Comparative Analysis of The Operational Guidelines or Rules Under the Sexual Offences Against Children in Malaysia and India

Abstract

The Malaysian Parliament has passed special legislation, the Sexual Offences Against Children Act 2017 (Act 792). The Guidelines and the Rules of the POCSO Act 2012 provide detailed guidance on the procedure for the necessary protection of the child victim as well as a child witness to the authorities involved. The Guidelines are a very good start and it is recommended to the Legislature conduct further research with respect to the Guidelines and consider it to be promoted into a full-fledged regulation with proposed modifications attached to Act 792 to infuse it with more binding force and pro-active measures rather than reactive.