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How should a case of child abuse be dealt with under POCSO?


What needs to happen when a case of child sexual abuse is reported? The POCSO Act looks to secure quick
justice without causing any additional trauma to the victim of child sexual abuse.
Bengaluru has seen several cases of child sexual abuse in past month. Many parents and schools are
apprehensive about coming out in the open, when a case of sexual abuse occurs. The social stigma, the pressure
of interacting with police, not being sure about whom to contact etc are the issues generally faced. Above all, the
very thought of the child having to re-live the incident during the investigation, is scary to many parents. This writeup is an attempt to explain how easy and child-friendly the law really is towards the child.
A 2007 study on child abuse, by the Ministry of Women and Child Development threw up a shocking statistic - of a
sample of about 12,500 children, 53.22% reported having faced one or more forms of sexual abuse. The Public
Information Bureau, Government of India, estimates that over one-third of Indias population (around 42%), is
comprised of children below the age of 18 years.
Understanding that child sexual abuse was a problem that needed to be addressed, the Ministry of Women and
Child Development championed the introduction of a specific law to address this offence. The Protection of
Children from Sexual Offences Act - 2012 (POCSO) received the Presidents assent on June 19th 2012 and was
notified in the Gazette of India on 20th June, 2012.
What is the POCSO Act?
The Protection of Children from Sexual Offences (POCSO) Act addresses crimes of sexual abuse and sexual
exploitation of children. The Act prescribes five sexual offences against children - penetrative sexual assault,
aggravated penetrative sexual assault, sexual assault, aggravated sexual assault, sexual harassment, and using
a child for pornographic purposes, and prescribes the punishment for these offences. It calls out that abetment of
or an attempt to commit these offences is punishable under the Act.
Click here to view the POCSO Act 2012 .
Also read the Model Guidelines as prescribed under the POCSO Act, for use by professionals and experts
handling a case of Child Sexual Abuse.
Medical examination of the child
As per POCSO, once it has come to knowledge that a crime has been committed against a child, the child should
be taken immediately for a medical examination. The examination must be conducted by a registered medical
practitioner at a government hospital or a hospital run by a local authority, within 24 hours from the time of
receiving information about an offence. This can be conducted, irrespective of whether an FIR has been filed or
not. In the case of a girl child, the examination must be conducted by a woman doctor. The examination must be
conducted in the presence of a parent or any other person that the child trusts. In case such a person is not
present, the head of the hospital should appoint a lady who can stand in.
Two kinds of examinations will be conducted at the hospital - one to collect evidence, and the other to document
injuries, markings, bruisings, etc. If it is a recent event, it is imperative that the medical examination is conducted
as early as possible, so that no evidence is lost while passing urine, motion or if its an oral assault by washing.
The clothes that the child wore at the time of the incident must be handed over to the police, without being
washed.
If the child is bought for a medical exam post 96 hours after the assault has occured, an exam to document any
injuries, bruises, nature of injury, and possible causes by which the injuries might have been caused etc. will need

to be carried out, even if samples and swabs are not collected,.


The hospital must then document this in the medico-legal records and report the incident to the police.
Reporting a case of Child Sexual Abuse (CSA)
Under Section 19.1 of the POCSO Act, any person who has apprehension that an offence is likely to be committed
or has knowledge that an offence has been committed, should bring the incident to the notice of the Special
Juvenile Police Unit (SJPU) or the local police. The failure to report such an offence, is punishable with
imprisonment of upto six months or fine or both. This penalty is, however, not applicable to a child less than 16
years of age. For easy reach, if one calls Childline on 1098, they will connect the concerned to the police and
Child Welfare Committee.
The police should record the report in writing, ascribe an entry number, read the report over to the informant for
verification, and enter it in a book. A FIR must be registered and a copy of the same should be handed over to the
informant free of charge.
If the case is reported by a child, it should be recorded in a language that the child can understand. If the child
cannot understand the language, the police must appoint a translator or an interpreter.
What should the police or Special Juvenile Police Unit do?
Within 24 hours of the reporting of the case, the police must:
1. Determine if the child is in need of care and protection. The child should be produced before the Child
Welfare Committee (CWC) if he/she is found to be in need of care and protection or has no parental
support.
2. If the medical examination has not been conducted, ensure it is done and that samples are collected for
forensic tests.
3. In case urgent medical attention is required, the child should be taken to the nearest hospital.
4. The matter must be reported to the CWC and the Special Court. In case a Special Court has not been
designated, it must be reported to a Sessions Court.
The police should also inform the child and his guardian about the following:
Availability of support services including counselling.
Right to legal aid and representation.
Availability of public and private emergency and crisis services.
Availability of victims compensation benefits.
Developments in the case, including arrest of the accused, applications filed, and court proceedings.
Procedural steps involved in a criminal prosecution.
Status of the investigation of the crime, to the extent it is appropriate to inform the victim and to the extent
that it will not interfere with the investigation.
Rendering of a verdict after trial.
Sentence imposed on an offender.
Filing of charges against a suspected offender.
Bail, release or detention status of an offender or suspected offender.
Schedule of court proceedings that the child is either required to attend or is entitled to attend.
What is the role of the Child Welfare Committee (CWC) under the POCSO Act?
If the police/SJPU report indicates that a child is in need of care and protection, the CWC should decide whether

