also recorded by audio-video electronic means.
Section 26(4) of the POCSO Act, 2012, mandates that the child's statement be recorded by audio-video electronic means?	Wherever possible
Section 26(1) of the POCSO Act, 2012, allows the presence of the child's parents or any other person in whom the child has trust or confidence during the recording of the statement. This provision aims to:	Ensure the child's comfort
According to Section 26(2) of the POCSO Act, 2012, the translator or interpreter assisting in recording the child's statement must have?	Prescribed qualifications and experience
The assistance of a special educator or expert in the field, as per Section 26(3) of the POCSO Act, 2012, is sought when?	The child has a mental or physical disability
In the case of Navin Dhaniram Baraiye v. State of Maharashtra, the court observed that recording a child's statement by audio-video means is?	Advisable wherever possible
Section 26 of the POCSO Act, 2012, applies to?	Only cases involving children
The provision in Section 26(4) of the POCSO Act, 2012, that the child's statement should be recorded by audio-video electronic means ensures?	Accuracy of the statement
Section 26 of the POCSO Act, 2012, enables the Magistrate or police officer to take assistance from a translator or interpreter when?	The child speaks a different language
The role of a special educator or expert in the field, as per Section 26(3) of the POCSO Act, 2012, is to?	Assist in communicating with the child
Which provision deal with “Medical examination of a child”?	Sec.27
The medical examination of a child in respect of whom any offence has been committed under this Act, shall, notwithstanding that a First Information Report or complaint has not been registered for the offences under this Act, be conducted in accordance with	section 164A of the Code of Criminal Procedure, 1973 or sec 184 of bharatiya nagarik suraksha sanhita, 2023
In case the victim is a girl child, the medical examination shall be	conducted by a woman doctor.
The medical examination shall be conducted	in the presence of the parent of the child or any other person in whom the child reposes trust or confidence.
Where, in case the parent of the child or other person cannot be present, for any reason, during the medical examination of the child	the medical examination shall be conducted in the presence of a woman nominated by the head of the medical institution.
Under Section 27 of the POCSO Act, who is authorized to conduct the medical examination of a child?	A registered medical practitioner preferably a woman doctor
According to Section 27, the medical examination of the child should be conducted?	At a hospital or medical facility
Section 27 mandates that the medical examination of the child should be conducted?	With minimum trauma and respect for the child's privacy and dignity
The Supreme Court, in the case of State of Punjab v. Gurmit Singh, laid down guidelines about?	Medical examination of sexual offence victims to ensure dignity and privacy
Under Section 27, the medical examination of a child must be done?	By a registered medical practitioner preferably a female doctor
The Delhi High Court, in Sakshi v. Union of India, emphasized that medical examination of a child should be?	Conducted with care to protect the child's dignity and privacy
If a female medical practitioner is not available for examining a girl child under Section 27, the examination can be?	Conducted by a male doctor with the presence of a female attendant
The medical examination under Section 27 of POCSO is conducted to?	Collect forensic evidence and assess injuries or sexual assault
The Supreme Court in Lillu @ Rajesh v. State of Haryana held that the medical examination of a child victim must be?	Done promptly to avoid loss of evidence
Under Section 27, if the child is a girl, the medical examination shall preferably be conducted by?	A female doctor
Section 27 ensures that the medical examination of the child?	Is done in a manner that respects the child's physical and mental well-being
The National Commission for Protection of Child Rights (NCPCR) has recommended?	That child-friendly medical examination protocols be adopted under POCSO
According to Section 27 of the POCSO Act, the medical report is?	Confidential and protected from public disclosure
In the case of Krishna Mohan Singh v. State of Uttar Pradesh, the court held that medical examination must?	Be conducted immediately after complaint to preserve evidence
The primary objective of medical examination under Section 27 of the POCSO Act is to?	Ascertain the health and injuries of the child and preserve forensic evidence
Judiciary PYQs
CHAPTER VII
SPECIAL COURT
Which section deal with “Designation of Special Courts”?	Sec.28
For the purposes of providing a speedy trial, the State Government shall in consultation with the Chief Justice of the High Court, by notification in the Official Gazette	designate for each district, a Court of Session to be a Special Court to try the offences under the Act.
if a Court of Session is notified as a children’s court under the Commissions for Protection of Child Rights Act, 2005 (4 of 2006) or a Special Court designated for similar purposes under any other law for the time being in force.	then, such court shall be deemed to be a Special Court.
While trying an offence under this Act, a Special Court shall also try an offence other than the offence referred to in sub-section (1) with which the accused may	under the Code of Criminal Procedure, 1973 (2 of 1974) be charged at the same trial.
The Special Court constituted under this Act, notwithstanding anything in the Information Technology Act, 2000 (21 of 2000) shall have jurisdiction to try offences under section 67B of that Act in so far as it relates to	publication or transmission of sexually explicit material depicting children in any act, or conduct or manner or facilitates abuse of children online.
