
THIRUVANANTHAPURAM: Experts' opinion that the POCSO case related to the viral Kumbh Mela star may be punishable by up to life imprisonment.
Section 143 (Human Trafficking) of the Indian Penal Code (IPC) makes it an offence to traffic a person for exploitation by means of threat, force or inducement. If the trafficked person is a child, the punishment can range from 10 years to life imprisonment. The consent of the victim is not taken into account here.
Section 54 (Aid in the commission of a crime): A person who is present as an aide in the commission of a crime is deemed to have committed the crime.
Former DGP T.P. Senkumar clarified that sections of the laws ranging from the POCSO Act of 2012 to the newly enacted Indian Code of Criminal Procedure can be imposed. Section 19 of the POCSO Act can be imposed. According to this, anyone with knowledge or suspicion of sexual violence committed or likely to be committed against a child must report it to the police or the Special Juvenile Police Unit. Failure to report this is punishable.
Section 337 (Forgery of a document): Forging government documents or identity documents is an offence punishable with imprisonment up to 7 years.
# Section 234 (Issuance of a false certificate): Knowingly issuing a false certificate is also punishable. Those who helped in preparing a false birth certificate will also be accused. Prakash Uiyke, legal advisor to the Central ST Commission, clarifies that there is a conspiracy in the incident.
# Following the POCSO case, charges of Scheduled Caste atrocities will also be filed. SC/ST (Prevention of Atrocities) Act, 1898: If atrocities are committed against members of the Scheduled Caste/Scheduled Tribe community based on their caste, the accused can be imprisoned for up to life imprisonment.
# Bharatiya Nyaya Samhita (BNS), 2023Section 96 (Enticing children for sexual purposes): This includes inducing children below the age of 18 for sexual exploitation or wrongful purposes. Punishment: Imprisonment up to 10 years and a fine. Taking a child without parental consent is punishable by imprisonment for up to 7 years under Section 137.
# Child Marriage Prohibition Act- Section 9: Whoever marries a girl below the age of 18 or a boy below the age of 21 shall be punished with rigorous imprisonment for a term which may extend to 2 years and a fine of Rs. 1 lakh. Section 12 states that child marriages contracted by force, fraud, or abduction shall be null and void from the outset.