POCSO pegs the age at under-18. And any other law being read in conjunction with POCSO, for example from IPC if the child has been kidnapped or physically harmed or robbed which can also be applied—and should definitely be—the under-18 age specific will stand. In April 2013, when a further strengthened anti-rape law for adult women was brought in called the CLA Act, Section 42 of POCSO was amended and a new Section 42A came into being. Simply put—a crime punishable under POCSO and IPC (the Indian Penal Code), will get the offender punishment under the law that provides for the higher degree of punishment. And since there is the usual political duplicity over ‘marriage age’—all political parties are wary of antagonizing their (geographical and mental) rural vote bank—it might continue to pop up saying ‘16’. The amendment also makes clear that the CLA Act shall be in addition to, and not in derogation of, any other law for the time being in force. In other words, the boy or girl’s childhood has a right to be protected till 18.

POCSO is simply written, with no room for ambiguity. Readers may access it from the ministry website. The Gazette of India calls it by its full name—The Protection of Children from Sexual Offences Act, 2012—dates it as 20 June 2012, under Ministry of Law and Justice.

It is gender neutral—which means it is India’s first law to protect not only the girl-child but also boys from all forms of rape and any kind of sexual abuse. Earlier, the boy child was provided legal recourse only if he had been sodomised under Section 377 of IPC. This section continues to provide recourse to straight (heterosexual) Indian males and all Indian women from unnatural sex including anal sex. It also stands to be used for bestiality (sex with animals) and necrophilia (sex with dead bodies).

POCSO—like the child’s body—does not differentiate between penis and a bottle or a candle. They are all objects. Penetrative means all body orifices including vagina and anus. An Aggravated Penetrative Sexual Assault on a child is when there is a gang-rape or when the perpetrator is a policeman, a member of the armed or security forces, authorities of muths, madarsas, monasteries and other religious establishments (where male children tend to be sent also as boarders and lodgers), remand places or in those run by NGO’S, hospitals and, of course, at home. The umbrella under home is expanded to include incest and ‘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’. Punishment is from ten years to life.

POCSO deals separately with, and clearly defines which acts constitute Sexual Assault, Sexual Harassment, Using Child for Pornographic Purposes, Abetment of and Attempt to Commit an Offence (schools attempting to hush up on-premises Child Sexual Abuse by their employees might want to look at this clause). Chapter V details the procedure for reporting of cases. Chapter VI details the procedure for recording of statements of the child.