Professional Documents
Culture Documents
Abuse
for Mental Health
Professionals
By
Dr.Jagadeesh.N
MBBS, MD, DNB, LLB, PGDMLE
POCSO 2012
Sec 3 Penetrative Sexual assault
Person said to commit
- with a child
penetrates Penis vaginal /mouth /anal /
urethral
- inserts object / any part of
body.
- Manipulates part of body of child..
- Applies his mouth penis. Or viceversa
Sec 4 - 7 yrs to Life imprisonment, fine
2
POCSO 2012
Sec 5 Aggravated Penetrative
Sexual assault
Police, Public servant, Armed forces, Jail,
remand home, Hospital, educational/
religious institute, Gang, deadly weapons,
communal riots, Pregnant, 12 yrs,
Physical or mental disability, repeats
with same child, stripping naked
Sec 6
POCSO 2012
Sec 7 Sexual assault
Sexual intent touch vagina, penis, anus, breast or
vice versa without penetration
Sec 8 - 3yrs to 5yrs, fine
Sec 9 Aggravated Sexual assault
Police, Public servant, Armed forces, Jail, remand
home, Hospital, educational/ religious institute,
Gang,
deadly
weapons,
communal
riots,
Pregnant, 12 yrs, Physical or
mental
disability, repeats with same child, stripping
naked
Sec 10 -5yrs to 7yrs, fine
4
POCSO 2012
Sec 11 Sexual harassment
Sexual intent - Word, sound, gesture,
porn
Sec 12 -3yrs, fine
Yes /No
Yes /No
is required to inform
Yes /No
I have understood the purpose and the procedure of the examination including the risk and
refuse
has
Purpose of Medical
examination
Evidence based model ----- TREATMENT model
Rule 5 POCSO. Injuries, STDs HIV, pregnancy,
Emergency Contraception, psychological
counseling
Section 357 C CrPC
.. First aid / treatment,
free of cost
Sec 33(8) & Rule 7 POCSO Special Court
Comprehensive care
Informed Consent & Documentation
Physical & surgical needs
Emergency contraceptive & pregnancy
advice
Mental assessment & Counseling
RapeTrauma Syndrome (PTSD) - CSA
Accomodation syndrome
STD care including HIV & Hepatitis B
Rehabilitation shelter homes /
occupation / monetary relief
Follow up delayed injuries / STD
9
Is it mandatory to inform
police?
Mandatory reporting under POCSO Act 2012
Sec 19 less than 18 yrs (Child cannot
report/complain so responsibility on surrounding Adult)
Problems of Mandatory
reporting
11
Is it mandatory to go to Government
hospital for Sexual Assault examination?
Sec 357 C CrPC & WCD guidelines
..Public or Private
Central
Govt, State Govt, Local body, Any person
Rule 5 POCSO Nearest Hospital
Sec 27 POCSO .. As per Sec 164 A CrPC
Sec 164 A CrPC Absence of Govt..
Any RMP
12
Is presence of injuries a
must??
WHO evidence 30%
Bowyer L, Dalton ME. Female victims of rape and their genital injuries. J
ObstetGynaecol.1997;104:617-620
mean consented
WCD guidelines - in CSA often No physical injuries
13
Sec 41 POCSO?
The provisions of sections 3 to 13 (both inclusive)
shall not apply in case of medical examination or
medical treatment of a child when such medical
examination or medical treatment is undertaken
with the consent of his parents or guardian.
Child wants examination but parents oppose?
Consent for Sexual Intercourse V Medical Exam?!!!
Section 375 IPC excludes all medical examinations
Sec 42A POCSO
17
19
Expert witness
Section 45 IEA
When the Court has to form an opinion upon a
point of foreign law, or of science, or art, or as
to identity of hand writingor finger-impressions,
the opinions upon that point of persons specially
skilled in such foreign law, science or art,or in
questions as to identity of handwritingor finger
impressions, are relevant facts.
Such person called experts.
20
POCSO 2012
Sec 19 of POCSO Act 2012 .. Any
person ..likely offence or offence
Sec 20 of POCSO Act 2012.
Hospital .. Material /object
Sexually exploitative
Failure to report
Sec 21 .. 6 months . Any
person
... 1 year
incharge of hospital
21
POCSO 2012
Sec 27 Medical examination
- voluntary reporting
- Informed consent
- woman doctor girl child
- parent / trusted person ?
Hospital
Rule 5 -Treatment of
injuries, STD, HIV, pregnancy,
emergency contraceptives, mental
counseling
22