Common situations

Navigate a POCSO Case (Child Sexual Abuse)

Once a report of child sexual abuse has been made, POCSO sets out a specific legal process -- a mandatory FIR, child-friendly statement recording, a dedicated Special Court, and a victim compensation route -- distinct from an ordinary criminal case. This route covers that legal process, not the immediate-safety emergency response.

Steps

1. An FIR must be registered -- the police cannot refuse.
Offences under POCSO are cognizable. Any person -- the child, a parent, a teacher, or anyone with knowledge -- can report, and the police are legally bound to register an FIR (POCSO s.19). Certain adults (teachers, doctors, heads of institutions, company officers) additionally have a legal DUTY to report; failing to do so is itself punishable under s.21 with imprisonment up to 6 months (or up to 1 year for someone in charge of an institution who fails to report a subordinate).
2. The child's statement is recorded in a protected, child-friendly manner.
A Magistrate records the child's statement under BNSS s.183 (the POCSO-modified version of the old CrPC s.164), as far as possible at the child's residence or a place of their choice, in the child's own words, in the presence of a parent/guardian or a person the child trusts, with an interpreter if needed, and by audio-video means where possible -- so the child does not have to repeat the account to multiple people.
3. Investigation must be completed within 2 months of the FIR.
For the most serious POCSO offences (ss.4, 6, 8, 10), the investigating officer must complete the investigation within two months of the information being recorded, under the timeline built into the BNSS (successor to the old CrPC s.173 timeline for POCSO cases).
4. The case is tried by a designated Special Court, in-camera.
POCSO cases go to Special Courts (often dedicated Fast Track Special Courts in high-caseload districts), not an ordinary criminal court. The trial is conducted in-camera (closed to the public), the child's identity cannot be disclosed, and the child does not have to be confronted face-to-face with the accused during testimony.
5. The child's evidence and the trial itself have statutory speed targets.
The Special Court is required to record the child's evidence within 30 days of taking cognizance of the offence, and to complete the trial within one year 'as far as possible' (POCSO s.35). The Supreme Court in Alakh Alok Srivastava v. Union of India, (2018) 17 SCC 291 directed the constitution of dedicated POCSO Special Courts across every district with 100+ pending cases and directed trials be expedited -- the origin of the fast-track POCSO court scheme. In practice, courts frequently miss the one-year target due to a shortage of dedicated Special Courts and judges -- this target is a legal expectation, not a guarantee.
6. Apply separately for victim compensation through the DLSA.
Because no POCSO-specific compensation rules have been framed by the Centre, the Supreme Court has directed that the NALSA Compensation Scheme for Women Victims/Survivors of Sexual Assault and Other Crimes, 2018 be used as the guiding framework for POCSO cases too (some states, like Delhi, additionally run their own victim compensation scheme). An application (Form I, with the FIR copy and medical report) goes to the District or State Legal Services Authority, which can grant interim compensation quickly while the trial is still pending, separate from any compensation the Special Court later orders.
7. The NCPCR's POCSO e-Box is a direct, additional reporting channel -- not a replacement for the FIR.
The POCSO e-Box, run by the National Commission for Protection of Child Rights (NCPCR), lets a child (or an adult on the child's behalf) report an offence directly and confidentially to the Commission via ncpcr.gov.in, without needing an adult to file it. It is meant to make reporting more accessible, especially for a child with no supportive adult nearby, and works alongside -- not instead of -- registering a police FIR.
8. A conviction or acquittal can be appealed to the High Court.
POCSO does not set its own separate appeal timeline. An appeal against a Special Court's judgment follows the ordinary criminal appeal process under the BNSS (successor to CrPC ss.374-378), heard by the High Court.

NCPCR POCSO e-Box (online complaint): https://ncpcr.gov.in

Helpline: 1098 (CHILDLINE, 24x7) for immediate help; 100/112 for a safety emergency

Good to know

Handled by: Police (FIR, investigation); POCSO Special Courts; District Child Protection Unit / DLSA (compensation); NCPCR (POCSO e-Box, oversight)

Who can use this: Any child victim, or any parent, guardian, teacher, or other person aware of an offence against a child. Certain adults -- teachers, doctors, institution heads, company officers -- have a legal DUTY to report under s.19; failing to do so is itself punishable under s.21.

This does not cover: This route covers the legal process AFTER a report is made -- it is not for an immediate safety emergency. If a child is in danger right now, that is a crisis, not a filing process: call 1098 (CHILDLINE) or 100/112 immediately. This route also does not choose whether, or to whom, you should report -- it only explains what the official legal process actually involves once a report is made.

