POCSO case: what parents need to know

If your child has told you something that frightens you, the first thing to do is believe them, stay calm in front of them, and keep them safe. The second is to report it. A POCSO case starts with information to the police, and the law is built to protect your child at every step that follows.

The Protection of Children from Sexual Offences Act, 2012 (POCSO) covers any sexual offence against a person under 18. It sets out how the police must record your child’s statement, how doctors must examine them, and how the court must hear them. Most parents do not know these protections exist, so they do not ask for them. This article explains what you can expect and what you can insist on.

You have the right to be with your child when the statement is recorded and during the medical examination.

Reporting is a legal duty

Under Section 19 of POCSO, anyone who knows or suspects that a sexual offence against a child has happened, or is likely to happen, must tell the police (or the Special Juvenile Police Unit). This includes parents, teachers, school managements and doctors. Failing to report is itself an offence under Section 21. A report made in good faith cannot lead to any case against the person reporting.

You can go to the nearest police station. You do not have to go to the station where the incident happened. Ask for the complaint to be registered as an FIR and for a copy.

Within 24 hours, the police must report the case to the Child Welfare Committee (CWC) and the Special Court, including whether your child needs care and protection and what steps have been taken.

How the police must take your child’s statement

Section 24 sets the rules. As far as practicable:

• the statement is taken at your home or a place your child chooses
• by a woman police officer not below the rank of sub-inspector
• the officer is not in uniform
• your child must not come into contact with the accused
• your child must not be kept in a police station at night for any reason
• your child’s identity must be kept from the media

You or another adult your child trusts can be present (Section 26). Where possible, the statement is also recorded on video, so your child does not have to repeat it again and again.

Medical examination

Under Section 27, the medical examination can happen even before an FIR is registered. If the child is a girl, it must be done by a woman doctor. A parent or a person the child trusts must be present. If no such person can be there, the head of the hospital nominates a woman to be present. Treatment and the child’s comfort come first.

Statement before the magistrate

The police will usually take your child to a magistrate to record a statement under Section 183 BNSS (old Section 164 CrPC). Under Section 25 of POCSO, the magistrate records it as spoken by the child. The accused’s lawyer cannot be present. You or a trusted adult can be. Once the police file the chargesheet, you and your child are entitled to a copy of the papers.

Support person, lawyer and the CWC

The Child Welfare Committee can appoint a support person for your child, with your consent, under the POCSO Rules, 2020. A support person helps the child and family through the investigation and trial: explaining what is happening, going with the child to the police and court, and connecting you with counselling. You can ask for one, and you can ask for the support person to be withdrawn if you prefer.

Under Section 40, your family is entitled to a lawyer of its choice to assist the prosecution. If you cannot afford one, the Legal Services Authority must provide a lawyer.

The Special Court and how the trial runs

POCSO cases are tried by a Special Court, which is a Sessions Court designated for each district (Section 28). The trial has safeguards for the child:

• the trial is held in camera, with only those needed present, and a parent or trusted person with the child (Section 37)
• the child does not see the accused while testifying, through a screen, curtain or video link (Section 36)
• the defence lawyer’s questions go through the judge, and the child gets breaks when needed (Section 33)
• the child is not called to court repeatedly, and the court must not allow aggressive questioning or character assassination
• the child’s name, school, address and family details cannot be disclosed. Media that do so can be punished (Section 23)

Timelines

In practice, trials often take longer than a year. The Karnataka High Court has treated these limits as directions to move quickly, not as deadlines that end the case if missed. If your case is stuck, the prosecutor or your lawyer can ask the court to prioritise the child’s evidence.

Compensation

The Special Court can order interim compensation at any stage after the FIR, for the child’s relief and rehabilitation, under Rule 9 of the POCSO Rules, 2020. It can award final compensation under Section 33(8). The amount is paid through the state’s victim compensation scheme under Section 396 BNSS (old Section 357A CrPC), administered by the District Legal Services Authority. The CWC can also recommend immediate help for urgent needs like food, clothing and transport.

The rights of the accused

A POCSO case is still a criminal trial. The accused is entitled to a lawyer, to apply for bail, to see the evidence, and to have witnesses cross-examined, though questions to the child go through the judge. The law presumes certain facts against the accused once the prosecution proves the basic case, so the defence has real work to do. A complaint made falsely and with intent to humiliate, extort or defame is punishable under Section 22, but a child who makes a false complaint can never be punished.

If someone in your family has been accused, the first steps are similar to any serious case: see our pages on regular bail and the criminal lawyer page.

Questions people ask

What happens after a POCSO complaint is filed?

The police register an FIR, inform the CWC and Special Court within 24 hours, record the child’s statement, arrange a medical examination and take the child to a magistrate for a further statement. They then investigate and file a chargesheet in the Special Court.

Can parents be present when the child’s statement is recorded?

Yes. The statement is to be recorded in the presence of a parent or another person the child trusts, and the same applies during the medical examination.

How long does a POCSO case take?

The law says the child’s evidence should be recorded within 30 days of cognizance and the trial finished within a year, as far as possible. Many cases take longer, depending on the court and the number of witnesses.

Can a POCSO case be settled or withdrawn?

POCSO offences are serious and generally cannot be compounded or settled between families. A compromise does not end the case on its own. Talk to a lawyer before agreeing to anything.

Will my child’s name appear in the news or court records?

No. The law bars disclosure of the child’s name, address, school or any detail that could identify them, and the court uses measures to keep the identity protected.

This article is general information about the law as it stood when it was written. Your facts change the answer. Speak to an advocate before you act on it.