POCSO Act: how to report child sexual abuse and what happens next
What POCSO covers, the legal duty to report (Sec 19), how to call 1098 or police, the child-friendly process, compensation and free legal aid.
In short
- POCSO protects every person below 18, of any gender. A child's "consent" is no defence.
- If you know or even suspect abuse, you must report it to the police or the Special Juvenile Police Unit (Sec 19 POCSO). Staying silent is itself an offence (Sec 21 POCSO).
- Call 1098 (Childline) for help and counselling, 112 if the child is in danger right now.
- The child's statement is taken at home by a woman officer, with a trusted adult present. The child never faces the accused in court.
- Free legal aid (15100) and compensation are available. Nobody may publish the child's name or photo.
Most children who are sexually abused know the person who harms them: a relative, a neighbour, a teacher. Children stay silent out of fear; adults sometimes stay silent to protect the family's name. The Protection of Children from Sexual Offences Act, 2012 (POCSO) was made to break that silence. This guide tells you what to do if a child confides in you, and what the child can expect from police and courts.
Who is protected
Under POCSO a "child" is anyone below 18. The law is gender-neutral: it protects boys and girls alike, and the offender can be of any gender. The child's consent is not a defence, because the law does not treat a person under 18 as able to consent to sexual activity.
What counts as an offence
- Penetrative sexual assault (Sec 3 POCSO) and its aggravated form (Sec 5), which covers abuse by police, teachers, relatives or anyone in a position of trust, and abuse of very young or disabled children.
- Sexual assault, meaning touching with sexual intent (Sec 7), and aggravated sexual assault (Sec 9).
- Sexual harassment (Sec 11): sexual remarks, showing pornography, stalking a child, or threatening to share their images.
- Child pornography, including storing or sharing such material (Sec 13–15), and attempting or abetting any offence (Sec 16–18).
Since the 2019 amendment, penetrative sexual assault carries a minimum of ten years in prison, or twenty if the child is below 16 (Sec 4). The aggravated form carries a minimum of twenty years, up to life imprisonment or death (Sec 6). All POCSO offences are cognizable (police can arrest without a warrant).
The duty to report
Sec 19(1) POCSO says that anyone who knows an offence has been committed, or fears one is about to be, "shall" inform the local police or the Special Juvenile Police Unit (SJPU). This duty falls on everyone, including parents, teachers and doctors. Failure to report is punishable with up to six months' imprisonment or a fine or both (Sec 21(1)). The head of a school, hospital or any institution who fails to report abuse by a subordinate faces up to one year (Sec 21(2)). A child who does not report is never punished.
Reporting in good faith is protected: no case can be brought against you for it (Sec 19(7)). A false complaint made only to humiliate, extort or defame someone is an offence (Sec 22), but never for a child.
In X v. Principal Secretary, Health and Family Welfare Department (2022), the Supreme Court held that a doctor who reports a pregnant minor under Sec 19 need not disclose her identity if she and her guardian ask, so that reporting never becomes a reason to deny a child medical care.
If a child tells you about abuse: stay calm, listen, and say it is not their fault. Do not question them repeatedly, do not promise secrecy, and do not confront the abuser in front of them. Write down what the child said, in their words, with the date. Then report.
What happens after a report
- Recording the report. Police must write it down, read it back to you and enter it in their register (Sec 19(2)).
- Within 24 hours. Police must produce the child before the Child Welfare Committee (CWC) and report to the Special Court (Sec 19(6)). The CWC can appoint a support person under the POCSO Rules, 2020 to stay with the child through the case.
- The child's statement. Recorded at the child's home or a place of their choice, as far as possible by a woman officer in plain clothes, with a parent or trusted person present (Sec 24). A child must never be kept at a police station at night or made to see the accused.
- Medical examination. Done at once, even before an FIR, with the consent of the child or guardian. A girl must be examined by a woman doctor, with a parent or trusted person present (Sec 27).
In the Special Court
- Trials are held in Special Courts, in camera (closed to the public); the child gives evidence behind a screen or by video link (Sec 36–37).
- Questions go through the judge (Sec 33). Evidence should be recorded within 30 days and the trial finished, as far as possible, within one year (Sec 35).
- The family may have its own lawyer, free if needed (Sec 40). The court can order compensation for medical care, counselling and rehabilitation, including interim compensation while the case is on (Sec 33(8); POCSO Rules, 2020), even if the accused is acquitted.
- Nobody, including the media, may reveal the child's name, address, school, photo or family details (Sec 23).
Step by step
- If the child is in danger now, call 112.
- Call 1098 (Childline) for counselling and help with the police and the CWC.
- Report at the nearest police station or the SJPU. Any station must take it (zero FIR). Take the entry number and a free copy of the FIR.
- Take the child to a government hospital for examination and treatment.
- If the abuser lives in the same house, ask the CWC for a safe placement.
- For a free lawyer and the compensation application, call 15100 or visit the District Legal Services Authority.
Rekha, a Class 6 teacher in Nagpur, notices that ten-year-old Aman flinches when his uncle collects him. One day he tells her the uncle "does bad things" at night. Rekha does not question him further. She notes his words, informs the principal, and the same afternoon they call 1098 and go to the police station. Aman is produced before the CWC, which appoints a support person and places him with his grandmother, where a woman officer records his statement. Rekha has done exactly what Sec 19 requires and is protected from any action for reporting.
Keep these ready
- Child's birth certificate or school ID (proof of age below 18)
- Your note of what the child said, with date and time
- Medical examination report and treatment papers
- FIR copy and entry number
- Any messages or screenshots (do not delete or forward them)
"Settling" a POCSO case within the family or community is not allowed and can expose you to prosecution for not reporting. Do not delay the medical examination to avoid "shame": evidence disappears within days, and the child needs treatment either way.
Where to go
- 112 emergency; 1098 Childline (free, 24 hours)
- Local police station or Special Juvenile Police Unit; district Child Welfare Committee
- Online abuse: cybercrime.gov.in or 1930; NCPCR POCSO e-Box
- Free legal aid and compensation: 15100 (NALSA), District Legal Services Authority
- If police refuse to act: Superintendent of Police, then the Magistrate (Sec 175(3) BNSS)
Common questions
Do I have to report if I am not sure abuse happened?
Yes. Sec 19 covers a reasonable fear that an offence may be committed, not only certain knowledge. You are protected from legal action if you report in good faith, even if the police later find nothing. Your job is to report, not to investigate.
Can the parents withdraw a POCSO case later?
No. POCSO offences are not compoundable: the State prosecutes, and the family cannot "settle" or withdraw the case. A High Court can quash a case only in rare situations. Pressure on a child or family to withdraw can itself be a crime.
Will the child have to go to court many times?
The law tries to limit this. The statement is recorded once at home, evidence should be taken within 30 days, and the child may testify by video or behind a screen with a support person present. Ask the court for these protections if they are not offered.
What if the abuser is a teacher or works at the school?
Report to the police or SJPU directly; you do not need the school's permission. The school head is separately bound to report and faces up to one year in jail for not doing so. You can also complain to the State Commission for Protection of Child Rights.
Is compensation available if the accused is acquitted?
Yes. The Special Court can award compensation for medical care, counselling and rehabilitation even if the accused is acquitted or not traced. It is paid from the State's victim compensation fund through the Legal Services Authority, and interim compensation can be ordered early for urgent needs.
This article is general information for awareness, not legal advice. For your situation, consult an advocate or call free legal aid at 15100.