Time limit: No deadline to report. Once an FIR is filed: investigation is due within 2 months (most serious offences), the child's evidence within 30 days of cognizance, and trial completion is targeted (not guaranteed) within 1 year. (POCSO Act s.35(1)-(2); BNSS's POCSO-specific investigation timeline (successor to the old CrPC s.173 proviso))

Cost: Free -- no court fee for a criminal complaint; legal aid is available through the DLSA

You'll need:

The child's date of birth or an approximate age (age proof matters at trial)
Date, time, and place of the incident(s)
The accused's relationship to the child, if known
Whether an FIR has already been filed, and where
Whether the child has already had a medical examination

Documents that help:

Birth certificate, Aadhaar, or school record (for age proof)
Copy of the FIR, if already filed
Medical examination report, if one was done
Photos, messages, or screenshots (for any online-linked offence)
School or institutional records naming the accused, if relevant

What happens after: A conviction carries sentences ranging from several years' imprisonment up to life imprisonment or the death penalty depending on the offence (POCSO Act, as amended in 2019); the Special Court can also order compensation directly at the conclusion of trial, in addition to any DLSA interim compensation already received. An acquittal or a conviction can be appealed to the High Court under the ordinary criminal appeal process -- POCSO sets no separate appeal timeline of its own.

Legal remedies available

These are the remedies Indian law provides for this kind of situation -- not a recommendation, and not every remedy will apply to your own facts.

Compensation (Interim and Final)

Special Court (orders it; interim compensation can be sought at any stage after the FIR); disbursed through the District/State Legal Services Authority

Section 33(8) of the POCSO Act, 2012 allows the Special Court, on its own motion or on an application, to direct payment of compensation to the child for physical or mental trauma, or for immediate rehabilitation -- as interim relief at any stage after the FIR is registered, and again as final compensation at the conclusion of trial. Amounts are generally assessed against the framework of the NALSA Compensation Scheme for Women Victims/Survivors of Sexual Assault and Other Crimes, 2018, since no POCSO-specific compensation rules have been separately framed by the Centre.

Assistance of a Support Person

Child Welfare Committee (appoints); assists throughout police investigation and the Special Court trial

Section 39 of the POCSO Act, 2012, read with Rule 4 of the POCSO Rules, 2020, allows a Child Welfare Committee to appoint a support person to render assistance to the child throughout the investigation and trial -- including helping the family obtain copies of the FIR, medical report, and chargesheet, keeping the child and family informed of the case's progress, and providing emotional and practical support.

Anonymity and a Closed (In-Camera) Trial

Special Court

Section 23 of the POCSO Act, 2012 prohibits any media report from disclosing the child's identity, and section 37 requires the Special Court to try every POCSO case in camera, as far as practicable before a woman judge or magistrate and in the presence of a parent or another person the child trusts. Disclosing the child's identity in breach of section 23 is itself a separate, punishable offence.

Common questions

Will my child have to repeat their story again and again to different people?

The law is designed to avoid this. The child's statement is meant to be recorded once, by a Magistrate, in a comfortable setting (often the child's own home), by audio-video means where possible, and in the presence of someone the child trusts (POCSO s.19(4)/BNSS s.183). In practice this depends on how well local procedure is followed, but it is the legal standard your advocate can insist on.

What if the police refuse to register an FIR?

POCSO offences are cognizable, so registering an FIR is not discretionary -- refusal is itself a violation. You can approach the Superintendent of Police, or move an application before a Magistrate to direct FIR registration, under the equivalent of the old CrPC s.156(3) provision in the BNSS.

Is there a deadline by which we must report?

No statutory deadline exists for reporting a POCSO offence -- it can be reported at any time. That said, an adult who knew of the offence and delayed or failed to report it may themselves face liability under s.21, and earlier reporting generally helps preserve evidence.

Will my child have to face the accused in court?

The trial is conducted in-camera (closed to the public and media), and courts are directed to avoid direct confrontation between the child and the accused during testimony -- for example, by using a screen or video link -- specifically to reduce trauma to the child witness.

Can we get compensation, and does that require winning the case first?

No -- interim compensation can be applied for through the DLSA/SLSA under the NALSA 2018 scheme while the case is still pending, on the strength of the FIR and medical report alone. The Special Court can additionally order further compensation once the trial concludes.

Governing law: Protection of Children from Sexual Offences (POCSO) Act, 2012

Source: Protection of Children from Sexual Offences Act, 2012, ss.19, 21, 23, 33(8), 35, 37; NALSA's 2018 compensation scheme (exact amounts vary by state). The Act's own one-year trial target is frequently missed in practice due to insufficient dedicated courts. Alakh Alok Srivastava v. Union of India, (2018) 17 SCC 291.

Aadhrix does not decide which route applies to you. This describes the official process as published — consider an advocate for advice specific to your situation.

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