According to Section 28, Special Courts designated for POCSO cases are to be?	Sessions courts
The objective behind designating Special Courts under Section 28 is to?	Speedy trial of offences against children
The Supreme Court, in State of Punjab v. Gurmit Singh, emphasized the need for?	Separate special courts for speedy trial under POCSO Act
The speedier disposal of cases under POCSO Act through Special Courts is intended to?	Provide justice to the child victim at the earliest
According to Section 28, the State Government is responsible for?	Designating Special Courts for the trial of offences under POCSO Act
The Special Courts under Section 28 have jurisdiction to?	Try only offences under POCSO Act
The Delhi High Court in DLSA v. Union of India observed that Special Courts under POCSO Act should?	Be child-friendly and sensitive in nature
Section 28 empowers Special Courts to?	Follow the procedure prescribed in the Code of Criminal Procedure
The Supreme Court in Re: Exploitation of Children in Orphanages in the State of Tamil Nadu directed?	Constitution of Special Courts for speedy trial under POCSO Act
In the context of Section 28, “Special Court” means?	Any court designated by the State Government as Sessions Court to try POCSO cases
What is NOT a duty of the Special Court under Section 28?	Investigation of the offence
The Karnataka High Court in State v. XYZ held that Special Courts?	Must have specially trained judges for POCSO cases
The Special Court under Section 28 has the power to?	Pass interim protection orders to safeguard the child victim
Which provision deal with “Presumption as to certain offences”?	Sec.29
Where a person is prosecuted for committing or abetting or attempting to commit any offence under sections 3, 5, 7 and section 9 of this Act.	the Special Court shall presume, that such person has committed or abetted or attempted to commit the offence, as the case may be unless the contrary is proved.
The presumption under Section 29 of the POCSO Act is?	Rebuttable, requiring the accused to prove the contrary
In the case of Deelip Tatoba Raje v. State of Maharashtra, the Bombay High Court held that the presumption under Section 29 of the POCSO Act operates only when?	The prosecution proves foundational facts beyond reasonable doubt
According to the Delhi High Court in Veerapal Titu v. State, the presumption under Section 29 of the POCSO Act can be rebutted by	Discrediting the prosecution's witnesses, presenting evidence of the accused's innocence, Demonstrating improbability of the prosecution's version
The presumption under Section 29 of the POCSO Act does not discharge the prosecution from:	Proving the foundational facts beyond reasonable doubt
In the case of Joubansen Tripura v. State of Tripura, the High Court held that convicting an accused solely based on the presumption under Section 29 would violate?	Article 20(3) and Article 21 of the Constitution
The statutory presumption under Section 29 of the POCSO Act cannot be applied if the prosecution fails to establish:	The foundational facts constituting the offence
According to the Kerala High Court, the presumption under Section 29 of the POCSO Act does not affect the prosecution's obligation to:	Prove the essential and foundational facts through admissible evidence
The presumption under Section 29 of the POCSO Act applies to which offences?	Sexual assault under Section 7, Aggravated sexual assault under Section 9, Penetrative sexual assault under Section 3
In the case of Subrata Biswas v. State, the Calcutta High Court observed that the statutory presumption under Section 29 of the POCSO Act cannot be applied when?	The prosecution fails to establish primary facts constituting the offence
Which provision deal with “Presumption of culpable mental state”?	Sec.30
In any prosecution for any offence under this Act which requires a culpable mental state on the part of the accused?	The Special Court shall presume the existence of such mental state.
Who has a burden of proof the fact that he had no such mental state with respect to the act charged as an offence in that prosecution?	the accused
For the purposes of this section, a fact is said to be proved only when the Special Court believes it to exist?	beyond reasonable doubt and not merely when its existence is established by a preponderance of probability
What does “Culpable mental state” includes?	Intention, motive, knowledge of a fact and the belief in, or reason to believe, a fact.
