Power under Protection of Children from Sexual Offence Act 2012
and Rule made there under
( POCSO )

Under Section 44 of the said Act Commission has power to monitoring of implementation of Act. The Act prescribed as 44
  1. 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 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 Commission for Protection of Child Rights Act, 2005 (4 of 2006).
  3. 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).
Under the Protection of Children from Sexual Offence Rule 2012, the Commission has following powers :

Provision of Rule prescribed as

6. The State Commission for the Protection of Child Rights (hereafter referred to as “SCPCR”), shall in addition to the functions assigned to them under the Commissions for Protection of Child Rights Act, 2005, perform the following functions for implementation of the provisions of the Act -

  1. To monitor the designation of special Courts by State Governments
  2. To monitor the appointment of Public Prosecutors by State Governments
  3. To monitor the formulation of the guidelines described in section 39 of the Act by the State Governments, for the use of non-governmental organisations, professionals and experts or persons having knowledge of psychology, social work, physical health, mental health and child development to be associated with the pre-trial and trial stage to assist the child, and to monitor the application of these guidelines
  4. To monitor the designing and implementation of modules for training police personnel and other concerned persons, including officers of the Central and State Governments, for the effective discharge of their functions under the Act
  5. To monitor and support the Central Government and State Governments for the dissemination of information relating to the provisions of the Act through media including the television, radio and print media at regular intervals, so as to make the general public, children as well as their parents and guardians aware of the provisions of the Act

2. The SCPCR, may call for a report on any specific case of child sexual abuse falling within the jurisdiction of a CWC.

3. The SCPCR, may collect information and data on its own or from the relevant agencies regarding reported cases of sexual abuse and their disposal under the processes established under the Act, including information on the following:-

  1. number and details of offences reported under the Act
  2. whether the procedures prescribed under the Act and rules were followed, including those regarding timeframes
  3. details of arrangements for care and protection of victims of offences under this Act, including arrangements for emergency medical care and medical examination and details regarding assessment of the need for care and protection of a child by the concerned CWC in any specific case.

4. The SCPCR, may use the information so collected to assess the implementation of the provisions of the Act. The report on monitoring of the Act shall be included in a separte chapter in the Annual Report of the SCPCR.