Knowledge of crime against Women and Children Questions

The correct answer is Protection of Children from Sexual Offences.

Key Points

• POCSO stands for Protection of Children from Sexual Offences 
• To deal with child sexual abuse cases, the Government has brought in a special law, namely, The Protection of Children from Sexual Offences (POCSO) Act, 2012.
• The Protection of Children against Sexual Offences Act (POCSO) was passed by both houses of Parliament on May 22, 2012.  
• The Act has come into force with effect from 14th November 2012 along with the Rules framed thereunder. 
• The POCSO Act, 2012 is a comprehensive law to provide for the protection of children from the offences of
  • Sexual assault
  • Sexual harassment
  • Pornography
• While safeguarding the interests of the child at every stage of the judicial process by incorporating child-friendly mechanisms for reporting, recording of evidence, investigation and speedy trial of offences through designated Special Courts.
• Salient Feature of POCSO- 
  • It is gender-neutral.
  • It makes the reporting of abuse mandatory.
  • It makes the recording of sexual abuse mandatory.
  • It lists all known types of sexual offences towards minors.
  • It provides for the protection of minors during the judicial process.

A 2007 survey by the Ministry of Women and Child Development showed that 53% of children in India had been sexually abused. 

Important Points The Protection of Children against Sexual Offences Act (POCSO) was passed by both houses of Parliament on May 22, 2012.  

• It came into effect on Children’s Day, November 14, 2012.
• Salient Feature of POCSO- 
  • It is gender-neutral.
  • It makes the reporting of abuse mandatory.
  • It makes the recording of sexual abuse mandatory.
  • It lists all known types of sexual offences towards minors.
  • It provides for the protection of minors during the judicial process.

From the above, it is clear that the Protection of Children against Sexual Offences Act (POCSO) came into effect on Children’s Day, November 14, 2012.

The correct answer is Civil Court.

Key Points 

• Sexual harassment at a workplace is considered a violation of women's right to equality, life, and liberty.
• It creates an insecure and hostile work environment, which discourages women's participation in work, thereby adversely affecting their social and economic empowerment and the goal of inclusive growth.
• With this idea, the legislature formulated the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act 2013.
• 'Sexual Harassment of Women at Workplace', Civil court has been empowered to collect evidence to complaints committees set up under this Act.
• The Complaints Committees have the powers of civil courts for gathering evidence.

Additional Information 

• Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013
  • The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 is a legislative act in India that seeks to protect women from sexual harassment at their place of work.
  • It was passed by the Lok Sabha (the lower house of the Indian Parliament) on 3 September 2012.
  • It was passed by the Rajya Sabha (the upper house of the Indian Parliament) on 26 February 2013.
  • The Bill got the assent of the President on 23 April 2013.
  • The Act came into force on 9 December 2013.
  • This statute superseded the Vishaka Guidelines for Prevention Of Sexual Harassment (POSH) introduced by the Supreme Court (SC) of India.
  • It was reported by the International Labour Organization that very few Indian employers were compliant with this statute.

The correct answer is 12.

Key Points 

• The Ordinance amends the IPC, 1860 to increase the minimum punishment for rape of women from seven years to ten years.
• Rape and gang rape of girls below the age of 12 years will carry minimum imprisonment of twenty years and is extendable to life imprisonment or death.
• Rape of girls below the age of 16 years is punishable with imprisonment of twenty years or life imprisonment.

Additional Information 

• 376DB: Punishment for gang rape on women under twelve years of age.
  • Where a woman under twelve years of age is raped by one or more persons constituting a group or acting in furtherance of a common intention, each of those persons shall be deemed to have committed the offence of rape and shall be punished with imprisonment for life, which shall mean imprisonment for the remainder of that person’s natural life, and with fine, or with death.
  • Such fine shall be just and reasonable to meet the medical expenses and rehabilitation of the victim: 
    • Any fine imposed under this section shall be paid to the victim.

The correct answer is Gang rape of a girl below 16 years of age.

Key Points 

• 376 DA: PUNISHMENT FOR GANG RAPE ON WOMAN UNDER SIXTEEN YEARS OF AGE
  • Where a woman under sixteen years of age is raped by one or more persons constituting a group or acting in furtherance of a common intention, each of those persons shall be deemed to have committed the offense of rape and shall be punished with imprisonment for life, which shall mean imprisonment for the remainder of that person’s natural life, and with fine:
  • Provided that such fine shall be just and reasonable to meet the medical expenses and rehabilitation of the victim:
  • Provided further that any fine imposed under this section shall be paid to the victim.

Additional Information 

• 376DB: Punishment for gang rape on women under twelve years of age.
  • Where a woman under twelve years of age is raped by one or more persons constituting a group or acting in furtherance of a common intention, each of those persons shall be deemed to have committed the offense of rape and shall be punished with imprisonment for life, which shall mean imprisonment for the remainder of that person’s natural life, and with fine, or with death.
  • Such fine shall be just and reasonable to meet the medical expenses and rehabilitation of the victim: 
    • Any fine imposed under this section shall be paid to the victim.

Option 1 is NOT correct.

Key Points

The Immoral Traffic (Prevention) Act, 1956:

• It extends to the whole of India. So, statement 1 is NOT correct.
• In this Act:
  • ​“Brothel” includes any house, room, or place or any portion of any house, room, or place, which is used for purposes [of sexual exploitation or abuse] for the gain of another person or for the mutual gain of two or more prostitutes.
  • “Child” means a person who has not completed the age of sixteen years. So, statement 2 is correct.
  • “Major” means a person who has completed the age of eighteen years. So, statement 3 is correct.
  • “Public Place” means any place intended for use by, or accessible to, the public and includes any public conveyance. So, statement 4 is correct.

The correct answer is Punishment of imprisonment which may extend to ten years and shall also be liable to fine.

• Under Section 366B, the importation of girls from a foreign country Punishment of imprisonment which may extend to ten years and shall be liable to fine. 

​ Important Points

• Section 366B - 
  • ​Whoever imports into India from any country outside India or from the State of Jammu and Kashmir any girl under the age of twenty-one years with the intent that she may be, or knowing it to be likely that she will be, forced or seduced to illicit intercourse with another person, shall be punishable with imprisonment which may extend to ten years, and shall also be liable to fine.
  • It is a Non-bailable crime that is triable by a Court of Session and it is a cognizable offence.

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.

The correct answer is a Punishment of ten years and a fine.

 Important Points

•  Section 373 of IPC-
  • Whoever buys, hires, or otherwise obtains possession of any person under the age of eighteen years with the intent that such person shall be at any age be employed or used for the purpose of prostitution or illicit intercourse with any person or for any unlawful and immoral purpose, or knowing it to be likely that such person will at any age employed or used for any such purpose, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.
  • It is a cognizable offence and Non-bailable in nature which is triable by the court of session.

The correct answer is a Punishment of ten years and a fine.

Important Points

• Section 367 of IPC:
  • ​Whoever kidnaps or abducts any person in order that such person may be subjected, or be so disposed of as to be put in danger of being subjected to grievous hurt, or slavery, or to unnatural lust of any person, or knowing it to be likely that such person will be so subjected or disposed of, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.
  • It is a cognizable offence, Non-bailable which is triable by the court of session.