POCSO Act India: Child Protection and Legal Process Explained
By Advocate Ganta Surya Kiran | 19 Law Chambers, Visakhapatnam | Legal Awareness
Child sexual abuse is a serious crime in India and the Protection of Children from Sexual Offences (POCSO) Act, 2012 provides comprehensive legal protection for all persons under 18 years of age. Every adult has a legal duty to report child sexual abuse. Failure to report is itself a criminal offence under POCSO.
What Does POCSO Act Cover?
POCSO covers all forms of sexual abuse of children including: penetrative and non-penetrative sexual assault, sexual harassment, pornography involving children, and attempt to commit these offences. The Act covers both male and female children under 18. Any person including family members can be accused under POCSO.
Key Features of POCSO Act
Child-Friendly Procedures: Statements must be recorded by female police officers. Evidence can be given through video-conferencing. Identity of child victim must not be disclosed. Special Courts: Every district has a designated Special Court for POCSO cases ensuring faster trials. Reverse Burden of Proof: Once it is proved that sexual contact occurred the burden shifts to the accused to prove it was not assault. This is a major departure from normal criminal law. Mandatory Reporting: Every person who has knowledge of sexual abuse of a child must report to police or Special Juvenile Police Unit failure attracts imprisonment up to 6 months. Punishment: Penetrative sexual assault minimum 10 years, up to life imprisonment. Aggravated assault minimum 20 years to life.
How to Report Child Abuse Under POCSO
Call the Childline Helpline: 1098 — 24-hour service. File FIR at the nearest police station police must register immediately without question. Contact the Special Juvenile Police Unit (SJPU) in Visakhapatnam. Know FIR process: How to File FIR India.
Rights of the Child Victim
Right to free legal aid throughout trial. Compensation from the State even if accused is not convicted. Complete anonymity name cannot be published anywhere. Child-friendly court procedures no direct cross-examination by the accused. Support from police and NGOs during the process. Free legal aid: NALSA — nalsa.gov.in.
Frequently Asked Questions
Q: Can a POCSO case be settled or withdrawn?
No — POCSO cases are non-compoundable. They cannot be withdrawn by the victim’s family or settled between parties. Only the court can decide the case. Any settlement pressure on the victim’s family is a separate criminal offence.
Q: What if the accused is a juvenile (below 18)?
Juveniles above 16 accused of heinous offences under POCSO can be tried as adults at the discretion of the Juvenile Justice Board. Juveniles below 16 treated under the Juvenile Justice Act.
Q: Can anonymous online grooming be prosecuted under POCSO?
Yes — online grooming, sending sexual content to children, and soliciting sexual acts from children online are all offences under POCSO and the IT Act. Report at cybercrime.gov.in. Also: Cyber Crime Laws India IT Act.
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