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    Question

    Consider the following statements.  

    >1) Under POCSO, the consent of a person under the age of 18 is irrelevant 2) Protection of Children from Sexual Offences (POCSO) Act, 2012 was enacted pursuant to Article 15 of the Constitution. 3) The Act also provides for mandatory reporting of sexual offences   Which of the above statements is/are correct?  
    A 1 and 2 only Correct Answer Incorrect Answer
    B 1 and 3 only Correct Answer Incorrect Answer
    C 2 and 3 only Correct Answer Incorrect Answer
    D All of the above Correct Answer Incorrect Answer
    E 2 only Correct Answer Incorrect Answer

    Solution

    Aggravated penetrative sexual assault under the Protection of Children from Sexual Offences (POCSO) Act, 2012 is the equivalent provision for aggravated rape. A person can be charged with this offence in certain aggravating circumstances, such as if the rape occurs within a relationship of trust or authority, or if it leads to pregnancy, among others. Under POCSO, the consent of a person under the age of 18 is irrelevant, regardless of the nature and circumstance of the sexual interaction, or the particulars of the person with whom it takes place. This means that any sex with a minor is rape. The Act also provides for mandatory reporting of sexual offences. This casts a legal duty upon a person who has knowledge that a child has been sexually abused to report the offence; if he fails to do so, he may be punished with six months’ imprisonment and/ or a fine. POCSO was enacted pursuant to Article 15 of the Constitution , which allows the state to make special provisions for women and children, and the UN Convention on the Rights of the Child, to protect children from sexual assault, sexual harassment, and pornography.  

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