Section 44 POCSO: Monitoring of implementation of Act

Protection of Children from Sexual Offences Act, 2012

Section 44 POCSO at a Glance

Section 44 POCSO tasks the National Commission and State Commissions for Protection of Child Rights with monitoring the implementation of POCSO. While inquiring into any POCSO offence matter, these Commissions hold their powers under the 2005 Act and must report their POCSO activities annually.

Section 44 POCSO Bare Act 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).

Section 44 POCSO in Simple Words

Section 44 POCSO assigns the duty of monitoring the implementation of the Protection of Children from Sexual Offences Act, 2012 to the National and State Child Rights Commissions. Under Section 44(1) POCSO, the National Commission for Protection of Child Rights (constituted under Section 3 of the Commissions for Protection of Child Rights Act, 2005) or the State Commission for Protection of Child Rights (constituted under Section 17 of the Commissions for Protection of Child Rights Act, 2005) must, in addition to the functions assigned under that 2005 Act, monitor the implementation of the provisions of POCSO in such manner as may be prescribed.

Under Section 44(2) POCSO, while inquiring into any matter relating to any offence under POCSO, the National Commission or the State Commission referred to in Section 44(1) POCSO has the same powers as are vested in that Commission under the Commissions for Protection of Child Rights Act, 2005 (4 of 2006).

Under Section 44(3) POCSO, the National Commission or the State Commission must also include its activities under Section 44 POCSO in the annual report referred to in Section 16 of the Commissions for Protection of Child Rights Act, 2005 (4 of 2006).

When Section 44 POCSO Applies

  • Under Section 44(1) POCSO, the National Commission for Protection of Child Rights (constituted under Section 3 of the Commissions for Protection of Child Rights Act, 2005) or the State Commission for Protection of Child Rights (constituted under Section 17 of that 2005 Act) must monitor the implementation of POCSO in the prescribed manner, in addition to the functions assigned under the 2005 Act.
  • Under Section 44(2) POCSO, while inquiring into any matter relating to any offence under POCSO, the National Commission or the State Commission has the same powers vested in it under the Commissions for Protection of Child Rights Act, 2005.
  • Under Section 44(3) POCSO, the National Commission or the State Commission must include its activities under Section 44 POCSO in the annual report referred to in Section 16 of the Commissions for Protection of Child Rights Act, 2005.

FAQs on Section 44 POCSO

What is Section 44 POCSO?▼

Section 44 POCSO requires the National Commission for Protection of Child Rights and the State Commissions for Protection of Child Rights to monitor the implementation of the provisions of POCSO in the prescribed manner. It also grants these Commissions their powers under the Commissions for Protection of Child Rights Act, 2005 while inquiring into any matter relating to a POCSO offence, and requires them to include their Section 44 POCSO activities in the annual report.

Which bodies are responsible for monitoring the implementation of POCSO under Section 44(1) POCSO?▼

The National Commission for Protection of Child Rights and the State Commissions for Protection of Child Rights are responsible under Section 44(1) POCSO. These Commissions are constituted under Section 3 and Section 17 of the Commissions for Protection of Child Rights Act, 2005 (4 of 2006).

What powers do the Child Rights Commissions have when inquiring into a matter relating to a POCSO offence under Section 44(2) POCSO?▼

The Commissions have the same powers as are vested in them under the Commissions for Protection of Child Rights Act, 2005 (4 of 2006). Section 44(2) POCSO confers these powers whenever the National Commission or the State Commission inquires into any matter relating to any offence under POCSO.

Where must the Commissions report their activities carried out under Section 44 POCSO?▼

In the annual report referred to in Section 16 of the Commissions for Protection of Child Rights Act, 2005 (4 of 2006). Section 44(3) POCSO requires the National Commission or the State Commission to include its activities under Section 44 POCSO in that annual report.

Have questions about Section 44 POCSO?

Ask NyayGuru about your situation and get an answer based on the Protection of Children from Sexual Offences Act, 2012.

Ask NyayGuru →

Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

Sources: Bare Act Text, Protection of Children from Sexual Offences Act, 2012 (India Code) ·