JOURNAL OF THE NATIONAL HUMAN RIGHTS COMMISSION, INDIA VOL. 21, 2022 followed by cases registered under the Protection of Children from Sexual Offences (POCSO) Act.2 Further, the NCRB report revealed that of the total cases, 53,874 were registered under POCSO Sections. Sexual offences against children shows a steady ascent, with 47,221 such cases being recorded in 2020, and 47,335 cases in 2019.3 In 2019, as many as 32,269 cases were registered across the country, while the 2021 report registered a decline of 3.5 per cent recording 31,170 cases.4 The Criminal Justice system of any country broadly refers to agencies of the government charged with enforcing law, adjudicating crime, and correcting criminal conduct. The main objective of the criminal justice system is ‘deterrence’, i.e., to punish the ‘transgressors and the criminals’ and to maintain law and order in the society. Globally, children and young people are routinely exposed to various forms of violence if they are before the criminal justice system. They are at risk of physical and psychological abuse, sexual assault, and other harms, including inadequate educational opportunities, poor and outdated vocational training. They face several challenges including mental, emotional, and behavioural disorders. Children, who are victims of violence or exposed to violence during childhood, are more likely to have difficulty in school, abuse drugs or alcohol, act aggressively, suffer from depression or other mental health problems and engage in criminal behaviour as adults. 2. Minimum Age of Criminal Responsibility Criminal liability means when a person can be held legally responsible for breaking the law. The Minimum Age of Criminal Responsibility (MACR) is the age below which a person cannot be held criminally responsible. According to the Indian Penal Code (IPC), 1860, the age of criminal responsibility is 12 years.5 A child between 7 to 12 years of age has the defence of ‘doli incapax’ if it is proved that the child didn’t have the maturity to understand the crime. 2 3 4 5 48 The Protection of Children from Sexual Offences Act is a comprehensive Act that came into force in November 2012. The Act deals with offences related to children. This Act addresses heinous crimes and protects a child from sexual assault, sexual harassment and pornography. The enactment of this Act increased the scope of reporting sexual crimes against children. The POCSO Act, 2012, lays down the punishment for exposing children to any kind of sexual offence. The POCSO Act punishment is more stringent and covers all types of sexual abuse. See https://www.indiacode.nic.in/handle/123456789/2079?sam_handle=123456789/1362, visited on September 10, 2022 National Crime Records Bureau, Ministry of Home Affairs, Government of India, New Delhi, 2022, https://ncrb.gov.in/en/crime-in-indiatable-addtional-table-and-chapter-contents, visited on Sept. 18, 2022. A Special Home is an institution that is responsible for “housing and providing rehabilitative services” to children, who have been found guilty of a crime and ordered by the JJB or the Children’s Court. Section 82 in The Indian Penal Code (IPC) – Nothing is an offence, which is done by a child under seven years of age.