Section 30 of the POCSO Act, 2012, pertains to the presumption of?	Culpable mental state
Under Section 30(1) of the POCSO Act, in any prosecution for an offence that requires a culpable mental state, the Special Court shall presume the existence of such mental state. This presumption is?	Rebuttable
The term 'culpable mental state' under Section 30 includes?	Intention, Motive, Knowledge of a fact
In the case of Tanam Limboo v. State of Sikkim, the Sikkim High Court upheld the conviction under Section 4 of the POCSO Act, emphasizing that the appellant failed to rebut the presumption of?	Culpable mental state
Section 30(2) of the POCSO Act states that a fact is said to be proved only when the Special Court believes it to exist beyond reasonable doubt. This means the accused must?	Prove the fact beyond reasonable doubt
In the case of Lakpa Dorjee Tamang v. State of Sikkim, the High Court observed that the appellant failed to rebut the presumption of culpable mental state, leading to the dismissal of the appeal. The court emphasized that?	The presumption is rebuttable
In the case of Joubansen Tripura v. State of Tripura, the High Court held that convicting an accused solely based on the presumption under Section 30 would violate?	Article 20(3) and Article 21 of the Constitution
The presumption under Section 30 of the POCSO Act applies during?	Investigation stage, Bail proceedings, Trial proceedings
In the case of Anju Bala v. State of Himachal Pradesh, the Himachal Pradesh High Court observed that any act of touching a child triggers a presumption of sexual intent under Section 30, shifting the burden onto the accused to?	Prove lack of sexual intent
The presumption under Section 30 of the POCSO Act applies to offences that require a culpable mental state, such as?	Sexual assault under Section 7, Aggravated sexual assault under Section 9, Penetrative sexual assault under Section 3
In the case of State of Maharashtra v. Gopal, the court discussed the presumption under Section 30, stating that the accused has the right to?	Rebut the presumption of culpable mental state
The presumption under Section 30 of the POCSO Act is rebuttable, meaning the accused can?	Present evidence to prove lack of culpable mental state
In the case of Just Rights for Children Alliance & Anr. v. S. Harish & Ors., the Supreme Court clarified that the statutory presumption under Section 30 of the POCSO Act can be applied by High Courts while?	Quashing criminal proceedings
Which provision deal with “Application of Code of Criminal Procedure, 1973 to proceedings before a Special Court”?	Sec.31
Section 31 of the POCSO Act, 2012, provides that the provisions of the Code of Criminal Procedure, 1973 (CrPC) or the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 shall apply to proceedings before a Special Court, except as otherwise provided in the Act. This means that?	The CrPC or BNSS is applicable to all proceedings before a Special Court Free MCQs
Under Section 31 of the POCSO Act, 2012, for the purposes of the CrPC or BNSS a Special Court shall be deemed to be?	A Court of Sessions
According to Section 31 of the POCSO Act, 2012, the person conducting a prosecution before a Special Court shall be deemed to be a?	Public Prosecutor
In the case of Pratap Pramanick and Others vs. The State of West Bengal and Another, the Calcutta High Court held that?	A Special Court under the POCSO Act is deemed to be a Court of Sessions for the purposes of the CrPC
Section 31 of the POCSO Act, 2012, applies the provisions of the CrPC to proceedings before a Special Court, including provisions related to?	Bail and bonds, Arrest and detention, Search and seizure
In the case of Ravi and 2 Others vs. State of U.P. and 2 Others, the Allahabad High Court observed that?	The provisions of the CrPC apply to proceedings under the POCSO Act, as per Section 31
Section 31 of the POCSO Act, 2012, ensures that the procedural safeguards provided under the CrPC, such as the right to bail, are available to accused persons in proceedings before a Special Court. This reflects a commitment to?	Protecting the rights of the accused Medical Termination Of Pregnancy Act Free Detailed Notes
Which provision deal with “Special Public Prosecutors”?	Sec.32
Under Section 32(1) of the POCSO Act, 2012, who is required to appoint a Special Public Prosecutor for every Special Court to conduct cases under the provisions of the Act?	The State Government
Section 32(2) of the POCSO Act, 2012, specifies that a person shall not be appointed as a Special Public Prosecutor unless they have at least?	7 years of practice as an advocate
Every person appointed as a Special Public Prosecutor under this section shall be deemed to be a Public Prosecutor? Hindu Marriage Act Free Detailed Notes	Within the clause (u) of section 2 of the Code of Criminal Procedure, 1973 or Section 2(1)(v) of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023
In the case of Srinivasa Gowda vs State of Karnataka (2024), the Karnataka High Court emphasized that the State Government must appoint Special Public Prosecutors exclusively for POCSO cases, and such prosecutors should not handle cases under other laws. This underscores the importance of?	Specialization in handling child sexual abuse cases Bare Acts
In the case of State of Kerala v. Saju George (2016), the Kerala High Court held that the appointment of Special Public Prosecutors under the POCSO Act must be in accordance with the provisions of the Act and the Code of Criminal Procedure. The Court emphasized that?	Special Public Prosecutors under the POCSO Act should not handle cases under other laws CPC Act Free Detailed Notes
Constitution Free Detailed Notes
CHAPTER VIII
PROCEDURE AND POWERS OF SPECIAL COURTS AND RECORDING OF EVIDENCE
Which provision deal with “Procedure and powers of Special Court”?	Sec.33
Under Section 33(1) of the POCSO Act, 2012, A Special Court may take cognizance of any offence, without the accused being committed to it for trial	upon receiving a complaint of facts which constitute such offence, or upon a police report of such facts
Section 33(2) of the POCSO Act mandates that the Special Public Prosecutor, or as the case may be, the counsel appearing for the accused shall, while recording the examination-in-chief, cross-examination or re-examination of the child	communicate the questions to be put to the child to the Special Court which shall in turn put those questions to the child
According to Section 33(3) of the POCSO Act, a Special Court may permit frequent breaks during the trial if?	The child appears tired or distressed
Section 33(4) of the POCSO Act allows the presence of a family member, guardian, friend, or relative in the court during the child's testimony to?	Provide emotional support to the child, Ensure the child is not intimidated
Under Section 33(5) of the POCSO Act, the Special Court shall ensure that the child is not?	Repeatedly called to testify
In the case of Madhab Chandra Pradhan v. State of Odisha (2024), the Supreme Court held that?	The Special Court must ensure the child is not repeatedly called to testify
Section 33(6) of the POCSO Act, the Special Court shall not permit aggressive questioning or character assassination of the child and	ensure that dignity of the child is maintained at all times during the trial.
