Know How to get bail in the Posco act?

What is Posco act?

Protection of children from sexual offenses act, mainly known as the Posco act, is a lawsuit aiming to punish child exploiters and protect children from all forms of sexual offenses. Although there has been legislation for child protection in a few states in India, sexual crimes against male children were often snubbed by the law, resulting in neglecting the unnatural offense. Hence Posco act was implemented on 14th November 2012 in India to counter the issues of the rising sexual violence against children of all genders. The Posco act of 2012 includes provisions that issue the safety of every child and enforce the imprisonment of offenders in both penetrative and non-penetrative sexual assault cases.

Jurisdiction of Posco act, 2012

The Posco act of 2012 set up many rules to address the escalation of child abuse cases. The rate of sexual abuse cases against children in India is 53.2 %, and 50% of offenders are said to be acquainted with the victims. Further, recent data revealed by the government of India showed that children of 5 to 12 years of age are more prone to physical and sexual abuse, which means two out of every 3 children are physically exploited. In most cases, there is contributory negligence from the victim’s side to report the incidents of sexual exploitation to the authorities. This results from poor general awareness of the Posco act and child’s rights act among most people in India. Considering this specific reason, the Ministry of Law and Justice ruled out the time limit and age bar for reporting sexual crimes against children. The victims now have the legal right to file complaints about any sexual crime incident that happened in the past. Per the rules of the Posco act, the victim’s identity and personal details must be debarred from the media. If anyone violates this rule, they may be liable to get punishment under the Posco act.

Offenses that fall under Posco Act 2012

Following are the forms of sexual offenses against children covered by the Posco act, 2012

• Penetrative sexual assault- Penetration of penis or object in the child’s vagina, anus, or mouth.

• Aggravated penetrative sexual assault- Engaging the child in forceful sexual intercourse.

• Sexual assault- Touching the child’s genitals and other private parts or making them touch the other person.

• Sexual harassment- Using direct sexual, verbal speech, or physical touch to humiliate the child.

• Pornography is using a child’s image or video for a pornographic purpose.

Are there any provisions for bail in the Posco act?

The Posco act was introduced in India to cover all child abuse cases; hence, all offences are considered non-bailable. The Posco act made provisions that are intended to punish the offenders for committing all forms of sexual crimes on children under the age of 18. In terms of an aggravated sexual offense, the offenders get a hefty amount of penalties and a minimum of 20 years of imprisonment that can be extended to a life sentence. 

However, if an offender is not proven guilty, they may get bail for short-term if the case is not that severe.

How to apply for bail in the Posco act?  

Although the chances of getting bail under the Posco act are minimal, the accused can be released if the victim fails to show evidence to the court. A person falsely accused of a child offense can draft a petition for regular bail with the help of criminal lawyers in Delhi. If the High Court dismisses the accused’s bail application, they may apply for anticipatory bail from the supreme court.

Following are the steps to apply for anticipatory bail in Posco act

• Engage with any criminal lawyers supreme court of India to apply for anticipatory bail.

• Mention all relevant facts related to the case in the bail application before drafting it

• Draft the application to the High Court or the Supreme Court of India

• Wait for the hearing of the bail application.