Rule of Law : Pocso.POSH.

 

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Let justice be done though the heavens fall : Dr.Sunita Seema Shakti Priya. ⭐

Four Square Hotel : Ranchi : New Delhi Supporting : Cover Page & Contents *

Contents

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Cover Page : 0

Editorial Page : 2

Contents Page : 3

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Swarnika Jewellers PNB Sohsarai Bihar Sharif supporting

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Editorial : Page : 2 

Protectors.

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Editors.

Maha Shakti Group.

Darjeeling.Desk.

Dr. Sunita 'Shakti ' Priya.

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Editors.

Tri Shakti Group.

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Chief Shakti : Editorial. 

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Shakti. Manjushree.District Session Judge.

Shakti. Seema Kumari. Sr.Advocate.

Shakti. Ekta.Sr.Advocate.Gwalior. 

Shakti.Shivani.Advocate 

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Executive Editor. 

Shakti. Leena.Sr.Advocate.Ranchi High Court. 

Shakti.Ekta.Advocate.Gwalior.

Shakti. Vidisha : Legal Advisor .Advocate. 

Shakti. Jasika Singh  : Advocate.Allahabad.

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Exclusive Editor.

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Shree Vishal Kumar. Civil Judge.

Shree Sushil Kumar. Advocate. 

Special Public Prosecution Pocso

Shree Raghupati Singh.Retd.District Session Judge.Retd.

Shree Anjani Sharan.Nayamurti.Patna High Court Retd.

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Patorns 

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Shree Chiranjeev Nath Sinha. IPS

Shree Vikas Vaibhav. IPS

Shree Mukesh Kumar IPS

Shree Satya Prakash Singh.

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Visitors  

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Shakti Sushma Kumari. Advocate 

Shree.Ravi Raman. LL.B. Sr. Advocate. Section : Insurance. Criminal.

Shree.Gynendra Kumar. LL.B. Sr. Advocate .Section Criminal.

Shree.Dinesh Kumar. L.LB. Sr. Advocate. Civil.

Shree Sarsij Nayanam.  Sr. Advocate. Delhi High Court. Company, Banking. 

Shakti Rashmi Srivastava : S.P.

Shakti Sakshi. SP.

Raj Kumar Karan. Retd. D.S.P. 

President Gallantry Award Winner twice time. 

Madhulika  Bihari. ( Advocate)

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Writers :

Dr. Madhup Raman : Ph.D. LL.B.

Shakti Jasika Sing. Advocate.Allahabad.

Shree.Dinesh Kumar : Sr.Advocate.

Pragy : Advocate. Baroda.

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Dr.Brij Bhushan Sinha : Shivlok Hospital Supporting : Contents

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.Contents. Page : 3: Courtesy

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Protection of Children from Sexual Offences Act ( POCSO for short )

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What are the Categories of Sexual Offences in Pocso ? 

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    Compiler / Presenter 

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Dr. Madhup Raman. 

LL.B. Writing over the law issue.

Shakti. Kajal. Advocate

Shree Sushil Kumar. Advocate. 

Special Public Prosecution Pocso 

There are three board categories of sexual offences known to all of us  under passco. Usually we specially children face many unseen crimes in their life which they could not share these to others.

a. Sexual Assault. 

b. Sexual Harassment. 

c. And using a child for Pronography. 

a. Sexual Assault : How we could define the Sexual Assault .Touching the private parts of a child with sexual intent is defined as a sexual assault. If a person with such a  sexual intention makes a child touch the private parts of another person that is also sexual assault. 

Sexual assault does not involve penetration. Penetration is where an object or a part of a body inserted into the child. Penetration in any case of the body of the child is even more serious offence has been dealt with separately under PACSO. 

Any action involving physical contact with the Pocso child is also termed as sexual Assault

Example : A 16 year old Sarla uses the public bus to go to school. The buses always remaining over crowded  at the time. She  really ever gets a place to sit. One day while she was standing in the crowded bus there  was a man behind her started pressing himself against her. She tried to move away but there is not much space for her to move. Then he had a bad touch as soon as Sarla screams he pushes his hand away .He said that she had done nothing wrong that he held her only to keep from falling.

Punishment : If the accused is justified then the Punishment for committing sexual assault on a child is minimum of 3 years imprisonment which can extend up to 5 years imprisonment as well as with payment of fine decided by the court.

powered by Divine Prediction.

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: Subheading : 2.
Procedures / Examination / Verification / The Misuse of the law 

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Presenter / Compiler  : Dr. Madhup Raman. LL.B.

The law provides for relief and rehabilitation of the child, as soon as the complaint is made to the Special Juvenile Police Unit (SJPU) or to the local police.These agencies are required to make immediate arrangements to give the child adequate care and protection such as admitting the child into a shelter home or to the nearest hospital within twenty-four hours of the report. The Child Welfare Committee (CWC) is also required to be notified within 24 hours of recording the complaint.

