Government of West Bengal
D.O. No. 22-11/2012-CW-1, dated, 4th February, 2013
As you may he aware, the Protection of Children from Sexual Offences Act 2012 (32 of 2012) has come into force on the 14th November. 2012. along with the rules framed thereunder (copies of Act and Rules enclosed).
The Act is a comprehensive law to provide for the protection of children from the offences of sexual assault, sexual harassment and pornography, while safeguarding the interests of the child at every stage of the judicial process by incorporating child-friendly mechanisms for reporting, recording of evidence, investigation and speedy trial of offences through designated Special Courts.
The Act as passed by the Parliament contains a number of provisions relevant to the police forces.
Section 19 of the Act casts a duty on the police officer to promptly record a complaint made under the Act, while Section 21 prescribes punishment for any failure to do so. Section 19 also requires the police officer to report the matter to the Special Court and the Child Welfare Committee within 24 hours, and to make arrangements for the care and protection of the child as prescribed under the rules. Further, under Sections 5(a) and 9(a) of the Act. where an offence under the Act is committed by a police officer, such offence shall fall under the category of aggravated offence, for which the Act prescribes higher punishment. I request you to take appropriate measures to bring this to the notice of the police forces in your district.
In addition, under Section 43(b) of the Act. officers of the Central Government as well as the State Governments and other concerned persons (including the police officers) are to be imparted periodic training on matters relating to the implementation of the provisions of the Act. I request you to issue the necessary directions for training to Police officers and other staff of Police Stations, to enable the Police to become conversant with the provisions of the Act.
I look forward to your cooperation in this regard.
Sd/- Vivek Joshi
Encl: as above
Director General of Police of all States (except State of Jammu and Kashmir) and Police Commissioner, Delhi, Mumbai, Chennai and Kolkata.