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.

• Workplace Sexual Harassment is sexual, unwelcome and the experience is subjective.
• It is the impact and not the intent that matters and it almost always occurs in a matrix of power.
• It is possible that a woman may experience a single instance of sexual harassment or a series of incidents over a period of time.
• It is important also to remember that each case is unique and should be examined in its own context and according to the surrounding circumstances as a whole.

 “Sexual Harassment” includes any one or more of the following unwelcome acts or behaviour (whether directly or by implication), namely:

• Physical contact or advances;
• A demand or request for sexual favours;
• Making sexually coloured remarks;
• Showing pornography;
• Any other unwelcome physical, verbal or non-verbal conduct of a sexual nature.

Hence, we conclude that all are examples of sexual harassment.

The correct answer is 1987.

• Sati (Prevention) Act:
  • An act to provide for more effective prevention of the commission of Sati.
  • Sati (Prevention) Act, 1987 is the law enacted by the  Government of Rajasthan in 1987 for the prevention of the Sati System in India.
  • It became an act of the Parliament of India with the enactment of The Commission of Sati (Prevention) Act, 1987 in 1988.
  • It extends to the whole of India except the State of Jammu & Kashmir.
  • At present, there are only three laws in force:
    • Rajasthan Sati (Prevention) Act,1987.
    • Bengal Sati Regulation, 1829 ( Bengal Regulation XVII of 1829).
    • Tamil Nadu Sati Regulation, 1830 (Tamil Nadu Regulation I of 1830).
  • The abetment of Sati will be punishable with death or imprisonment for life and also liable to fine.
  • It is punishable with a minimum imprisonment of one year which may extend to seven years and with a minimum fine of 5000 rupees which extend to 30,000 rupees.

​ Additional Information

• Meaning of Sati is the Burning or Burying alive of Widows or Women whose Husband got died.
• This comes under the Ministry of Women and Child Development.

The correct answer is Sections 2 (b).

• Generally in any law starting chapter contains the definition clause and in most of the small act or specialised laws, it is section 2 which contains definitions of the terms. However, this is not uniform for all the laws.
• The term child marriage is defined under section 2 (b) of The Prohibition of Child Marriage Act, 2006.

Key Points

• Any marriage where either Bride or groom is below the permissible age is called child marriage.
• The permissible age for marriage of a girl is minimum 18 years and that for a boy is a minimum of 21 years.

The correct answer is Punishment is imprisonment for Natural life and shall also be liable to fine.

• Under Section 370,
  • When a public servant or a police officer is involved in the trafficking of any person then, such public servant or a police officer shall be punished with imprisonment for the life, which shall mean imprisonment for the remainder of that person's natural life, and shall also be liable to fine.

Key Points

• Section 370 -
  • ​Trafficking means - whoever, for the purpose of exploitation, a. recruits b. transports c.harbours, d.transfers, or e. receives, a person or persons, by-
    • ​using threats,
    • using force, or any other form of coercion,
    • by abduction,
    • by practising fraud, or deception,
    • by abuse of power,
    • by inducement, including the giving or receiving of payments or benefits, in order to achieve the consent of any person having control over the person recruited, harboured, transported, transferred, or received, commits the offence of trafficking. 
• The expression "exploitation" shall include any act of physical exploitation or any form of sexual exploitation or practices similar to slavery, servitude, or the forced removal of organs.
• The consent of the victim is immaterial in the determination of the offence of trafficking.

Additional Information

• Trafficking of person: 7 to 10 years + Fine.
• Trafficking of more than one person: 10 years to Life + Fine.
• Trafficking of minor: 10 years to Life + Fine.
• Trafficking of more than one minor: 14 years to Life + Fine.
• A person convicted of the offence of trafficking of minor on more than one occasion: Imprisonment for Natural Life + Fine.
• A public servant or a police officer involved in trafficking of minor: Imprisonment for Natural Life + Fine.