Judiciary Mcqs Of The Day: The Protection Of Children From Sexual Offences Act, 2012

Q1. Which of the following statement with reference to the protection of children from sexual offences act, 2012 is/ are correct?
1. A case of child sexual abuse must be disposed of within 9 months from the date of the offence is reported 
2. It defines a child as any person below 12 years of age

• a)    1 only
• b)    2 only
• c)    Both 1and 2
• d)    Neither 1and 2 

Answer – d)    Neither 1and 2

Explanation – 
Statement 1: The POCSO Act does not mandate that a case must be disposed of within 9 months. However, it does emphasize the expeditious trial of cases involving child sexual abuse to ensure that the legal process is swift and minimizes trauma to the child. The Act prescribes that the trial should be completed as quickly as possible, but there is no specific 9-month timeframe mentioned.
Statement 2: Under the POCSO Act, a child is defined as any person below the age of 18 years, not 12 years. The Act provides protection to all individuals under 18 years of age.
Thus, both statements are incorrect regarding the provisions of the POCSO Act:
•    Statement 1 is incorrect because the Act does not specify a 9-month limit.
•    Statement 2 is incorrect because the Act defines a child as anyone under 18 years of age.

Q2. In which of the following judgements had the supreme court struck down section 66- A of the information technology act, 2000?

• a)    Shreya Singhal vs Union of India
• b)    Selvi And Others vs State of Karnataka
• c)    PUCL vs Union of India
• d)    Amar Singh vs Union of India 

Answer – a)    Shreya Singhal vs Union of India

Explanation – 
Shreya Singhal vs Union of India (2015) is a landmark judgment in which the Supreme Court of India struck down Section 66-A of the Information Technology Act, 2000. 
Section 66-A: This section criminalized the sending of "offensive" messages through communication services, etc., and was criticized for being overly broad and vague. It led to concerns about misuse and suppression of freedom of speech.
In the case of Shreya Singhal vs Union of India, the Supreme Court found Section 66-A to be unconstitutional. The Court held that the section was too vague and violated the fundamental right to freedom of speech and expression guaranteed under Article 19(1)(a) of the Constitution. The Court emphasized that laws restricting free speech must be clear and precise to avoid arbitrary enforcement.

Q3. ‘X’, a 17 year old boy is sexually assaulted by ‘Y’, a 25 year old lady.  ‘Y’ can be prosecuted under:

• a)    The Protection of Children from Sexual Offences Act 2012
• b)    Section 376 IPC
• c)    Under the juvenile justice (care and protection of children) act, 2000
• d)    For assault under the IPC 

Answer – a)    The Protection of Children from Sexual Offences Act 2012

Explanation – 
Protection of Children from Sexual Offences (POCSO) Act, 2012:
POCSO Act: This Act specifically addresses sexual offenses against children. Under the POCSO Act, the term "child" is defined as a person below the age of 18 years. Therefore, the 17-year-old boy, who is considered a child under this Act, falls under its protection.
Given that the offense involves a minor (a child under 18 years of age), the POCSO Act would be the applicable law. The Act provides comprehensive protection for children against sexual offenses and prescribes specific procedures and penalties.

Q4. Under section 20 of the protection of children from sexual offences act 2012 any personnel of the media of hotel or lodge or hospital or club of studio or photographic facilities, on coming across any material object which is sexually exploitative of the child, shall provide such information to the

• a)    Local police
• b)    Special Juvenile police unit
• c)    Nearest executive magistrate
• d)    Either A or B

Answer – d)    Either A or B

Explanation – 
Section 20 of the Protection of Children from Sexual Offences (POCSO) Act, 2012, deals with the obligations of certain persons who come across material that is sexually exploitative of a child. 
This section requires that any person, including those working in media, hotels, lodges, hospitals, clubs, studios, or photographic facilities, who comes across any material that is sexually exploitative of a child must report it.
The report should be made to:
Local Police: The local police are responsible for investigating such reports and taking necessary legal action.
Special Juvenile Police Unit: The Special Juvenile Police Unit is specifically designated to handle cases involving children and can also be notified.

