62 NATIONAL HUMAN RIGHTS COMMISSION infringed the penal law has at least the following stages of the proceedings. section 20 or who fails to record such offence under guarantees: 3. States Parties shall seek to promote the sub-section (2) of section 19 shall be punished with (i) To be presumed innocent until proven guilty establishment of laws, procedures, authorities imprisonment of either description which may according to law; and institutions specifically applicable to children extend to six months or with fine or with both. (ii) To be informed promptly and directly of the alleged as, accused of, or recognized as having 2. Any person, being in-charge of any company charges against him or her, and, if appropriate, infringed the penal law, and, in particular: or an institution (by whatever name called) who through his or her parents or legal guardians, and (a) The establishment of a minimum age below fails to report the commission of an offence to have legal or other appropriate assistance in the which children shall be presumed not to have the under sub-section (1) of section 19 in respect of a preparation and presentation of his or her defence; capacity to infringe the penal law; subordinate under his control, shall be punished (iii) To have the matter determined without delay (b) Whenever appropriate and desirable, measures with imprisonment for a term which may extend to by a competent, independent and impartial for dealing with such children without resorting one year and with fine. authority or judicial body in a fair hearing according to judicial proceedings, providing that human 3. The revisions of sub-section (1) shall not apply to law, in the presence of legal or other appropriate rights and legal safeguards are fully respected. 4. to a child under this Act. assistance and, unless it is considered not to be in A variety of dispositions, such as care, guidance the best interest of the child, in particular, taking and supervision orders; counselling; probation; into account his or her age or situation, his or her foster care; education and vocational training parents or legal guardians; programmes and other alternatives to institutional (iv) Not to be compelled to give testimony or to care shall be available to ensure that children confess guilt; to examine or have examined adverse are dealt with in a manner appropriate to their witnesses and to obtain the participation and well-being and proportionate both to their examination of witnesses on his or her behalf under circumstances and the offence. conditions of equality; (v) If considered to have infringed the penal law, to have this decision and any measures imposed in consequence thereof reviewed by a higher 77 Optional Protocol on the Sale of Children, Child Prostitution and Child Pornography. 78 Optional Protocol on the Sale of Children, Child Prostitution and Child Pornography. competent, independent and impartial authority or judicial body according to law; 80 Section 28 of POCSO Act,2012: Designation of Special Courts - 1. For the purposes of providing a speedy trial, the State Government shall in consultation with the Chief Justice of the High Court, by notification in the Official Gazette, designate for each district, a Court of Session to be a Special Court to try the offences under the Act: Provided that if a Court of Session is notified as a children's court under the Commissions for Protection of Child Rights Act, 2005 or a Special Court designated for similar purposes under any 79 Section 21 of POCSO Act,2012: Punishment for other law for the time being in force, then, such (vi) To have the free assistance of an interpreter if failure to report or record a case.- the child cannot understand or speak the language court shall be deemed to be a Special Court under 1. used; this section. of an offence under sub-section (1) of section 19 or (vii) To have his or her privacy fully respected at all Any person, who fails to report the commission 2. While trying an offence under this Act, a Special