Section 33(7) of the POCSO Act prohibits the disclosure of the child's identity during the investigation or trial, including:	The child's name, the child's school, the child's family details
In exceptional cases, the Special Court may permit by reasons to be recorded in writing the disclosure of the child's identity if:	It is in the interest of the child
Section 33(8) of the POCSO Act allows the Special Court to direct payment of compensation to the child for:	Physical trauma, Mental trauma, Immediate rehabilitation
Under Section 33(9) of the POCSO Act, the Special Court has the powers of a:	Court of Session
In the case of Ravi and Others v. State of U.P. (2021), the Allahabad High Court held that:	The Special Court must follow the procedure specified in the CrPC
In the case of Nipun Saxena v. Union of India (2019), the Supreme Court held that?	The provisions of the POCSO Act are in addition to the CrPC
In the case of Pidika Sambaru v. State of Odisha (2022), the Orissa High Court held that?	The right of the accused to recall witnesses under Section 311 CrPC cannot be denied solely due to Section 33(5) of the POCSO Act
Which provision deal with “Procedure in case of commission of offence by child and determination of age by Special Court”?	Sec.34
Under Section 34(1) of the POCSO Act, 2012, if a child commits an offence under this Act, the child shall be dealt with under the provisions of:	The Juvenile Justice (Care and Protection of Children) Act, 2015
According to Section 34(2) of the POCSO Act, 2012, if a question arises whether a person is a child or not, the Special Court shall determine the age of the person?	Record its reasons for the determination
Section 34(3) of the POCSO Act, 2012, states that no order made by the Special Court shall be deemed invalid merely by?	A subsequent proof that the person was not a child
In the case of Abhishek Kumar @ Nanhka vs The State of Bihar (2022), the Patna High Court held that?	The Special Court must determine the age and record reasons for its determination
According to the Juvenile Justice (Care and Protection of Children) Act, 2015, the first preference for age determination is given to?	Date of birth certificate from the school
In the case of Monish vs State of U.P. (2023), the Allahabad High Court held that?	The Special Court must determine the age by seeking evidence
If the date of birth certificate from the school is not available, the next preference for age determination is?	Birth certificate issued by a municipal authority
In the case of Satyabrat Ashok @ Satya Vrat Ashok vs The State of Bihar (2024) and Deo Narayan Yadav @ Bhulla Yadav vs The State of Bihar (2024) the Patna High Court held that?	The procedures for age determination under the Juvenile Justice Act apply to both child offenders and child victims
In the case of Court on Its Own Motion vs State of NCT Of Delhi (2024), the Delhi High Court emphasized that?	The Special Court must determine the age if a question arises
Which provision deal with “Period for recording of evidence of child and disposal of case”?	Sec.35
The evidence of the child shall be recorded within a period of how many days of the Special Court taking cognizance of the offence?	Thirty days
The Special Court shall complete the trial, as far as possible, within a period of?	one year from the date of taking cognizance of the offence.
What is the purpose behind the strict timeline in Section 35?	To minimize trauma to the child
Which court is empowered under Section 35 to record child’s evidence and dispose of the case?	Special Court
In which case did the court hold that non-compliance with Section 35 does not result in default bail?	Hanumantha Mogaveera v. State of Karnataka
The term “as far as possible” in Section 35 implies that?	The time limit is non-mandatory but directory
In the case of Shubham Vilas Tayade v. State of Maharashtra, what was observed regarding delay in recording child’s evidence?	Delay is acceptable if justified
Under Section 35, when timelines are not met, the court must?	Record reasons for the delay
What does Section 35 aim to promote in judicial process?	Child-friendly and speedy justice
Under which authority does the Special Court derive power to take cognizance of POCSO cases?	Section 35 of POCSO Act
What is the consequence of the Special Court not recording reasons for delay beyond the timeline?	Irregularity, not illegality
In Alakh Alok Srivastava v. Union of India, the Supreme Court directed:	POCSO courts to try cases within 1 year
The expression “shall record the reasons for delay” under Section 35 implies?	It is a mandatory procedural safeguard
What is the legal nature of the time limit under Section 35?	Directory with discretion for delay
Which provision deal with “Child not to see accused at the time of testifying”?	Sec.36
What is the main purpose of Section 36 of the POCSO Act, 2012?	To prevent child from seeing the accused to avoid trauma
The Special Court shall ensure that?	the child is not exposed in any way to the accused at the time of recording of the evidence
The Special Court may record the statement of a child through?	Video conferencing or by utilising single visibility mirrors or curtains or any other device.
