Question

What is the most progressive provision regarding investigation of cases of child sexual abuse under the POCSO Act?

• A. Child friendly court procedures
• B. Mandatory minimum punishment of six months imprisonment
• C. Automatic bail denial system
• D. Permanent criminal record of accused

Hint:

In legal studies, "progressive" often refers to reforms that prioritize human rights, dignity, and welfare over purely punitive or procedural aspects. The child-friendly measures of the POCSO Act are a prime example of such a progressive legal evolution.

Answer 1

The Correct Option is A

Step 1: Understanding the Concept:
The question asks to identify the "most progressive" provision related to the investigation and trial phase under the POCSO Act. A progressive provision in this context is one that is modern, child-centric, and aims to protect the victim's welfare.
Step 2: Detailed Explanation:
Let's analyze the provisions:

(A) Child friendly court procedures: This is highly progressive. The POCSO Act mandates several measures like in-camera trials, not allowing the child to come in contact with the accused, recording statements at the child's residence, use of video conferencing, and avoiding repeated questioning. These procedures prioritize the child's mental well-being over rigid legal formalities, which is a major progressive step.
(B) Mandatory minimum punishment: While the Act does have stringent punishments, focusing on punishment is a punitive approach. The question asks about the investigation/trial phase, and the most progressive aspect is the protection of the child during this phase, not just the outcome.
(C) Automatic bail denial system: This is legally untenable. While bail provisions are strict under POCSO, an "automatic" denial system would violate principles of natural justice. It is not a feature of the Act.
(D) Permanent criminal record of accused: This relates to the post-conviction phase. While important for deterrence, the child-friendly procedures during the trial are arguably more innovative and progressive in changing the nature of the justice system itself.
Step 3: Final Answer:
The comprehensive set of child-friendly court procedures is the most progressive and innovative feature of the POCSO Act during the investigation and trial process, as it fundamentally changes the way the justice system interacts with a child victim.