JOURNAL OF THE NATIONAL HUMAN RIGHTS COMMISSION, INDIA VOL. 21, 2022 Violence can occur when children are apprehended, during transfers in police vehicles, while in police custody, during pre-trial detention, and when placed in institutions before and after conviction.48 Children are more likely to become victims of crime than adults, in the criminal justice system, this must be avoided. 7. Adolescents in Criminal Justice System under Protection of Children from Sexual Offences Act, 2012 (POCSO) In order to address child sexual abuse, the POCSO Act was passed in 2012. It is the first comprehensive statute addressing child sexual abuse. The earlier IPC provisions were inadequate and not suitable for sexual abuse of children. POCSO was enacted to protect children from offences of sexual assault, sexual harassment and pornography with due regard for safeguarding the interest and well-being of children. It defines a child as any person below eighteen years of age. Some significant provisions of the POCSO Act, 2012 include: 48 60 • The Act is Gender Neutral with regard to both the accused and the child victims. • The Act has expanded the list of sexual offences against children to include all kinds of sexual offences against children that were not previously included by the Indian Penal Code. Provisions • It has included aggravated penetrative sexual assault to include punishment for abuse by a person in a position of trust or authority, such as public workers, police, members of the military forces, managers, or employees of educational or religious institutions. The 2019 amendments to POCSO Act included strengthened penalties under different provisions of the Act, including the death sentence for aggravated penetrative sexual assault. • The Act was amended in 2019. The amendment has made anti-child pornography provisions stricter. Penalties have been prescribed for possessing child pornographic material in any form involving a child. • It has included mandatory reporting for anyone who was aware of a child being sexually abused or likely to be abused. Penalties are provided for failing to report a case or for false reporting. Marta Santos Pais, Violence Against Children in the Criminal Justice System, Edited Wendy O Brien, Cedric Foussard, Routledge, USA, 2020.