Under Section 36, what measure is mandated regarding the presence of the accused during the child’s testimony?	The accused must be present but not be seen by the child
Which methods can be used to prevent the child from seeing the accused during testimony under Section 36?	Use of screens or curtains, Testimony recorded through video conferencing, Closed courtroom with limited access
In the landmark case of State of Rajasthan v. Om Prakash, what did the Supreme Court hold regarding Section 36?	It is imperative to protect the child from trauma by shielding the accused
How does Section 36 balance the accused’s right to a fair trial and the child’s protection?	By ensuring accused is present but not visible to the child
What was emphasized in In Re: Protection of Children from Sexual Offences (2013) regarding Section 36?	The child’s testimony should be recorded in an environment free from intimidation
If the accused is not visible to the child during testimony, can the accused cross-examine the child? The Indian Contract Act Free Detailed Notes	Yes, through legal counsel BNS Act Free Detailed Notes
What is a correct method to implement Section 36?	Testimony through video-link with accused in a separate room, Physical separation by a screen in the courtroom
What is the effect of violating Section 36 during trial?	Grounds for appeal citing child’s trauma and unfair procedure
Which authority is responsible for ensuring compliance with Section 36?	Special Court Judge
According to judicial precedents, why is Section 36 crucial in child sexual offence cases?	Because children may turn hostile if forced to see accused
In State of Karnataka v. Puttaswamy, the court held that testimony must be recorded:	Through Section 36 safeguards to prevent trauma
Can Section 36 provisions be waived off if the child insists on seeing the accused?	No, child’s protection takes precedence
The POCSO Act and Section 36 uphold which fundamental right of the child?	Right to privacy and protection from trauma
Which provision deal with “Trials to be conducted in camera”?	Sec.37
What does Section 37 of the POCSO Act, 2012 require regarding the trial?	The trial shall be conducted in camera (private)
The term “in camera” means?	Trial is conducted privately without public or press
The Special Court shall try cases in camera and in the presence of?	the parents of the child or any other person in whom the child has trust or confidence
What will happen where the Special Court is of the opinion that the child needs to be examined at a place other than the court? Limited Act Free Detailed Notes	it shall proceed to issue a commission in accordance with the provisions of section 284 of the Code of Criminal Procedure, 1973 or Section 319 in Bharatiya Nagarik Suraksha Sanhita, 2023
What is the primary reason for conducting trials in camera under Section 37?	To protect the identity and privacy of the child victim
Which case emphasized the importance of in-camera trials under Section 37 for protecting children’s dignity?	Sakshi v. Union of India
In the context of Section 37, who is generally excluded from the courtroom during the trial?	Public and media
Can the media be allowed inside the courtroom during the trial under Section 37?	Only with special permission of the court
Which constitutional right is primarily safeguarded by Section 37’s mandate of in-camera trials?	Right to privacy and dignity of the child
In Sakshi v. Union of India, the Supreme Court held that the violation of Section 37 would?	Violate child’s fundamental rights and may vitiate trial
What powers does the Special Court have under Section 37 regarding controlling access to the courtroom?	Can exclude media and public completely, can allow limited access with conditions
Section 37’s in-camera trial provision applies to?	Trials under the POCSO Act only
What is the impact of holding a trial in violation of Section 37 in-camera mandate?	The proceedings may be challenged and set aside
In M.C. Mehta v. Union of India, the Supreme Court stressed the need for?	Protection of child victims’ identity through in-camera trials
What is the role of media during a trial conducted under Section 37?	Restricted from publishing identity of child victims
Section 37 safeguards which aspect of the child’s right?	Right to privacy and dignity
Can any person file a complaint if Section 37 provisions are violated during trial?	Yes, through Public Interest Litigation (PIL)
Which provision deal with “Assistance of an interpreter or expert while recording evidence of child”?	Sec.38
What does Section 38 of the POCSO Act primarily provide for?	Assistance of an interpreter, translator, or expert to the child during evidence
The interpreter or expert under Section 38 must be?	Appointed by the Special Court
What is the primary purpose of appointing an interpreter or expert under Section 38?	To facilitate communication and comprehension for the child
Which type of professionals can be appointed under Section 38?	Sign language interpreter, Child psychologist, Speech therapist
In which case did the court stress the importance of using child psychologists and interpreters to assist children during testimony?	Sakshi v. Union of India
The appointment of an interpreter or expert is especially important when the child is?	Physically or mentally challenged or has special needs
Who bears the cost of providing an interpreter or expert under Section 38?	The State Government
In the case of Bijoy v. State of West Bengal, what was emphasized regarding testimony of a deaf child?	The court must appoint a sign language expert
Under Section 38, the assistance must be?	Provided during the recording of evidence or statement
Failure to appoint an expert or interpreter when required may result in?	Appeal on grounds of procedural lapse
In Rajendra v. State of Maharashtra, what did the Bombay High Court say about procedural safeguards for children?	They are mandatory for ensuring fair trial
Can the interpreter under Section 38 be cross-examined?	Yes, if his interpretation is in dispute
Under Section 38, if the child is from a linguistic minority, what should the court do?	Provide an interpreter in the child's language
Section 38 is in furtherance of which broader objective of the POCSO Act?	To ensure child-friendly trial procedures
TPA Act Free Detailed Notes
CHAPTER IX
MISCELLANEOUS
Which provision deal with “Guidelines for child to take assistance of experts, etc.”?	Sec 39
What is the core objective of Section 39 of the POCSO Act?	To provide guidelines for child assistance through experts, psychologists, etc.
