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

Many individuals carry the immense burden of childhood trauma into their adult lives, often leading to severe psychological distress, including anxiety, panic attacks, and a sense of disconnection. A common yet deeply disturbing scenario involves abuse that occurred in a seemingly safe environment, like a school vehicle. Consider the case of a young boy, Amit, who, during his primary school years in the city of Jayanagar, was regularly subjected to inappropriate touching by a senior student, Rohan, in the school van. The fear and confusion from these incidents were profound. Even after moving to a different mode of transport, the sight of the abuser would trigger fear and detachment. This trauma continued to affect him, leading to social withdrawal and difficulty concentrating throughout his school life. As an adult, Amit finds that these suppressed memories are resurfacing, causing significant emotional turmoil and impacting his ability to lead a normal life. He now wonders what legal steps, if any, can be taken to address this historical abuse and seek justice.

Advice in such cases

Facing historical trauma is incredibly difficult, but it’s important to know that you have options and rights. Here is some general advice:

• Prioritize Your Mental Health: Before anything else, seek support from a qualified therapist or counsellor. Dealing with past trauma is emotionally taxing, and professional guidance is essential for your well-being.
• Document Everything: Write down every detail you can remember about the incidents, no matter how small. This includes the approximate dates, location, the identity of the abuser, what happened, and how it made you feel then and now. This record can be crucial.
• 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.
• Preserve Any Evidence: If you ever told anyone about the abuse (a friend, a family member, a teacher), their testimony could be valuable. Any old journals, emails, or messages where you might have mentioned the distress could also serve as corroborative evidence.

Applicable Sections of Law

Indian law has strong provisions to deal with such crimes, even if a significant amount of time has passed.

• Protection of Children from Sexual Offences (POCSO) Act, 2012: This is the primary legislation for crimes against children. Since the acts occurred when you were a minor, this law will apply. The act of inappropriate touching falls under the definition of “Sexual Assault” under Section 7 of the POCSO Act, which is punishable under Section 8.
• Bharatiya Nyaya Sanhita (BNS), 2023: While the POCSO Act is a special law that takes precedence, certain provisions of the BNS could also be relevant depending on the specifics of the case.
• Limitation Period for Filing a Complaint: A major concern in historical cases is the delay in reporting. However, for serious offences like sexual assault, especially against a child, the courts often take a lenient view. Under Section 520 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, the court has the power to take cognizance of an offence after the expiry of the period of limitation if it is satisfied that the delay has been properly explained or that it is necessary to do so in the interest of justice. The trauma and fear associated with childhood abuse are widely recognized as valid reasons for a delayed complaint.

If you are the complainant

If you decide to proceed with legal action, here are the steps to follow:

• Draft a Detailed Complaint: Prepare a written complaint detailing the entire sequence of events. Include the abuser’s name, the time and place of the incidents, and the impact it has had on your life.
• Approach the Police: You can file a First Information Report (FIR) at the police station that has jurisdiction over the area where the offence took place. As this is a cognizable offence under the POCSO Act, the police are obligated to register an FIR.
• 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.
• Private Complaint to the Magistrate: If the police refuse to register an FIR or do not investigate properly, you have the right to file a private complaint directly before a Judicial Magistrate under Section 221 of the BNSS, 2023.

If you are the victim

As the survivor of abuse, your well-being is the top priority throughout this process.

• Your Testimony is Key: In cases of historical abuse, your testimony is the most critical piece of evidence. The law recognizes that in such crimes, there are often no other eyewitnesses.
• Right to Confidentiality: The POCSO Act provides for the protection of the victim’s identity. All proceedings are held in-camera to ensure your privacy and dignity.
• 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.
• Seek Support Systems: Lean on trusted friends, family, or support groups. The legal journey can be long and emotionally draining, and having a strong support system is invaluable.

How the police behave in such cases

Under the POCSO Act, the police are mandated to handle such cases with sensitivity. The investigation is supposed to be conducted by a Special Juvenile Police Unit or a designated child welfare police officer. The police are required to record the victim’s statement at a safe and comfortable place, preferably the victim’s residence. While there has been increased sensitization, experiences can vary, and having a lawyer to navigate the process can ensure your rights are protected at every stage.

FAQs people normally have

What evidence is required?

The primary evidence is your own credible and consistent testimony. The Supreme Court has repeatedly held that the sole testimony of a victim of sexual assault is sufficient for conviction if it is found to be trustworthy. Corroborative evidence can strengthen the case, such as: testimony of any person you confided in at the time or later, psychological or psychiatric reports detailing the trauma, or any circumstantial evidence that points towards the incident.

How long will the investigation take?

The law mandates a swift process for POCSO cases. As per the Act, the investigation should be completed within a specific timeframe, and the trial should, as far as possible, be completed within one year from the date the court takes cognizance of the offence. However, in practice, the judicial process can face delays. A proactive lawyer can help in expediting the matter by filing necessary applications before the court.

Advocate Sudhir Rao, Supreme Court of India