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http://bangalore.citizenmatters.in/articles/how-should-a-case-of-child-abuse-be-dealt-with-under-pocso
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.