Child friendly procedures incorporated in the Act

a. Recording the statement of the child at the residence of the child or at the place of his choice, preferably by a women police officer not below the rank of the sub-inspector. Evidence has to be recorded within 30 days

b. No child to be detained in the police station at night for any reason

c. Police officer to not be in uniform while recording the statement of the child

d. The statement of the child to be recorded as spoken by the child

e. The assistance of an interpreter or translator or an expert as per the need of the child

f. The assistance of a special educator or any person familiar with the manner of communication of the child in case a child is disabled

g. Medical examination of the child to be conducted in the presence of the parent of the child or any other person in whom the child has trust or confidence

h. In case the victim is a girl child, the medical examination shall be conducted by a woman doctor

i. Frequent breaks for the child during the trial

j. A child not to be called repeatedly to testify

k. No aggressive questioning or character assassination of the child

An important step forward is also the recognition of the intent of committing an offence, which has also been provided for with the possibility of punishment of up to half the punishment that has been provided for the actual committing of the crime. Abetment of the offence is also considered punishable for their role in aiding the sexual abuse of a child.

The burden of proof lies on the accused in any case of Child Sexual Abuse.

However, there may be misuse of this ACT. If anyone is found guilty for misusing this act he  or she can be severely punished for the false allegation. For preventing the misuse of the law, there is also a punishment provided for making a false complaint or providing false evidence. It remains to be seen how this provision is utilised in the future.

A duty on the Central and State Governments is to spread awareness through media including television, radio and 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.

It is a mandate of the National Commission for the Protection of Child Rights (NCPCR) and State Commissions for the Protection of Child Rights (SCPCR) to monitor the implementation of the Act.

Courtesy.

Sources : Net : Contents. for Educational Purposes.

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POSH Act. Page : 3/ 2

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Prevention of Sexual Harassment.

Shakti Jasika Singh. Advocate.Allahabad.

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Dr.Madhup Raman.

Shakti. Ekta. Advocate.Gwalior.  

Shakti. Kajal. Advocate.

Shakti Leena Sr.Advocate.High Court. Ranchi.

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Beware of  False Evidences : Punishable Under Section

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Now ethics are stake. Rules were made for justice. Now we find many causes that 

many cases are fabricated and so social issues are always discussed widely 

False evidence is a statement or document that is not truthful and is used to mislead a court or other legal proceeding. It can involve intentionally giving false testimony, fabricating documents, or creating false circumstances to mislead legal proceedings. This is a serious offense with legal consequences.

And whoever intentionally gives or fabricates false evidence in any other case, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine.

Section 193 :- Punishment for false evidence

An investigation directed by law preliminary to a proceeding before a Court of Justice, is a stage of a judicial proceeding, though that investigation may not take place before a Court of Justice

Posh : Meaning : 

Posh : Meaning : These all are in our common practices. This is recently POSH.The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, also known as the POSH Act, is a law that protects women from sexual harassment in the workplace. 

The act applies to all workplaces in India, including government, private, and non-governmental organizations. 

What does the POSH Act do?

Defines sexual harassment policies, prevention systems, procedures, and service rules for employees 

a. Provides a mechanism for filing complaints of sexual harassment 

b. Provides for the redressal of complaints of sexual harassment 

c. Provides for the establishment of Internal Complaints Committees (ICCs) and d. Local Complaints Committees (LCCs) 

e. What is considered sexual harassment? 

f. Physical contact advances

g. Demands or requests for sexual favors

h. Making sexually colored remarks

i. Showing pronography

j. Any other unwelcome physical, verbal, or non-verbal conduct of a sexual nature

Who can file a complaint?

Any employee can file a complaint of sexual harassment.

To tackle the menace of sexual harassment at work place, the Indian Parliament has passed the Sexual Harassment of Women at Workplace ( Prevention, Prohibition and Redressal) Act, 2013.

This Act states in clear words that ' No woman shall be subjected to sexual harassment at any work place employment or activities performed by the domestic worker,

Workplace  includes : Any department, organisation, undertaking, establishment, enterprise, institution, office, branch or unit which is established, owned, controlled or wholly or substantially financed by funds provided directly or indirectly by the appropriate Government or the local authority or a Government company or a

(a) Internal Committee means an Internal Complaints Committee constituted under section 4 

(b) Local Committee  means the Local Complaints Committee constituted under section 6 

(c) Member means a Member of the Internal Committee or the Local Committee, as the case may be ;

(d) Prescribed means prescribed by rules made under this Act,

(e) Presiding Officer  means the Presiding Officer of the Internal Complaints Committee nominated under sub-section (2) of section 4;

(f) Respondent means a person against whom the aggrieved woman has made a complaint under section 9 ;

to be continued....

