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

Mr. Alok Kumar, a resident of the city of Vikasnagar, grew concerned about his three-year-old son, Aryan. After attending the ‘Blossom Kids Care’ daycare, Aryan began showing distressing behavioral changes and had some unexplained minor bruises. Mr. Kumar requested to see the daycare’s CCTV recordings. During a brief viewing in the administrator’s office, he witnessed footage showing a caretaker handling children roughly, causing them to cry. The daycare management acknowledged the incident as inappropriate. However, when Mr. Kumar requested the complete footage for the past week to understand the full extent of the issue, the daycare began to stall and eventually refused to share the recordings, leaving him feeling powerless and deeply worried for his child’s safety.

Advice in such cases

• Immediately withdraw your child from the daycare facility to ensure their safety. Their well-being is the absolute priority.
• Document everything meticulously. Take dated notes of your child’s behavioral changes, conversations with the daycare staff, and take clear photographs of any physical injuries.
• Get a medical examination for your child from a trusted doctor. A medical report will serve as crucial evidence of any physical harm.
• Do not engage in public confrontation or online defamation. Handle the matter through proper legal channels to avoid weakening your case.
• 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

In cases of child abuse or mistreatment in a daycare, several laws come into play. With the new criminal laws in effect, the following are relevant:

• Bharatiya Nyaya Sanhita, 2023 (BNS): This is the primary criminal code. Section 84 of the BNS specifically deals with cruelty to a child, making it a punishable offence if anyone in charge of a child assaults, abandons, abuses, or willfully neglects the child, causing physical or mental suffering. Other sections related to assault (like Section 115) may also apply depending on the nature of the act.
• Juvenile Justice (Care and Protection of Children) Act, 2015: This is a special law dedicated to children’s welfare. Section 82 of this Act criminalizes corporal punishment by anyone in charge of a child in an institution. The Act also empowers the Child Welfare Committee (CWC) to take cognizance of such matters.
• Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS): This code outlines the procedure for criminal investigation. Under the BNSS, the police have the authority to seize evidence, including CCTV footage and digital video recorders (DVRs), which is essential in such cases.

If you are the complainant

• File a Police Complaint: The first formal step is to file a written complaint at the local police station, detailing your suspicions and the daycare’s refusal to provide footage. This will trigger the registration of a First Information Report (FIR).
• Approach the Child Welfare Committee (CWC): The CWC is a quasi-judicial body in every district that is empowered to handle matters of child protection. They can conduct their own inquiry and issue directions to the daycare and the police.
• Preserve All Evidence: Keep all your notes, medical reports, photographs, and any written communication (emails, messages) with the daycare in a safe place.
• Send a Legal Notice: Through a lawyer, you can send a formal legal notice to the daycare, demanding the preservation and submission of the CCTV footage. This creates a legal record of your request.
• 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.

If you are the victim

As the victim is a minor child, the responsibility falls on the parents or guardians to act on their behalf.

• Prioritize Safety and Comfort: The child’s emotional and physical safety is paramount. Remove them from the harmful environment immediately. Provide them with a comforting and secure atmosphere at home.
• Seek Professional Help: Apart from a medical doctor, consider consulting a child psychologist or counselor. They can help assess any mental trauma the child may have suffered and guide you on how to support them.
• Avoid Interrogation: Do not repeatedly question your child about the incidents, as this can be traumatic. Let professionals handle communication if required for the investigation, in a child-friendly manner.
• 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.

How the police behave in such cases

Ideally, upon receiving a complaint involving a child, the police should act with urgency and sensitivity. They are expected to register an FIR promptly under the appropriate sections of the BNS and the JJ Act. A key part of their investigation will be to seize the CCTV system (including the DVR) from the daycare to prevent tampering or deletion of evidence. They will record statements from the parents, the child (if possible, through a specialist), and the daycare staff. However, in reality, there can be delays or initial reluctance. Having a lawyer follow up with the police can often help ensure the investigation proceeds correctly and swiftly.

FAQs people normally have

Do daycare centers legally have to provide CCTV footage to parents?

There is no specific law that compels a daycare to provide CCTV footage directly to a parent on demand. However, this footage is critical evidence. Once you file an FIR, the police have the legal authority under the BNSS to seize the footage as part of their investigation. The daycare’s refusal to cooperate with the police can result in legal action against them for obstructing justice or destroying evidence.

What are my legal options if the daycare refuses to share the footage?

Your primary and most effective option is to file a police complaint. This moves the matter from a personal request to a formal criminal investigation, legally obligating the daycare to comply with police directives. Your lawyer can also file an application in court seeking a direction for the preservation and seizure of the said footage.

Should I approach the police or another authority first?

It is often best to approach the police and the Child Welfare Committee (CWC) simultaneously. The police will handle the criminal aspect (investigation and punishment of the offender), while the CWC will focus on the child’s welfare and can also investigate the daycare for violations of care and protection norms, which could lead to the cancellation of its license.

What evidence is required?

To build a strong case, you will need a combination of the following:

• The CCTV footage is the most direct and powerful piece of evidence.
• The medical report detailing any physical injuries.
• Photographs of the injuries.
• Your detailed, dated notes on your child’s behavioral changes and your interactions with the daycare.
• Testimony from the parents.
• If available, statements from any other parents who have had similar concerns or staff members willing to speak out.

How long will the investigation take?

The duration of a criminal investigation can vary significantly. The initial phase of filing an FIR, seizing evidence, and recording primary statements might take a few weeks. However, the complete investigation, filing of a chargesheet, and the subsequent court trial can be a lengthy process, often taking several months to a few years to reach a conclusion. The complexity of the case and the efficiency of the investigative agencies are major factors.

Advocate Sudhir Rao, Supreme Court of India