Section 44 of THE PROTECTION OF CHILDREN FROM SEXUAL OFFENCES ACT, 2012
Original Text
44. Monitoring of implementation of Act.
(1) The National Commission for Protection of Child Rights constituted under section 3, or as the case may be, the State Commission for Protection of Child Rights constituted under section 17, of the Commissions for Protection of Child Rights Act, 2005 (4 of 2006) shall, in addition to the functions assigned to them under that Act, also monitor the implementation of the provisions of this Act in such manner as may be prescribed.
(2) The National Commission or, as the case may be, the State Commission, referred to in sub-section (1), shall, while inquiring into any matter relating to any offence under this Act, have the same powers as are vested in it under the Commissions for Protection of Child Rights Act, 2005 (4 of 2006).
(3) The National Commission or, as the case may be, the State Commission, referred to in sub-section (1), shall, also include, its activities under this section, in the annual report referred to in section 16 of the Commissions for Protection of Child Rights Act, 2005 (4 of 2006).
Visual Summary
1 The Watchdogs
The NCPCR (National level) and SCPCR (State level) are officially designated to monitor how the POCSO Act is being implemented.
2 Legal Powers
While inquiring into POCSO matters, these Commissions possess the same legal powers vested in them by the CPCR Act, 2005 (e.g., summoning witnesses).
3 Accountability
The Commissions must include their POCSO-related activities in their official Annual Report, ensuring transparency and public record.
Summary
Section 44 establishes the oversight mechanism for the POCSO Act. It mandates that the implementation of this law is not left unchecked. Instead, it assigns the responsibility of monitoring to the statutory bodies already created for child rights: the National Commission for Protection of Child Rights (NCPCR) and the various State Commissions for Protection of Child Rights (SCPCR).
This section ensures that these Commissions have the authority to investigate complaints or take suo motu cognizance of issues related to sexual offences against children. Crucially, it grants them the legal powers defined in the Commissions for Protection of Child Rights Act, 2005, allowing them to function effectively as quasi-judicial bodies when inquiring into offenses. Finally, it requires them to document their work regarding POCSO in their annual reports.
Key Takeaways
- ✓ Designated Authority: The NCPCR and SCPCR are the sole statutory bodies responsible for monitoring the POCSO Act.
- ✓ Dual Role: These commissions perform this duty in addition to their existing functions under the CPCR Act, 2005.
- ✓ Inquiry Powers: When investigating a POCSO violation, the Commissions have the powers of a civil court (e.g., summoning persons, demanding documents).
- ✓ Mandatory Reporting: Activities related to POCSO monitoring must be published in the Annual Report under Section 16 of the CPCR Act.
Process Flowchart
Practice Questions
1. Which body is responsible for monitoring the implementation of the POCSO Act, 2012?
2. Under which Act are the monitoring commissions constituted?
3. Where must the Commissions include their activities regarding the POCSO Act?
Related Provisions
Conclusion
Section 44 is a critical administrative provision that ensures the POCSO Act does not remain a paper tiger. By empowering the NCPCR and SCPCR to monitor implementation, the Act creates a feedback loop where gaps in enforcement can be identified and addressed. The requirement to include these findings in the Annual Report ensures accountability to Parliament and the public, making the protection of children a continuous and scrutinized process.