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

In the city of Alipur, a young girl named Anika found herself in a deeply distressing and traumatic situation. She was subjected to a serious sexual assault by an individual named Rohan, who was known to her family. The incident left her feeling scared, confused, and isolated. Her family, upon learning of the horrific event, was overwhelmed with shock and unsure of the correct legal path to pursue justice for their daughter while protecting her from further trauma. They knew that a wrong step could complicate the legal process and adversely affect Anika’s well-being. This scenario highlights the critical need for victims and their families to understand the specific legal framework in India designed to protect children, primarily the Protection of Children from Sexual Offences (POCSO) Act, 2012.

Advice in such cases

Navigating the aftermath of such a traumatic event requires careful and immediate action. The primary focus should be on the child’s safety and well-being, followed by steps to ensure justice is served.

• Ensure the Child’s Safety: The first and most crucial step is to remove the child from any environment where the abuser might be present and ensure they are in a safe and supportive space.
• Seek Immediate Medical Attention: A medical examination is vital not only for the child’s health but also for collecting crucial evidence. A medico-legal case (MLC) should be done at a government hospital.
• Preserve Evidence: Do not wash the clothes worn by the victim during the incident. Preserve any digital evidence like text messages, call records, or social media interactions with the accused.
• Report to the Police: Go to the nearest police station to file a First Information Report (FIR). Under the law, the police are obligated to register an FIR in cases involving sexual offences against minors.
• Consult with Lawyer: 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 sexual offences against minors are primarily governed by a special law, the POCSO Act, which takes precedence over other laws.

• The Protection of Children from Sexual Offences (POCSO) Act, 2012: This is the principal legislation. Depending on the nature of the assault, sections like Section 3/4 (Penetrative Sexual Assault), Section 5/6 (Aggravated Penetrative Sexual Assault), and Section 7/8 (Sexual Assault) are invoked. The Act mandates child-friendly procedures for reporting, investigation, and trial.
• Bharatiya Nyaya Sanhita (BNS), 2023: While POCSO is the special law, certain offences under the BNS may also be applied, such as sections related to stalking (Section 77) or criminal intimidation (Section 351). However, for the main offence, POCSO provisions will be applied.
• Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023: This code outlines the procedural aspects. Key provisions include Section 173 (Registration of FIR), which makes it mandatory for police to record information about such crimes, and Section 182, which mandates that the statement of a child victim is recorded by a judicial magistrate to ensure its evidentiary value and prevent the child from having to repeat the traumatic details multiple times.

If you are the complainant

As a parent, guardian, or concerned adult filing the complaint on behalf of the child victim, your role is critical.

• Filing the FIR: Approach the police and provide a clear, factual, and chronological account of the incident as narrated by the child. Do not add exaggerations or assumptions. Insist on receiving a free copy of the FIR.
• Support the Child: Your primary role is to be a source of strength for the child. Reassure them that it is not their fault and that you are there to protect them.
• Cooperate with Authorities: Work with the police, the Child Welfare Committee (CWC), and medical professionals. Ensure the child is not overwhelmed during the process.
• Consult with Lawyer: 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

The law has special provisions to protect you and make the process less intimidating.

• Right to Privacy: Your identity cannot be disclosed by the media or police. The trial is held in-camera, meaning the public is not allowed.
• Support Person: You have the right to have a parent, guardian, or a person you trust with you during the entire process, including at the police station and in court.
• Female Police Officer: Your statement will be recorded by a woman police officer, who will not be in uniform to make you feel more comfortable.
• Statement at a Safe Place: The police are required to record your statement at your residence or a place of your choice, not necessarily at the police station.
• No Repeated Questioning: The law aims to prevent you from having to narrate the incident over and over. Your statement will be recorded by a magistrate as soon as possible.
• Consult with Lawyer: 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

The POCSO Act mandates a specific, child-friendly protocol for the police.

• Mandatory FIR: The police cannot refuse to register an FIR in a POCSO case. Refusal is a punishable offence for the officer concerned.
• Special Juvenile Police Unit (SJPU): Every district is supposed to have an SJPU, with officers trained to handle cases involving children. The investigation should be conducted by this unit.
• Child-Friendly Approach: The police officer interacting with the child must be in plain clothes. They must ensure the child is not intimidated and feels safe.
• No Night-time Detention: A child cannot be detained at a police station during the night for any reason.
• Informing the CWC: The police must inform the Child Welfare Committee within 24 hours of the case being reported to ensure the child’s welfare and protection needs are met.

FAQs people normally have

What evidence is required?

The prosecution builds its case on various forms of evidence. The child’s testimony is paramount, but it is supported by:

• Medical Evidence: The report from the medico-legal examination (MLC) is crucial.
• Forensic Evidence: DNA evidence from clothes or the scene of the crime.
• Digital Evidence: Any electronic communication between the victim and the accused.
• Witness Testimony: Statements from anyone who may have witnessed the incident or circumstances surrounding it.
• Victim’s Statement: The statement of the child, especially the one recorded under Section 182 of the BNSS before a magistrate, is a vital piece of evidence.

How long will the investigation take?

The POCSO Act emphasizes speed. The investigation should be completed as quickly as possible. The Act states that the trial should ideally be completed within one year from the date the court takes cognizance of the offence. While practical delays can occur, the law’s intent is to provide swift justice to prevent prolonged trauma for the child victim.

Advocate Sudhir Rao, Supreme Court of India