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

In the city of Alipur, a young woman named Ms. Kavita, now in her early twenties, found the courage to report a history of severe sexual abuse she endured as a child. The perpetrators were her own father, Mr. Om Prakash, and her brother, Mr. Rakesh. The abuse began when she was merely six years old. After a recent confrontation where her mother dismissed her trauma and sided with the abusers, Ms. Kavita left her home and sought refuge with a friend. Her family, however, managed to track her down and even attempted to abduct her, prompting her to finally file a formal police complaint under the Protection of Children from Sexual Offences (POCSO) Act.

Despite the gravity of her complaint, her experience with the local police has been deeply distressing. The officer in charge, Inspector Sharma, has been harassing her, suggesting she has filed a false case simply to escape her family. He has trivialized her ordeal and refused to even look at the crucial evidence she possesses, which includes voice recordings and text messages where the accused have confessed to their crimes. To make matters worse, Inspector Sharma allegedly tipped off Mr. Om Prakash and Mr. Rakesh before the planned arrest, allowing them to abscond. He continues to pressure Ms. Kavita to withdraw her complaint, leaving her feeling helpless and re-victimized by the very system meant to protect her.

Advice in such cases

• Document Everything: Keep a detailed log of every interaction with the police. Note down the date, time, officer’s name, and what was said or done. This includes any instances of harassment or refusal to act.
• Preserve Evidence: Safeguard all evidence you have, such as text messages, call recordings, emails, or any other proof of the crime and the subsequent police misconduct. Make multiple digital and physical copies.
• Escalate the Matter: If the local police station is uncooperative, you have the right to approach senior police officials, such as the Superintendent of Police (SP) or the Deputy Commissioner of Police (DCP). Present your case and the evidence of police inaction or harassment.
• Approach the Magistrate: You can file a private complaint directly before the jurisdictional Magistrate under Section 199 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023. The court can then order the police to register an FIR and investigate the matter.
• 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

This situation involves several key legal provisions:

• The Protection of Children from Sexual Offences (POCSO) Act, 2012: This is the primary special law dealing with sexual offences against children. Relevant sections would apply based on the specific nature of the assault (e.g., Penetrative Sexual Assault, Aggravated Penetrative Sexual Assault). The Act has stringent provisions for investigation and trial.
• Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023: This governs the procedural aspects. Section 173 mandates the registration of an FIR. If the police refuse, Section 173(3) allows a complainant to send the information to the Superintendent of Police. Section 199 allows for a direct complaint to the Magistrate.
• Bharatiya Nyaya Sanhita (BNS), 2023: Provisions related to intimidating or threatening a complainant could be invoked. Furthermore, specific sections may apply against the police officer for dereliction of duty, such as Section 221 (Public servant corruptly or maliciously making or pronouncing in any stage of a judicial proceeding, any report, order, verdict, or decision which he knows to be contrary to law).

If you are the complainant

• Be Persistent: Do not be discouraged by initial police inaction. The law provides multiple remedies.
• Formal Written Complaints: Submit all your complaints in writing to senior officers and retain a received copy. This creates a paper trail.
• File a Complaint Against the Officer: You can file a formal complaint against the uncooperative police officer with the Police Complaints Authority or senior police officials, detailing their misconduct.
• 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

• Your Statement is Key: Under the POCSO Act, your statement holds significant weight. It should be recorded before a Magistrate under Section 183 of the BNSS to ensure it is free from coercion.
• Right to a Support Person: You have the right to have a support person of your choice present during the investigation and trial.
• Protection: If you feel threatened by the accused or their family, you can request police protection. The court can also issue orders restraining the accused from contacting you.
• 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

Unfortunately, the behavior described in this case is not uncommon. Some police officers may be insensitive, biased, or susceptible to influence. They might engage in victim-blaming, trivialize historical abuse, or try to broker a “compromise.” This is illegal and unprofessional. However, it is important to remember that many dedicated officers follow the law meticulously. The POCSO Act mandates specific sensitive procedures, including the involvement of a woman police officer to record the victim’s statement and conducting the investigation in a child-friendly manner, even if the victim is now an adult reporting a crime from their childhood.

FAQs people normally have

What evidence is required?

In cases of historical sexual abuse, the primary evidence is the victim’s own testimony. The law does not require corroboration as a rule. However, any supporting evidence strengthens the case significantly. This can include:

• Digital evidence like text messages, emails, or call recordings containing confessions or admissions.
• Testimony of any person the victim may have confided in over the years (friends, other relatives, a therapist).
• Any circumstantial evidence that points towards the abuse or the accused’s attempts to cover it up or threaten the victim.

How long will the investigation take?

The POCSO Act is designed for speedy justice. The police are expected to complete the investigation and file the final report (chargesheet) before the court as soon as possible. The Act states that the trial should be completed, as far as possible, within a period of one year from the date of taking cognizance of the offence.

Advocate Sudhir Rao, Supreme Court of India