Section 1 – Protection of Children from Sexual Offences Act (POCSO) – Short Title, Extent And Commencement.

Code: Section 1 of the Protection of Children from Sexual Offences Act, 2012

(1) This Act may be called the Protection of Children from Sexual Offences Act, 2012.
(2) It extends to the whole of India,
(3) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint.

Explanation of Section 1 POCSO Act

Section 1 of the POCSO Act establishes the fundamental elements of the legislation:

• Name: The official name of the law is the “Protection of Children from Sexual Offences Act, 2012”.
• Extent: The Act applies across the entire territory of India. Initially, the state of Jammu and Kashmir was excluded, but this changed after constitutional reforms in 2019.
• Commencement: The Act does not become effective immediately upon being passed. It comes into effect on a date specified by the Central Government through a notification in the Official Gazette. In this case, the Act came into force on 14th November 2012.

This section sets the foundation for the enforceability and applicability of the Act.

Illustration

Example:
The POCSO Act was passed in June 2012. However, the Central Government decided to bring it into effect from 14th November 2012 through a formal notification. Thus, any incidents occurring before this date would not fall under the scope of this Act.

Common Questions and Answers on Section 1 POCSO Act

1. What does “extends to the whole of India” mean?
   It means that the provisions of this Act are applicable in all states and union territories of India. Post-2019, this includes Jammu & Kashmir as well.
2. When did the POCSO Act come into force?
   The Act came into force on 14th November 2012, as notified by the Central Government in the Official Gazette.
3. Why doesn’t the Act come into effect immediately after being passed?
   Some laws require administrative or procedural arrangements before implementation. Hence, the commencement date is determined separately by the government.

Conclusion

Section 1 of the POCSO Act, 2012, provides the foundational information necessary to understand when and where the Act is applicable. Although simple, this section plays a critical role in determining the enforceability of the law across the country.

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