JOURNAL ARTICLE
Keywords: Child Sexual Abuse, POCSO Act, Child Rights, Sexual Offences, Indian Criminal Law.
Abstract: Child sexual abuse constitutes a serious violation of child rights, human dignity, and constitutional guarantees in India. The Protection of Children from Sexual Offences Act, 2012 was enacted to address the inadequacies of general criminal law by providing a comprehensive, child-centric legal framework for preventing and punishing sexual offences against children. This paper examines the evolution of laws relating to child sexual abuse, the salient features of the POCSO Act, and the procedural safeguards designed to ensure child-friendly justice. It critically analyses the role of the judiciary in interpreting and strengthening the Act through purposive and progressive judgments, while balancing child protection with the right to a fair trial. The study also evaluates the impact of the POCSO (Amendment) Act, 2019, particularly the introduction of enhanced punishments and the death penalty for aggravated offences, and the debates surrounding deterrence and effective justice. The paper argues that while the statutory framework has significantly strengthened child protection, the success of the POCSO regime ultimately depends on consistent implementation, institutional capacity, judicial sensitivity, and a holistic approach that integrates prevention, rehabilitation, and victim-oriented support mechanisms.
Article Info: Received: 19 Mar 2024, Received in revised form: 15 Apr 2025, Accepted: 19 Apr 2025, Available online: 25 Apr 2025
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