Recently, the Delhi High Court highlighted the meaning and application of Section 29 in the Protection of Children from Sexual Offences (POCSO) Act, 2012. This section deals with the presumption of guilt in cases of sexual assault against children. The court clarified that this presumption only applies once the trial has commenced, signalled by the formal framing of charges against the accused.
Understanding Section 29 of the POCSO Act
According to Section 29 of the POCSO Act, when a person faces prosecution for alleged sexual assault against a minor, the special court handling the case should initially presume the accused to be guilty. The presumption of guilt is a critical element in the process of adjudicating cases involving child victims of sexual abuse.
Clarity on Applicability of Presumption of Guilt
A question arose related to whether this presumption of guilt should apply at the bail hearings stage or only during the actual trial. The matter arose during the hearing of a bail plea of a 24-year-old man accused of sexually assaulting a minor. Clarification was provided stating if a bail plea is under consideration before charges have been framed, Section 29 does not apply. The commencement of ‘trial’ is marked by the framing of charges against an accused party, and not before.
Rationale Behind the Court’s Decision
The court clarified that charging someone with a crime involves a precise allegation backed by enough evidence, which the accused is required to answer. An accused cannot be asked to disprove their guilt before the prosecution presents allegations supported by evidence suggesting guilt. An accused party must know what they’re alleged to be guilty of so they can formulate their defense.
Reversal of Burden of Proof
Previously, the burden of proof was on the accused to prove their innocence under the POCSO Act. This reversal was introduced given the low conviction rate for sexual crimes against children. However, the court set new norms for deciding bail pleas at the post-charge stage, factoring in the nature of the crime, evidence, and additional factors such as intimidation, violence, and repeated offences against the victim.
About the Protection of Children from Sexual Offences Act, 2012
The POCSO Act was enacted to protect children against offences of sexual assault, sexual harassment and pornography with an emphasis on safeguarding the interests and well-being of children. The Act recognizes a child as any person below eighteen years old, and the best interests and welfare of the child are paramount at every stage.
Forms and Degrees of Sexual Abuse
The Act categorises different forms of sexual abuse, including penetrative and non-penetrative assault, as well as sexual harassment and pornography. It considers a sexual assault to be ‘aggravated’ under certain circumstances, such as when the abused child is mentally ill or the abuser is someone in authority like a family member, police officer, teacher, or doctor.
Role of Police and Timeframe for Case Disposal
The police are cast in the role of child protectors during the investigative process. The Act mandates that a case of child sexual abuse must be resolved within one year from the date the offence is reported. It was updated in August 2019 to provide more severe punishments, including the death penalty, for sexual crimes against children.