Section 39 empowers which body to frame guidelines for the assistance of the child?	National Commission for Protection of Child Rights (NCPCR) and State Commissions
The guidelines under Section 39 aim to ensure?	Proper and sensitive handling of the child by the police and judicial system
Section 39 includes provisions for?	Sensitization training of officials
Which professionals are referred to under Section 39?	non-governmental organisations, professionals and experts or persons having knowledge of psychology, social work, physical health, mental health and child development
What is the role of the experts under Section 39?	To support and assist the child during investigation and trial
The State Government shall prepare guidelines for use of non-governmental organisations, professionals and experts to be associated with?	the pre-trial and trial stage to assist the child
In which case did the Supreme Court underscore the need for child-sensitive procedures in line with Section 39?	Sakshi v. Union of India
What role does NCPCR play under Section 39?	Framing child-friendly guidelines
As per judicial observations, why is expert assistance under Section 39 necessary?	To minimize secondary victimization of the child
What is one key requirement under the guidelines framed as per Section 39?	Presence of a trusted adult or psychologist during proceedings
In Minor through Guardian v. State of Maharashtra, the Bombay High Court emphasized that?	Police officers must receive trauma-informed training
Can the assistance provided under Section 39 be refused to the child?	No, it must be offered regardless of age
The guidelines under Section 39 are especially important for?	Children with disabilities or trauma history
Which provision deal with “Right of child to take assistance of legal practitioner”?	Sec.40
What does Section 40 of the POCSO Act, 2012 primarily guarantee?	Right of the child to be represented by a legal practitioner
Under Section 40, can the child victim engage a private lawyer?	Yes, the child has the right to be assisted by a legal practitioner
According to Section 40(2), the legal practitioner engaged by the child shall?	Assist the Special Public Prosecutor
Who bears the responsibility for arranging legal aid for the child if needed?	State Legal Services Authority
In which case did the court hold that the child’s right to legal representation is integral to a fair trial process?	Sheela Barse v. Union of India
Can the child’s lawyer override the Special Public Prosecutor in conducting the trial?	No, the legal practitioner only assists
The purpose of Section 40 is to?	Ensure legal support and child-friendly justice
In Minor through Guardian v. State of Maharashtra, what was emphasized by the Bombay High Court?	Child victims should be allowed legal representation at every stage
If the family or the guardian of the child cannot afford a legal practitioner, who is responsible for arranging free legal aid?	District or State Legal Services Authority
Section 40 ensures compatibility with which constitutional right?	Article 22 – Right to legal aid
The legal practitioner appointed for a child under Section 40 must?	Act independently but only in support of the prosecution
If a child victim is dissatisfied with their legal representation?	They can request a change through the Legal Services Authority
In Sakshi v. Union of India, which principle relevant to Section 40 was reaffirmed?	Need for legal and psychological support for child victims
The lawyer assisting the child under Section 40 must always act?	In alignment with the child's best interests
Which provision deal with “Provisions of sections 3 to 13 not to apply in certain cases”?	Sec 41
What is the main purpose of Section 41 of the POCSO Act, 2012?	To exclude criminal liability in certain acts done without sexual intent
When does the provisions of sections 3 to 13 (both inclusive) shall not apply in case of medical examination or medical treatment of a child?	when such medical examination or medical treatment is undertaken with the consent of his parents or guardian
Section 41 states that Sections 3 to 13 shall not apply when?	The act was not intended to be sexual in nature
What is covered under Sections 3 to 13 of the POCSO Act?	Sexual offences including penetrative sexual assault, sexual harassment, etc.
