A Critical Analysis Of Scope Of Bail Under POCSO Act

Abstract

As the world is regressing speedily, sexual abuse and minor rapes against human is increasing too. The scope of sexual abuses in the present scenario is not only limited and prevented to adult irrespective of their age or gender but it has extended to minor child who are under the age of 18 years. Despite the reality that sexual abuses and rapes against children is considered as a crime under the IPC so far the laws were inadequate in perceiving and rebuffing other sexual crimes, as a result “POCSO (Protection of Children from Sexual Offences) Act” was enacted in 2012.

In POCSO cases as per section 5 & 6, which pertains to aggravated penetrative sexual assaults, the scope of granting bail are normally low, in particular if the investigations are ongoing and there are no evidences favoring the accused. The court would concern different variables, like the cruelty of the crime, age of victim, the evidences obtainable, the possibilities of the accused tampering with the evidences or affecting the witness and the probability of the accused abscond if free on bail.

It is gender impartial but still there have been some drawbacks which have been unseen for relatively some time which is why the new amendments of POCSO are essential. The Ordinance revised S.376 of IPC and altered S.42 of the POCSO Act. In addition, this research have tried to examine the origin and change in event after the execution of the POCSO Act.

This study also tried to examine the scope and impact of the POCSO Act on Indian Society valuable suggestions for rectifying the same. The study also aimed to focus the provisions of granting bail under POCSO Act. The administrative pitfalls, drawbacks in Judiciary and delivery of Justice also critically analyzed. For this we require to study whether the criminal laws of India is sufficient to manage the cases of sexual offence and rapes against minors even after a self-governing Act such as POCSO Act, 2012.  The implication of the findings and discussions for future research, as well as, recommendations for uniform efficacious execution strategies and analyze certain disputed provisions of the aforementioned laws, shape the central part of this study.