Legal Challenges In The Application Of The Death Penalty In POCSO Cases: A Critical Analysis Under The POCSO Act

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Karthik Venugopal, Vels School of Law, Chennai

INTRODUCTION

The Protection of Children from Sexual Offences (POCSO) Act, 20121, represents a landmark legislative effort in India to address the pervasive issue of child sexual abuse. Enacted to provide a robust legal framework for the protection of children from sexual exploitation and abuse, the POCSO Act was a response to the alarming rise in cases of child sexual abuse and the inadequacies of existing laws to address these crimes effectively. Prior to the enactment of the POCSO Act, cases of child sexual abuse were prosecuted under various provisions of the Indian Penal Code (IPC), 1860, which were not specifically designed to address the unique vulnerabilities of children. The POCSO Act, therefore, was introduced to fill this legal void and to ensure that the legal system is equipped to handle cases of child sexual abuse with the sensitivity and urgency they require.The POCSO Act defines a child as any person below the age of 18 years and covers a wide range of sexual offences, including penetrative sexual assault, non-penetrative sexual assault, sexual harassment and the exploitation of children for pornographic activities. The Act also provides for the establishment of special courts to expedite the trial of POCSO cases and mandates the appointment of special public prosecutors to handle these cases. One of the most significant amendments to the POCSO Act came in 2019, which introduced the death penalty for aggravated penetrative sexual assault on children below the age of 16 years. This amendment was a response to public outrage over several high- profile cases of sexual violence against children, including the Nirbhaya case and the Kathua rape case. The introduction of the death penalty in POCSO cases has sparked significant debate among legal scholars, human rights activists, and policymakers. While some argue that the death penalty is a necessary deterrent for heinous crimes against children, others contend that it raises serious ethical and human rights concerns. This chapter provides an overview of the POCSO Act and the new criminal laws relevant to POCSO cases, setting the stage for a detailed analysis of the legal challenges associated with the imposition of the death penalty in POCSO cases.

LEGAL CHALLENGES IN THE APPLICATION OF THE DEATH PENALTY IN POCSO CASES- A CRITICAL ANALYS.

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