Which term is central to the applicability of Section 41?	Intention
Section 41 operates as?	An exception clause
In which case did the Delhi High Court hold that acts done without sexual intent are not punishable under POCSO?	X v. State of NCT of Delhi (2022)
What would most likely fall under the exception in Section 41?	A school teacher adjusting a child’s clothing without any sexual intent
Who decides whether the act was done with or without sexual intent?	Court
What standard is applied by courts to determine lack of sexual intent?	Whether there is clear absence of sexual gratification or motive
In Satish Ragde v. State of Maharashtra (2021), what did the Bombay High Court controversially observe?	Skin-to-skin contact is not sexual assault
Can the absence of sexual intent be a valid defence under Section 41?	Yes, if proved to the satisfaction of the court
Is Section 41 applicable to acts involving sexual gratification?	No, it excludes acts involving sexual gratification
The burden of proving the absence of sexual intent lies on?	The accused
In Attorney General for India v. Satish (2021), what did the Supreme Court clarify?	Any act with intent, even without direct contact, qualifies as assault under POCSO
Section 41 ensures that the POCSO Act?	Maintains a balance between protection and intent
Which provision deal with “Alternate punishment”?	Sec.42
What does Section 42 of the POCSO Act provide?	The offender shall be punished under the law that provides for greater punishment
Section 42 of the POCSO Act addresses the overlap between?	POCSO Act and IPC
In cases where both IPC and POCSO prescribe punishment for the same act, which punishment will apply?	The one with greater punishment
Where an act or omission constitutes an offence punishable under POCSO Act and under which section of IPC and IT ACT?	under sections 166A, 354A, 354B, 354C, 354D, 370, 370A, 375, 376, 376A, 376AB, 376B, 376C, 376D, 376DA, 376DB, 376E, section 509 of the Indian Penal Code or section 67B of the Information Technology Act, 2000
In State v. Pankaj Chaudhary, the court applied Section 42 to rule that?	Where IPC provides stricter punishment than POCSO, IPC shall prevail
Can an accused be punished under both IPC and POCSO for the same act?	No, only under one statute with greater punishment
Which best reflects the intention behind Section 42?	Avoid double jeopardy
The Supreme Court in Alakh Alok Srivastava v. Union of India clarified that Section 42 must be read with?	Section 42A of the POCSO Act
Section 42 ensures that the accused?	Cannot escape punishment due to technical overlap
Section 42 acts as a safeguard against?	Forum shopping and inconsistent sentencing
In State of Karnataka v. Joseph Rodrigues, the court held that in overlapping offences involving minors?	Section 42 mandates application of the law with higher punishment
Which doctrine supports the application of Section 42 — choosing one statute with greater penalty?	Doctrine of Harmonious Construction
Section 42 does not apply?	Where the act is punishable only under POCSO
Which provision deal with “Act not in derogation of any other law”?	Sec 42A
The provisions of POCSO Act shall be?	in addition to and not in derogation of the provisions of any other law.
Section 42A was inserted into the POCSO Act by which amendment?	Subs. by Act 13 of 2013, s. 29, for s. 42 (w.e.f. 3-2-2013).
What is the essence of Section 42A?	POCSO overrides inconsistent provisions in other laws
Which legal principle does Section 42A exemplify?	Doctrine of Overriding Effect
Section 42A begins with the phrase?	"Notwithstanding anything contained..."
In XYZ v. State of Gujarat, the High Court emphasized that?	POCSO being special law will prevail over inconsistent general law
What does the phrase “not in derogation of any other law” imply in Section 42A?	POCSO is independent of other legal remedies
In case of a conflict between IPC and POCSO, which will apply as per Section 42A?	POCSO
Section 42A was inserted to remove ambiguity about?	POCSO’s overriding nature over general laws
Section 42A ensures that victims?	Can benefit from POCSO even if IPC provides lesser protection
The principle of "non-derogation" in Section 42A ensures that?	POCSO is interpreted in harmony unless there’s a conflict
In Independent Thought v. Union of India, the Supreme Court observed?	POCSO can override marital rape exception in IPC
Under Section 42A, what happens when provisions of POCSO and IPC are inconsistent?	POCSO shall prevail
Section 42A makes POCSO?	Overriding and special statute
Which Article of the Indian Constitution supports the principle that a special law prevails over general law?	Article 246 (Doctrine of repugnancy, center vs. state — special vs. general laws)
What is the impact of Section 42A on procedural safeguards under CrPC?	CrPC is excluded unless inconsistent with POCSO
Which provision deal with “Public awareness about Act”?	Sec.43
What is the primary objective of Section 43 of the POCSO Act?	To create public awareness about the provisions of the Act
Who is primarily responsible for spreading awareness under Section 43?	The Central Government and every State Government
The Central Government and every State Government, shall take all measures to ensure? BNSS Act Free Detailed Notes	the provisions of this Act are given wide publicity through media including the television, radio and the print media at regular intervals to make the general public, children as well as their parents and guardians aware of the provisions of this Act
The Central Government and every State Government, shall take all measures to ensure? The Indian Partnership Act Free Detailed Notes	the officers of the Central Government and the State Governments and other concerned persons (including the police officers) are imparted periodic training on the matters relating to the implementation of the provisions of the Act
Section 43 emphasize methods?	Taking measures to spread awareness about child protection from sexual offences
Which tools is not explicitly mentioned but commonly used for public awareness?	Custodial interrogation
In Bachpan Bachao Andolan v. Union of India, the Supreme Court emphasized?	The need for state-led campaigns to raise awareness on child abuse and POCSO
