Dealing with offenses under special laws like the Protection of Children from Sexual Offenses (POCSO) Act, 2012, involves specific procedures designed to ensure the protection of children and the speedy resolution of cases. Here are the key procedures followed under the POCSO Act: Reporting of Offenses: Any person who is aware of an offense under the POCSO Act is required to report it to the police or the Special Juvenile Police Unit (SJPU) immediately. Failure to report such offenses can result in legal consequences under Section 19 of the Act. Investigation by Special Police Officers: The Act mandates that offenses under the POCSO Act must be investigated by specially trained police officers. These officers are equipped to handle sensitive cases involving children and are expected to conduct investigations with care and sensitivity. Child-Friendly Procedures: The procedures followed during investigation and trial are designed to be child-friendly. For instance, the statements of child victims are recorded in a manner that minimizes trauma, and the child is not subjected to aggressive questioning. Time-Bound Investigations: The POCSO Act emphasizes the need for prompt investigation. The police are required to complete the investigation within two months from the date of reporting the offense. Mandatory Medical Examination: In cases of sexual offenses, a medical examination of the child victim is conducted as soon as possible to gather evidence. This examination must be done by a qualified medical practitioner and in accordance with the guidelines specified under the Act. Filing of Charge Sheet: Once the investigation is complete, the police must file a charge sheet in the designated Special POCSO Court. The charge sheet should include all relevant evidence and details of the offense. Special Courts for Trial: The POCSO Act mandates the establishment of Special Courts to conduct trials for offenses under the Act. These courts are tasked with expediting cases to ensure timely justice for child victims. Trial Procedures: The trial is conducted in a manner that minimizes the trauma to the child victim. The child may be allowed to testify via video conferencing to avoid confrontation with the accused. The court may also permit the presence of a guardian or support person during testimony. Protection of Identity: The identity of the child victim is protected under the POCSO Act. Media reporting on the case is prohibited from disclosing the name, address, or any identifying information of the child to safeguard their privacy. Rehabilitation and Compensation: The Act provides for rehabilitation of the child victim and mandates that the State Government may provide compensation to the victim and their family for the trauma and suffering endured. This may include financial assistance for medical treatment, counseling, and other support services. Appeals and Reviews: The POCSO Act provides for the right to appeal against the judgments of Special Courts. Victims or their guardians can file appeals if they are dissatisfied with the outcome of the trial. These procedures under the POCSO Act aim to ensure that offenses against children are dealt with promptly and sensitively, prioritizing the well-being of the victim while also upholding the principles of justice.

Dear client, The Protection of Children from Sexual Offences (POCSO) Act, 2012 establishes a robust legal framework for dealing with sexual offenses against children (below 18 years). It prescribes stringent procedures to safeguard the interests of child victims during investigations and trials. The primary goal of the POCSO Act is to ensure child-friendly mechanisms for reporting, recording, and prosecuting such offenses to provide justice without causing further trauma to the child. 1. Filing an FIR and Reporting of Offenses (Section 19 & 21 - Mandatory Reporting Any person, including parents or doctors, aware of an offense under the POCSO Act is legally obligated to report it to the police. Failure to report may attract penalties. - FIRs can be filed at any police station, and the complaint must be recorded by an officer of the same gender as the child. 2. Recording the Child’s Statement (Section 24 - The child’s statement should be recorded at their home or a comfortable place not at a police station, and in the presence of a trusted person (like a parent or guardian). - The police officer recording the statement should not wear a uniform to avoid intimidating the child. 3. Medical Examination (Section 27 - A child victim must undergo a medical examination within 24 hours of reporting the offense, ideally at a government hospital. - In cases involving female victims, the examination must be conducted by a female doctor with the presence of a parent or guardian. 4. Special Courts for Trial (Section 28) - The Act mandates that Special Courts be established to try cases under POCSO to ensure faster and child-sensitive trials. - These courts are authorized to conduct in-camera proceedings, keeping the child’s identity confidential. 5. Time-bound Investigation and Trial (Section 35) - The police must complete the investigation within 2 months from the date of filing the FIR. - The trial should be completed within 1 year to avoid delays and reduce the psychological burden on the child. 