If you are stuck in such a situation, here is what to do.

A woman named Priya reached out for advice regarding her friend, Anjali. Anjali confided in her that she had been subjected to sexual abuse by a close relative, Mr. Verma, who lived in their family home in the town of Alipur for most of her childhood. Currently, no one else in the family is aware of this horrific secret. Anjali, who comes from a traditional background, is deeply concerned about the social stigma and judgment from her community if this were to come out. She has managed to leave her hometown and secure a job in another city, and the thought of returning home is a source of immense anxiety for her. Priya has sought preliminary advice from some support groups and is aware that filing a First Information Report (FIR) can be an intimidating and potentially difficult process, which Anjali is not mentally prepared for. While there is no direct material proof of the sexual abuse, it is believed that other family members can attest to Mr. Verma’s generally abusive and violent behaviour.

Advice in such cases

Navigating such a sensitive and traumatic situation requires careful and strategic steps. The primary focus should always be on the survivor’s well-being and safety.

• Document Everything: Even if it seems insignificant, write down every detail the survivor can remember. This includes dates, locations, specific acts, and any emotional or physical aftermath. This record can be crucial later.
• Seek Psychological Support: The trauma from such abuse is profound. Seeking help from a qualified therapist or counsellor is vital for the healing process. This also serves as a record of the psychological impact of the abuse.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

Applicable Sections of Law

Cases involving the sexual abuse of children are primarily governed by the Protection of Children from Sexual Offences (POCSO) Act, 2012, which is a special and stringent law. Additionally, the new Bharatiya Nyaya Sanhita (BNS), 2023, contains relevant provisions.

• The POCSO Act, 2012: This is the principal legislation. It defines various forms of sexual abuse and prescribes strict punishments. Key sections include Section 3 (Penetrative Sexual Assault), Section 5 (Aggravated Penetrative Sexual Assault, which applies when the abuser is a relative or in a position of trust), Section 7 (Sexual Assault), and Section 9 (Aggravated Sexual Assault).
• No Limitation Period: A crucial aspect of the POCSO Act is that there is no time limit for reporting the offence. A survivor can file a complaint at any age, even years after the abuse occurred.
• Bharatiya Nyaya Sanhita (BNS), 2023: For adult victims, or in conjunction with POCSO, sections like Section 64 (Rape) and Section 65 (Aggravated Rape) of the BNS can be invoked.

If you are the complainant

If you are a friend or relative supporting a survivor, your role is crucial but must be handled with sensitivity.

• Provide Emotional Support: Be a non-judgmental listener. Your belief and support can empower the survivor to take the next steps.
• Assist, Do Not Push: Help her gather information and understand her options, but the decision to proceed legally must be hers alone. Do not pressure her.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.
• Ensure Confidentiality: Respect her privacy. Do not share her story with anyone without her explicit consent.

If you are the victim

If you are the survivor of such abuse, please know that the law is on your side, and you have rights.

• Your Safety First: Your physical and mental well-being is the top priority. Ensure you are in a safe environment before taking any action.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.
• Right to Confidentiality: Under the POCSO Act, your identity is protected. It is illegal for anyone, including the media, to disclose any information that could lead to your identification.
• Special Procedures: The law mandates that the statement of a child victim be recorded by a female police officer (not below the rank of Sub-Inspector) at the victim’s residence or a place of her choice. The police are not allowed to be in uniform during this process.
• Zero FIR: You can file an FIR at any police station in the country, regardless of where the crime occurred. The station will register a “Zero FIR” and transfer it to the appropriate jurisdiction.

How the police behave in such cases

The law, especially the POCSO Act and the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, has laid down a sensitive and victim-centric procedure for the police to follow. Ideally, the police are required to be supportive, ensuring the victim is not re-traumatized. They must immediately register an FIR upon receiving information about a cognizable offence. A female officer will handle the case, and the entire process is designed to be as comfortable for the survivor as possible. However, in reality, there can be challenges like insensitivity or delays. This is why having a lawyer to navigate the process is highly advantageous, as they can ensure your rights are protected and the police adhere to the legal mandate.

FAQs people normally have

What if the abuse happened many years ago when I was a child?
There is no statute of limitations for reporting sexual offences against children under the POCSO Act. You can file a case at any time. The courts understand the delay in reporting due to trauma, fear, and social pressure.

What if I have no physical or material proof?
In cases of sexual abuse, especially historical ones, the survivor’s testimony is the most critical piece of evidence. The law gives significant weight to the statement of the victim. Corroborative evidence, such as the testimony of family members about the abuser’s general violent character, can strengthen the case.

Will my name and identity be revealed to the public?
No. Section 23 of the POCSO Act and related provisions in the BNS strictly prohibit the disclosure of the victim’s identity. Any person who violates this can be punished with imprisonment.

Can I get protection from the abuser?
Yes. Once a case is filed, you can seek protection orders from the court to prevent the accused from contacting or intimidating you or your family.

What evidence is required?

The court understands that direct evidence like DNA or photographs is often absent in such cases. The prosecution builds its case on various forms of evidence:

• Victim’s Testimony: This is the primary and most powerful evidence. A clear, consistent account is crucial.
• Circumstantial Evidence: This includes evidence of the victim’s conduct and psychological state after the abuse, testimony from a therapist, or entries in a personal diary.
• Witness Testimony: The statements of family members who can attest to the abuser’s violent nature or who witnessed suspicious behaviour can be used as corroborating evidence.
• Expert Testimony: The opinion of a psychologist or psychiatrist regarding the trauma and its effects on the survivor can be presented in court.

How long will the investigation take?

The law mandates a speedy process for such cases. Under the POCSO Act, the investigation should be completed as quickly as possible. The trial itself is also fast-tracked. The Act stipulates that the Special Court should try to complete the trial within one year from the date of taking cognizance of the offence. While practical delays can occur, the legal framework is designed for swift justice to minimize the ordeal for the survivor.

Advocate Sudhir Rao, Supreme Court of India