Question Discussion & Solution

• POCSO Act, 2012 is a gender-neutral act and gives equitable protection to both girls and boys.
• The Act defines a child as any person below eighteen years of age.
• The Act incorporates child-friendly procedures for reporting, recording of evidence, investigation as well as the trial of such offences covered under the act.
• People who traffic children for sexual purposes are also punishable under the provisions relating to abetment in the Act.
• Medical Examination of Child needs to be conducted within 24 hours.
• Recording the statement of the child at the residence of the child or at the place of his choice, preferably by a woman police officer.
• No child is to be detained in any police station in the night for any reason what so ever.
• Police officials are directed not to be in uniform while recording the statement of the child so victimized.

The correct answer is Article 14, 15, and 21.

• Sexual harassment results in a violation of the fundamental rights of a woman to equality under article 14 and 15 of the constitution of India and her right to life and to live with dignity under Article 21of the constitution and right to practise any profession or to carry on any occupation, trade, or business with includes a right to a safe environment free from sexual harassment.
• It extends to the whole of India.

 Additional Information

• Sexual Harassment:-
  • ​A man committing any of the facts -
    • ​Physical contact and advances involving unwelcome and explicit sexual overtures.
    • a demand or request for sexual favours.
    • showing pornography against the will of a woman.
    • making sexually coloured remarks shall be guilty of the offence of sexual harassment

• IPC Section 354 B provides safety and punishes the offender for compelling a woman to be naked, and shall be punished with imprisonment for a term which shall not be less than three years but which may extend to seven years, and shall also be liable to fine

The correct answer is Sexual intercourse by a husband on his wife during separation.

• Section 376B in The Indian Penal Code:
  • Sexual intercourse by a husband on his wife during separation: Whoever has sex with his wife, who is living separately, whether under a decree of separation or otherwise, without her consent, shall be punished with imprisonment of either description for a term which may extend to shall be punished with imprisonment of either description for a term which shall not be less than two years but which may extend to seven years, and shall also be liable to fine.

Additional Information

• Section 376A: Punishment for causing death or resulting in a persistent vegetative state of the victim.
• Section 376D:  Gang rape
• Section 376: Punishment for rape.

IPC Section 375 is NOT correct.

• Section 375 in the Indian Penal Code (Rape):
  • A man is said to commit “rape” who, except in the case hereinafter excepted, has sexual intercourse with a woman under circumstances falling under any of the six following de­scriptions:
    • (i) Against her will.
    • (ii) Without her consent.
    • (iii) With her consent, when her consent has been obtained by putting her or any person in whom she is interested in fear of death or of hurt.
    • (iv) With her consent, when the man knows that he is not her husband and that her consent is given because she believes that he is another man to whom she is or believes herself to be law­fully married.
    • (v) With her consent, when, at the time of giving such consent, by reason of unsoundness of mind or intoxication or the administration by him personally or through another of any stupe­fying or unwholesome substance, she is unable to understand the nature and consequences of that to which she gives consent.
    • (vi) With or without her consent, when she is under sixteen years of age.

Additional Information

• Section 370: Amendments and advocacy to prevent the conflation of trafficking and sex work.
• Section 372: Selling minor for purposes of prostitution, etc.
• Section 373: Buying minor for purposes of prostitution, etc.