6. Child-friendly Trial Process (Section 33) - The court must conduct the trial in a child-friendly manner by minimizing questioning and allowing the child to be accompanied by a guardian or support person. - Video conferencing is permitted if the child feels uncomfortable facing the accused in court. - The defense lawyer cannot directly question the child. Instead, questions are routed through the judge. 7. Legal Aid and Counseling (Section 40) - The child victim is entitled to free legal aid and during the investigation and trial. Support services like counselors or child welfare officers are made available to help the child cope with trauma. 8. Presumption of Guilt (Section 29 & 30) - The POCSO Act shifts the burden of proof* to the accused. If the offense is proven, it is presumed that the accused committed the crime unless proven otherwise. - Intent and knowledge of the offense are also presumed unless the accused provides evidence to the contrary. 9. Punishments under the POCSO Act - The Act provides strict punishments for offenses based on their severity: - Penetrative sexual assault: Imprisonment from 10 years to life. - Aggravated penetrative assault: Life imprisonment or even the death penalty (after the 2019 amendment). - Non-penetrative sexual assault: Imprisonment up to 7 years. -Use of a child for pornography: Rigorous imprisonment up to 5-7 years. 10. Rehabilitation of Victims (Section 39 & 44) - The Act mandates the government to provide counseling, medical aid, and compensation to child victims. - Child Welfare Committees (CWC) ensure the child's safety and recommend appropriate rehabilitation measures. Conclusion The POCSO Act establishes a comprehensive legal framework to deal with child sexual offenses by focusing on swift and sensitive handling of cases. Its emphasis on child-friendly procedures, in-camera trials, mandatory reporting, and rehabilitation services ensures that victims receive justice without additional trauma. The Act also seeks to deter potential offenders through harsh penalties and presumptions of guilt while offering free legal aid and support services to the victims. If you require any clarification, do not hesitate to contact us. Thank you.

Dear client, Almost one fourth of India's population is in the age of 0-14 years and our country has one of the world largest population of childern estimated at 444 million children. The constitution of India under DPSP vide Article 39(f) mandates state to formulate policies to ensure that children are given opportunities and facilities to develop in a healthy manner and in conditions of freedom and dignity and that childhood and youth are protected against exploitation against moral and material abandonment. POCSO Act is gender neutral legislation providing for welfare and safety of children irrespective of their gender. As per section 2 (d) of POSCO Act, a child is any person who is below 18 years of age. A victim under the act can be a male or female child. The act does not create any distinction between the victims or the perpetrators on basis of their gender. There are three broad categories of sexual offences under POCSO act- 1. Sexual Assault- penetrative sexual assault (section 3 and 4), 2. Sexual Harrasment section 11 and 12 3. Using child for pornography section 13 Chapter VII of POSCO Act provides for establishment of special courts in each district for trial of offences under the act. Section 28 provides for designation of a sessions court as a special court in each district for speedy trial of offences under this act by State Government in consultation with Chief Justice of High Court. This section also confers jurisdiction on special courts to try offences under section 67B of that Act in so far as it relates to publication or transmission of sexuality explicit material depicting children in any act, or conduct or manner or facilities abuse of children online. It is essential that the medical examination of a child is conducted with utmost care and precaution. Rule 5(3) of POSCO Rules, 2012 makes the provision that no medical facility or practitioner who renders emergency medical care to a child should ask for any kind of legal or other documentation before providing such care. Apart from this, section 27 of POSCO Act lays down certain laws regarding the conduct of medical examination. These are as follows - 1. The medical examination has to be conducted in accordance with section 164A of the CrPC. 2. A medical examination of a girl is to be conducted by a woman practitioner. 3. It should be conducted in the presence of a person in whom the child ha trust. India had no legislation until 2012 to address the evil offences committed against male or female children. POSCO Act being a gender neutral aims to provide safety to children and punish the offenders based on gravity of offences committed against children and addresses all aspects of child sexual abuse. The act was amended in year 2019 making punishments under the act more stringent. Should you have any queries, please feel free to contact us!