POCSO: Child Sexual Abuse Reporting & Rights
What you need to know
The Protection of Children from Sexual Offences (POCSO) Act, 2012 is a special Indian law that protects children (persons below 18 years) from sexual assault, harassment, and exploitation. Reporting under POCSO is mandatory — any person who has knowledge of a POCSO offence is legally obligated to report it to the police or local authorities, failing which they can themselves be prosecuted. Cases are tried by specially designated Special Courts, and the child's identity must be kept confidential throughout the process. The law is child-friendly: statements can be recorded at home, a support person can accompany the child, and cross-examination must not be intimidating.
Your rights
Child has the right to have their identity kept strictly confidential — media cannot publish name, photo, or any identifying detail
Child victim is entitled to free legal aid, a support person of their choice, and medical examination by a female doctor (for girl child)
Any person (teacher, neighbour, relative) who suspects abuse is legally bound to report it to the police or CHILDLINE; non-reporting is a criminal offence
Bail to the accused is generally restricted; Special Court must hear the case on a day-to-day basis and conclude within one year
What you should do now
Action firstReport to police immediately
- Call 100 or go to the nearest police station and give a written complaint — police MUST register an FIR under POCSO; they cannot refuse
- Alternatively call CHILDLINE on 1098 (free, 24x7) — they will assist with reporting, shelter, and legal aid
- Do NOT delay reporting; seek medical help for the child at a government hospital — medical examination is free and evidence must be preserved
Protect the child and preserve evidence
- Do not coach the child or repeatedly question them — note down what the child said spontaneously in your own words with date and time
- Preserve any physical evidence (clothing, messages, photos) and hand over originals to police with acknowledgement
- Ensure the child is not in contact with the accused — seek a protection order from the Special Court if needed
Engage legal and support services
- Apply for free legal aid from the District Legal Services Authority (DLSA) — the child is entitled to a lawyer free of cost
- Request the court to appoint a support person (NGO representative, social worker) to accompany the child during all proceedings
- Contact a POCSO-specialised NGO (e.g., HAQ Centre, Tulir, Enfold) for counselling and case monitoring
File a complaint if police refuse to act
- Send a written complaint to the Superintendent of Police (SP) or file a complaint before the Judicial Magistrate under Section 156(3) CrPC / BNSS
- File a complaint with NCPCR or your State Commission for Protection of Child Rights (SCPCR) for institutional failure
- If media publishes the child's identity, file a complaint with the Press Council of India or report to police under Section 23 POCSO
Acts applicable
Protection of Children from Sexual Offences Act, 2012
centralSections 3–22 (offences), Section 19 (mandatory reporting), Section 28 (Special Court)
Indian Penal Code, 1860 / Bharatiya Nyaya Sanhita, 2023
centralSections on assault, cruelty, applicable alongside POCSO
Juvenile Justice (Care and Protection of Children) Act, 2015
centralSection 27 (Child Welfare Committee jurisdiction)