This page is being checked by a lawyer. Use it as general information for now.
POCSO is short for the Protection of Children from Sexual Offences Act. It covers sexual assault, sexual harassment, and using a child in sexual images or videos. It applies to boys, girls and every child.
This page is honest about what will happen, because knowing in advance makes it less frightening.
Adults must report
If an adult knows that a child has been sexually abused, the law says they must tell the police. This applies to parents, teachers, counsellors, doctors and everyone else. An adult who stays silent is breaking the law.
What this means for you:
- Once you tell an adult, it will be reported. Whether to report is not a choice the law gives to a child. The rule exists to protect you
- You will not get into trouble for telling someone or for reporting
- The police must inform the Child Welfare Committee, whose job is to make sure you are safe and cared for
- If the person who hurt you is at home, tell your school counsellor or call 1098. The Child Welfare Committee makes sure someone else looks after you
Your statement, at home
- A police officer comes to your home or a place you choose. You don’t have to go to a police station
- The officer is usually a woman, and should not be in uniform
- A parent or someone you trust can be with you
- You must never be kept at a police station overnight
- A Magistrate may record your statement too, in private, with someone you trust present
The doctor
- If you are a girl, a woman doctor examines you
- A parent or someone you trust is in the room
- It can happen before any police report is made, and it is free
- The doctor should explain each step. You can ask questions, take a break or say stop
Special courts
- Your case goes to a Special Court set up for children
- You will not have to see the person who hurt you. The court uses a screen or a video link
- The hearing is closed to the public
- You can take breaks, and you should not be called back again and again
- The law says your evidence should be recorded within 30 days and the trial should finish within a year. In practice it often takes longer. Plan for that, and lean on your support person
Throughout
- Your name is protected. Nobody may publish your name, photo, school, address or anything else that identifies you
- You can have a support person to help you through the whole process
- You have the right to a lawyer, and it can be free
- You may be entitled to compensation, and some of it can be paid early, before the case ends
Where this comes from
For counsellors, parents and lawyers checking this page. All sections are from the POCSO Act 2012.
| Point | POCSO section |
|---|---|
| Anyone who knows must report; failing to is an offence | 19, 21 |
| Police inform the Child Welfare Committee | 19(6) |
| Child not punished over a complaint | 22(2) |
| Identity protected | 23 |
| Statement at home, woman officer, not in uniform, not kept overnight | 24 |
| Magistrate records statement | 25 |
| Trusted person present; interpreter if needed | 26 |
| Medical exam without an FIR; woman doctor for a girl; trusted person present | 27 |
| Special Court; child-friendly procedure; breaks; compensation | 28, 33 |
| Evidence within 30 days, trial within a year | 35 |
| Not exposed to the accused | 36 |
| Closed hearing | 37 |
| Support person | 39, POCSO Rules 2020 |
| Right to a lawyer | 40 |
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