VIBGYOR – POCSO ACT 2012

Dear friends,

following the incident at VIBGYOR Bangalore, its Charmain has been arrested. Here is a news article which talks about POSCO ACT and we all should know about it. I am copy pasting the content from 

http://bangalore.citizenmatters.in/articles/vibgyor-rustum-kerawala-arrested-bangalore-rape-case-posco

He has been booked under section 23 of Juvenile Justice Act for cruelty to the child, section 21 of the Prevention Of Children from Sexual Offences act (POCSO) act for not reporting rape to police, and section 201 of IPC for destroying evidence.

This means that Rustum Kerawala might face imprisonment upto seven years for destroying evidence of rape, if he is convicted. It also means that he will face imprisonment upto six months and/or fine, for wilfully neglecting the child and causing physical / mental harassment, and for not reporting rape to police or Child Welfare Committee.

“We are probing other staff members as part of investigations. We are trying to normalise the situation, and reopen the school on next Monday,” said Reddi. He added that all such cases should immediately be brought into the notice of the police.

When Citizen Matters asked whether there was enough forensic evidence in case of Mustafa, M N Reddi said, “We cannot reveal that.” When asked why is it taking so much time to arrest the second accused, Reddi said it was because it was a heinous crime and needs enough evidence.

Charges against Vigyor chairman under POSCO act

Section 21(2) of the POSCO law goes into offence comitted by heads of institutions such as the specific case of Vibgyor High School.

Any person, being in-charge of any company or an institution (by whatever name called) fails to report the commission of an offence in respect of a subordinate under his control, shall be punished with imprisonment for a term which may extend to one year and with fine.  21(2)

Bangalore police have arrested Rustum Kerawala under Section 21, in addition to other IPC codes.

POCSO section 19 and 20 refer to rules regarding intimating the police, and punishment for the offence of not intimating.

Any person whether a parent, doctor, school personnel, who has any knowledge, or even apprehension of the fact that a sexual offence has been committed must notify the Special Juvenile Police Unit or the local police.” — 19(1)

Any person, who fails to report an offence or who fails to record such an offence (in this case it is the police unit who are suppose to record the case) shall be punished with imprisonment which may extend to six months or with fine or with both. — 20(1)

The POSCO Act is a special law, which has not specified which offences are cognizable. Therefore to determine which of the POCSO Act offences are cognizable and non-bailable, reliance must be placed exclusively on Part II (Classification Of Offences Against Other Laws), First Schedule of the Code of Criminal Procedure, 1973.

Whenever the punishment is less than three years of imprisonment, the offence would be non-cognizable and bailable. Any higher term of imprisonment beginning from three years and above would make such offence cognizable and non-bailable. Hence all sections are cognizable, with the exception of section 21 and 22 which are non cognizable and bailable offences.

What do other charges mean?

Police have slapped addition charges on Kerawala as part of his arrest, Section 23 of the Juvenile Justice law  and Section 201 of the IPC.

The charge on the juvenile justice law has to do neglect or wilful abandonment of the child likely to cause mental or physical suffering. The charge on IPC 201 is grave and has to do with destruction of evidence.

Section 201 in The Indian Penal Code

201. Causing disappearance of evidence of offence, or giving false information to screen offender — Whoever, knowing or having reason to believe that an offence has been committed, causes any evidence of the commission of that offence to disappear, with the intention of screening the offend­er from legal punishment, or with that intention gives any infor­mation respecting the offence which he knows or believes to be false; if a capital offence.—shall, if the offence which he knows or believes to have been committed is punishable with death, be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine; if punishable with imprisonment for life.—and if the offence is punishable with 1[imprisonment for life], or with imprisonment which may extend to ten years, shall be punished with imprison­ment of either description for a term which may extend to three years, and shall also be liable to fine; if punishable with less than ten years’ imprisonment.—and if the offence is punishable with imprisonment for any term not extend­ing to ten years, shall be punished with imprisonment of the description provided for the offence, for a term which may extend to one-fourth part of the longest term of the imprisonment pro­vided for the offence, or with fine, or with both.

Example: Suppose A, knowing that B has raped the child, destroys the evidence of rape. If B is sentenced with life or death, A will get imprisonment upto seven years and a fine. If B is sentenced with imprisonment upto 10 years, A would get imprisonment upto three years and the fine. If A is sentenced for any period less than 10 years, B would get one-fourth of that sentence and fine.

Section 23 in The Juvenile Justice (Care and Protection of Children) Act, 2000

23. Punishment for cruelty to juvenile or child.— Whoever, having the actual charge of, or control over, a juvenile or the child, assaults, abandons, exposes or wilfully neglects the juvenile or causes or procures him to be assaulted, abandoned, exposed or neglected in a manner likely to cause such juvenile or the child unnecessary mental or physical suffering shall be punishable with imprisonment for a term which may extend to six months, or fine, or with both.

 

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One comment on “VIBGYOR – POCSO ACT 2012

  1. Bindu says:

    Reblogged this on ತೆರೆದ ಪುಟ.

    Like

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