Which initiatives could best fulfill the mandate of Section 43?	Public campaigns, educational programs, and workshops in schools
The failure of governments to act under Section 43 may lead to?	Court directions or PILs for enforcement
In Alakh Alok Srivastava v. Union of India, what was the focus in relation to POCSO?	State obligation to ensure awareness of child protection laws
Section 43 relates most closely to which Directive Principle of State Policy?	Article 39(e) – Protection of children
Which government ministry is generally tasked with awareness under Section 43?	Ministry of Women and Child Development
The responsibility to spread awareness under Section 43 includes which group?	Children, parents, teachers, and law enforcement agencies
Which campaigns would be least effective under Section 43?	Posting complex legal jargon in newspapers
What is the effect of Section 43 in strengthening the POCSO Act?	It creates public knowledge to prevent offences and increase reporting
Section 44 of the POCSO Act is concerned with?	Monitoring and implementation of the Act
Which institution is tasked with monitoring implementation at the national level?	NCPCR (National Commission for Protection of Child Rights)
SCPCRs stand for?	State Commissions for Protection of Child Rights
As per Section 44(1)(a), the NCPCR or SCPCRs may review and monitor?	Implementation of the provisions of the Act
Section 44 requires submission of reports to which entity?	The Central Government
The frequency of the report submission under Section 44 is?	Annually
Section 44 enables commissions to?	Collect data and assess the implementation status
In Bachpan Bachao Andolan v. Union of India, the Supreme Court underscored?	Monitoring of child rights implementation through NCPCR/SCPCR
NCPCR can require information from?	Any authority or institution dealing with children
What is not a role of NCPCR under Section 44?	Prosecuting offenders directly
Which statutory body is established under the Commissions for Protection of Child Rights Act, 2005?	NCPCR
Under Section 44, the monitoring of POCSO is a duty of?	Child Rights Commissions (NCPCR/SCPCR)
What best describes the nature of powers under Section 44?	Advisory and monitoring
Which case emphasized the need for child-friendly procedures and adequate monitoring?	Sampurna Behura v. Union of India
Section 44 was further operationalized by which rules or guidelines?	POCSO Rules, 2020
Section 45 of the POCSO Act deals with?	Power of the Central Government to make rules
Who is authorized to make rules under Section 45?	Central Government
The rules under Section 45 are meant to?	Carry out the provisions of the POCSO Act
The POCSO Rules, 2020 were made under which provision?	Section 45
Rules may provide for which matter?	the manner of deleting or destroying or reporting about pornographic material in any form involving a child to the designated authority under sub-section (1) of section 15
Rules may provide for which matter?	the manner of reporting about pornographic material in any form involving a child under sub-section (2) of section 15
Rules may provide for which matter? Dowry Prohibition Act Free Detailed Notes	the qualifications and experience of, and the fees payable to, a translator or an interpreter, a special educator or any person familiar with the manner of communication of the child or an expert in that field, under sub-section (4) of section 19; sub-sections (2) and (3) of section 26 and section 38
Delegated legislation under Section 45 must be?	Within the framework of the POCSO Act
Rules may provide for which matter?	care and protection and emergency medical treatment of the child under sub-section (5) of section 19
Rules may provide for which matter?	the payment of compensation under sub-section (8) of section 33
Rules may provide for which matter?	the manner of periodic monitoring of the provisions of the Act under sub-section (1) of section44
Which legal principle limits the rule-making power under Section 45?	Doctrine of Ultra Vires
The POCSO Rules can cover matters such as?	Procedure for reporting abuse, compensation, and rehabilitation
In State of Tamil Nadu v. P. Krishnamurthy (2006), the Supreme Court held?	Rules can be struck down if ultra vires the Act
Rules framed under Section 45 must be?	Published in the Official Gazette of India
In Vasu Dev Singh v. Union of India, the court held that rules under Section 45?	Must align with the object and purpose of the parent Act
What is an example of a rule validly made under Section 45?	Laying down forms for reporting, timeframes for compensation
Delegated legislation under Section 45 is subject to?	Judicial review
Which is not a rule-making power under Section 45?	Defining new offences not mentioned in the Act
Which provision deal with “Power to remove difficulties”?	Sec.46
The power under Section 46 lies with?	Central Government
The power to remove difficulties under Section 46 could be exercised?	Within 2 years from the commencement of the Act
The removal of difficulties order must be?	Laid before Parliament
What is the purpose of a “removal of difficulties” clause like Section 46?	To clarify or remove administrative or procedural issues in early implementation
In which case did the Supreme Court discuss limitations of “removal of difficulties” clauses? Indecent Representation Of Woman Act Free Detailed Notes	In re Kerala Education Bill Pocso Act Free Detailed Notes
What doctrine restricts the misuse of Section 46?	Doctrine of Colourable Legislation
Orders issued under Section 46 cannot?	Amend the parent Act itself
In State of Gujarat v. Mirzapur Moti Kureshi, the court held that delegated power to remove difficulties must?	Remain within the scope of legislative intent
Section 46 reflects what kind of legislative mechanism?	Executive corrective provision
Which actions cannot be done under Section 46?	Changing statutory definitions
Removal of difficulties clause is typically found?	In new legislations during early implementation
“Power to remove difficulties” orders are a form of?	Secondary (subordinate) legislation

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The POCSO Act One Liner Notes

Section 319 in Bharatiya Nagarik Suraksha Sanhita, 2023