Question 1

What is the presumption of guilt under the POCSO Act?

Accepted Answer

Section 29 and 30 of the POCSO Act establish a statutory presumption of mental culpability. If a person is prosecuted for certain offenses under the Act, the Special Court presumes the accused committed the act with the requisite mental state, shifting the burden to the defense to rebut it.

Question 2

Who is considered a 'child' under the POCSO Act?

Accepted Answer

The POCSO Act defines a 'child' strictly as any person below the age of eighteen years. Consent of a minor is legally invalid, and any sexual act with a child constitutes an offense regardless of perceived consent.

Question 3

What are the procedural safeguards for a child victim during trial?

Accepted Answer

The Act mandates child-friendly procedures, including recording statements in a safe environment, barring the accused from coming face-to-face with the child during testimony, and prohibiting aggressive cross-examination that may cause harassment to the victim.

POCSO Act Defense

Overview

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