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Questionnaire : Answering  : Posh : Page 3/2 

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Shree. Raghupati Sing.

District Session Judge.Retd.

Shakti. Jasika Singh. Advocate 

Shakti. Shivani.Advocate.

Q.1 Where it is applicable ? 

Answer : It is applied at working place for Prevention, Prohibition and Redressal 

Any department, organisation, undertaking, establishment, enterprise, institution, office, branch or unit which is established,

Q.2. Who can lodge the complain ?

Answer : As it relates to the working institution so it involves only the employers and employees working there.

In the case of minor the Parents / Guardian can place the complaint in the case of major only the aggrieved one who has been the victim of that can lodge the complain. Not others.

Q.3.What happens when allegations are found false and fabricated ?

Answer : After the proper investigation under the well thought justified eyes if it found that imposed allegations are not justified

And whoever intentionally gives or fabricates false evidence in any other case, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine.

Section 193 :- is there f0r the punishment for false evidence Punishment for false evidence

Q.4. What kind of Sexual Harassments ?

Prima facie it seems to be in a sexual harassment repeatedly. Doubts of chasing, gazing are under question mark ?Physical contact advances...

g. Demands or requests for sexual favors

h. Making sexually colored remarks

i.  Showing pronography

j. Any other unwelcome physical, verbal, or non-verbal conduct of a sexual nature 

Q.4. What is the case of defamation ?

Answer : In India, defamation cases are primarily dealt with under Section 499 of the Indian Penal Code (IPC, Bharatiya Nyay Sanhita ), which defines defamation. Section 500 of the IPC outlines the punishment for defamation.

Q.5.In which space of time it may be filed ?

Answer : In India, a sexual harassment complaint at the workplace must generally be filed within three months of the incident. For a series of incidents, the time limit starts from the date of the last incident.

The Internal Committee (IC) or Local Committee (LC) can extend this time limit by a maximum of three months if they are satisfied that circumstances prevented the woman from filing the complaint earlier....

Q.6.Definition of POSH Sexual Harassment :
Answer : The POSH Act defines sexual harassment broadly, encompassing unwelcome acts or behaviors of a sexual nature. This includes physical conduct, verbal or non-verbal conduct, and implied or explicit requests for sexual favors

Q.7. What is U/S 33 of BNSS provides safety to the victim 

Answer : We notice many false cases are implicated to mislead the court.

So one can seek defence by drafting a petition to the nearest Magistrate or police officer.

Section 33 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, deals with the public's duty to report certain offences. It mandates that any person aware of the commission or the intention to commit specific offenses under the Bharatiya Nyaya Sanhita (BNS) must promptly inform the nearest Magistrate or police officer. This section ensures that vital information about serious crimes reaches the authorities without delay

Q.8.What should be the right justified Policies of the Employer :

Answer : Employers can create internal policies that offer protection against sexual harassment to all employees, regardless of gender. If such a policy exists, a male employee can utilize it.

Q.9. How could a male defend himself against the POSH ?

Answer : Usually now a days false complains are coming.Every one conscience says that such type of awesome situation should not come.

The POSH Act in India is designed to protect women from sexual harassment at the workplace and is not applicable to men. Therefore, a male cannot directly defend himself under the POSH Act.

However, employers may choose to extend similar protections through their internal policies.

While the POSH Act doesn't offer direct recourse for men, they can still take steps to protect themselves and address false accusations.

Q.10 .What is Section 14 under POSH Act ?

Answer : Section 14 of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (POSH Act) deals with punishment for false or malicious complaints. It specifies that if the Internal Committee (IC) or Local Committee (LC) concludes that an allegation is malicious or that the complainant knowingly filed a false complaint or submitted forged documents, they can recommend action against the complainant under the applicable service rules. However, the inability to substantiate a complaint or provide adequate proof does not automatically lead to action against the complainant.

Q.11.What are the strong bases for a strong Defence:

Documentation: Maintain records of all interactions, especially those potentially leading to misunderstandings.

Professionalism: Conduct oneself with utmost professionalism in the workplace to minimize the risk of misinterpretations.

Seek Support: If facing false accusations, consult with a legal professional and explore options for addressing the situation constructively.

In conclusion, while the POSH Act is specific to women, men can still take steps to protect themselves and address false accusations through employer policies, legal avenues, and by maintaining a professional demeanor.

Column Writer : Editor.

Shakti. Kajal. Advocate 

Shakti.Jasika Singh.Advocate 

Shakti.Ekta.Advocate.

Dr.Madhup Raman. 

Lawyer 

to be continued...