Q5. The burden of proving the guilt in a prosecution under the protection of children from sexual offences act 2012 is:

• a)    On the prosecution
• b)    There is a presumption of guilt
• c)    On the de facto complainant
• d)    On the person accused 

Answer – b)    There is a presumption of guilt

Explanation – 
Under the Protection of Children from Sexual Offences (POCSO) Act, 2012, the burden of proving the guilt of the accused lies with the prosecution. 
In any criminal case, including those under the POCSO Act, the burden of proof rests with the prosecution. This means the prosecution must prove the guilt of the accused beyond a reasonable doubt. The accused is presumed innocent until proven guilty.
There is no presumption of guilt under the POCSO Act. The principle of presumption of innocence is fundamental in criminal law. The accused is presumed innocent until proven guilty, and it is the prosecution's responsibility to establish guilt through evidence.

Q6. A sexual assault committed on a child becomes an aggravated sexual assault if it is committed by

• a)    Police officer in course of his duties
• b)    Another child
• c)    Brother or sister of the child
• d)    None of the above

Answer – a) Police officer in course of his duties

Explanation – 
Under the Protection of Children from Sexual Offences (POCSO) Act, 2012, certain types of sexual offenses against children are categorized as "aggravated sexual assault" based on the perpetrator's role, position, or the nature of the offense. 
Section 9(i): An offense committed by a police officer in the course of his duties is categorized as aggravated sexual assault. This is due to the abuse of authority and breach of trust associated with a police officer’s role.

Q7. The following provisions of the protection of children from sexual offences act 2012 imposes an obligation on certain persons to report suspected offences against children?

• a)    Section 22
• b)    Section 20
• c)    Section 30
• d)    Section 21

Answer – b)    Section 20

Explanation:
Section 20 of the Protection of Children from Sexual Offences (POCSO) Act, 2012, imposes an obligation on certain persons to report suspected offenses against children
This section mandates that any person who has knowledge of an offense under the Act must report it to the appropriate authorities. Specifically, it requires individuals who have knowledge of such offenses, especially professionals like teachers, doctors, and others working with children, to inform the police or other authorities about the suspected offenses. Failure to report such offenses is considered an offense under this section.

Q8. Section 33 of the protection of children from sexual offences act 2012 contains an absolute prohibition regarding disclosure of the identity of the child. The above mentioned statement is:

• a)    Partly correct
• b)    Full correct
• c)    Fully incorrect
• d)    None of the above 

Answer – a)    Partly correct

Explanation – 
Section 33 of the Protection of Children from Sexual Offences (POCSO) Act, 2012, does indeed contain provisions related to the protection of the child’s identity.
This section prohibits the disclosure of the identity of the child in any media or in public domains. This is to ensure that the child’s privacy and dignity are protected throughout the legal process. The prohibition is absolute in the sense that the child's identity must not be revealed, but there are certain legal provisions for disclosure in specific situations.

• While the prohibition on disclosing the child’s identity is stringent, there are exceptions where such information may be disclosed if deemed necessary by the court for the administration of justice.
• The statement is partly correct because Section 33 does impose strong restrictions on revealing the child’s identity, but it does not constitute an absolute prohibition in all situations without exceptions.

Q9. Under section 2(1) of the protection of children from sexual offences act 2012 special court means, a court designated as such under

• a)    Section 26
• b)    Section 27
• c)    Section 28
• d)    Section 29 

Answer – c)    Section 28

Explanation – 
Section 28 of the Protection of Children from Sexual Offences (POCSO) Act, 2012, provides for the establishment of Special Courts specifically designated to handle cases under the Act.
This section empowers the State Government to designate a Special Court to conduct trials for offenses under the POCSO Act. The Special Court is appointed to ensure that cases are handled efficiently and sensitively, considering the nature of the offenses and the need to protect the rights of the child.

Q10. Under section 35 of the protection of children from sexual offences act 2012 the evidence of the child shall be recorded within a period of ___________ days of the special court taking cognizance of the offence -

• a)    30 days
• b)    45 days
• c)    60 days
• d)    3 months 

Answer – a)    30 days

Explanation – 
Section 35 of the Protection of Children from Sexual Offences (POCSO) Act, 2012, specifies the time frame within which the evidence of the child must be recorded:
This section prescribes that the evidence of the child must be recorded within a period of 30 days from the date the Special Court takes cognizance of the offense. The purpose is to ensure that the child's testimony is recorded promptly and to reduce the psychological stress on the child.
This provision aims to expedite the legal process to minimize the trauma experienced by the child during the trial.