the child needs to be removed from the custody of his family and placed in a childrens home/shelter, within three
days. The family and custodian of the child must be informed that such a process in underway. The CWC must
also consider the preference of the child and the need for the child to remain with family (in case of age, disability
etc).
The CWC can provide support to the child during the course of the investigative and trial. The support person can
be an individual or organisation working in the field of child rights, or an official from the shelter where the child is
placed or an individual employed by the District Child Protection Unit (DCPU).
Recording of the childs statement by the police
The childs statement must be recorded at his/her place of residence or at a place of the childs choice. The
statement must be recorded in the presence of the childs parents or an other person of the childs choice. The
police must not be in uniform when they visit the childs residence. As far as possible, the statement should be
recorded by a woman police officer, not below the rank of a sub-inspector, and by audiovisual means.
If necessary, the assistance of a qualified interpreter or translator can be taken while recording the statement.
The police should ensure that the child does not come in contact with the accused. Additionally, the child must be
protected from the media, unless directed by the Special Court, in the interest of the child.
If the police needs to record the statement of a disabled child, the assistance of a qualified special educator or a
person familiar with the manner of communication of the child or an expert in that field, must be sought.
Recording of the childs statement by the magistrate
Under Section 164 of the Code of Criminal Procedure (CrPC), a magistrate should record the statement of a child
in the exact language spoken by the child. The statement must be recorded in the presence of the childs parents
or an other person of the childs choice. The assistance of a qualified translator or interpreter can be taken and as
far as possible, the statement must be recorded by audiovisual means. The Magistrate should also ensure that
the child and the parents or representative are given a copy of the police report on the matter.
While recording the statement of a disabled child, the assistance of a qualified special educator or a person
familiar with the manner of communication of the child or an expert in that field, must be sought.
What is the Special Court supposed to take care of during the trial?
The trial at the Special Court must be conducted in-camera and in the presence of the childs parents or any other
person of the childs choice.
During the course of the trial, all questions that the Special Public Prosecutor or the counsel for the accused, have
for the child should be communicated to the Special Court, who in turn will put the questions to the child.
Under Section 35 of the Act, the evidence of the child should be recorded within a period of thirty days of the
Special Court taking cognisance of the offence. Any reasons for delay in doing so, should be recorded.
The Special Court should ensure that the child is not exposed to the accused, and arrange for the accused to
hear the childs statement and communicate with his lawyer. This is typically done by recording the evidence
through video-conferencing or by using single visibility mirrors or curtains.
While recording the evidence of a disabled child, the assistance of a qualified special educator or a person
familiar with the manner of communication of the child or an expert in that field, can be sought.
Responsibilities of the Special Court
Under the POCSO Act, the Special Court must take the following measures at the time of the trial.
Permit frequent breaks for the child

Create a child-friendly atmosphere by allowing a family member or any person the child trust to be present
Ensure that the child is not summoned to testify time and again
Ensure that the dignity of the child is maintained by disallowing aggressive questioning or character
assassination of the child
Ensure the identity of the child is not disclosed during the investigation or trial
As far as possible, ensure that the trial is completed within one year from the date of taking cognisance of
the offence.
The Special Court is also in a position to order interim compensation to meet the relief and rehabilitation needs of
the child, any time after the FIR is registered. This order can be passed based on an application by or on behalf of
the child, or by the court itself. The compensation that is awarded is payable by the State Government from the
Victims Compensation Fund or other similar schemes that have been established for compensating victims under
Section 357A of the Code of Criminal Procedure and is payable within 30 days of the receipt of the order.
What is the role of the Commission for Protection of Child Rights?
The National and State Commission for Protection of Child Rights, as per the POCSO Act, needs to ensure the
following:
Monitor the implementation of the POCSO Act
Conduct enquiries if there is an offence under the Act
Monitor the work of various agencies of the State - the police, judiciary and child protection machinery that work together
Call for reports of specific case falling within the jurisdiction of a CWC
The Commissions can also make recommendations to the government to initiate proceedings for
prosecution, recommend interim relief, or make any other recommendations to effectively redress matters.
Towards a safer future for the children of India
The POCSO Act has been formulated, so as to keep the best interests of the child in mind.
The Act allows different agencies of the State - the police, judiciary and child protection machinery - to work
together, in order to secure justice for the sexually abused child and begin the process of rebuilding the childs life
and future, by causing as little distress as possible to the child.
The Act also seeks to bring about a system that encourages victims of CSA, bring their offenders to task, as well
as get assistance in overcoming their trauma.
Hopefully in time, the grievance redressal system that the Act facilitates, will play its part, in reducing the instance
of child sexual abuse on India.
Authors note: This article has been put together using content prepared by Centre for Child and the Law (CCL),
a specialised research centre of the National Law School of India University (NLSIU), Bangalore. Thanks to Kushi
Kushalappa, Head - Community Projects, Enfold India for her assistance in understanding the procedures
stipulated under the POCSO Act as well.
Ganga Madappa is Staff Reporter and Community Manager, Citizen Matters. She loves cats and books and
travelling.

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