ABSTRACT
The Parliament of India has enacted special legislation, "The Protection of Children from Sexual Offences Act 2012", under Article 15(3) of Indian Constitution, which enables the state to make any special provisions relating to women and children in order to safeguard their rights. The Criminal Amendment Act, 2013 amended Section 42 and added Section 42A of POCSO Act providing an overriding effect to the act in case of inconsistency with the provisions of any other law. Hence, effective implementation of this act requires a coordinated effort among the investigating agency, prosecutors and courts. This chapter highlights the areas in which magistrates, special public prosecutors, police, the Juvenile Justice Board and Child Welfare Committee members play a vital role as protectors of the rights of children. The act provides for child-friendly procedures for reporting, investigating and conducting trials. It also examines the challenges faced by various agencies during the trial and investigation. The study has analyzed the issues arising in the application of the POCSO Act. The chapter makes a comparative study of the French criminal justice system and Indian criminal justice system.
