If a minor is facing sexual assault, the law is on your side regardless of the perpetrator's gender. Here is how to use POCSO and BNS to report abuse and get protection.
You are at a friend’s house in Kochi or a family gathering in Thiruvananthapuram. Someone you trust—a family friend, a relative, or even a neighbour—crosses a line with a minor. It feels confusing because the person isn't a stranger in a dark alley, but someone inside your social circle. In Kerala, recent cases have highlighted that women can also be perpetrators of such crimes. When this happens, you aren’t just a bystander; you are the first line of defence. Whether the survivor is 5 or 17, the law provides a specific, powerful shield. You don't need to be a legal expert to act; you just need to know which lever to pull.
In India, crimes against children are governed by a specialized law that overrides general criminal law: The Protection of Children from Sexual Offences (POCSO) Act, 2012.
While the Bharatiya Nyaya Sanhita (BNS), 2023, largely defines rape as an act committed by a man against a woman (Section 64), the POCSO Act is gender-neutral regarding the offender. Section 3 (Penetrative Sexual Assault), Section 5 (Aggravated Penetrative Sexual Assault), and Section 7 (Sexual Assault) use the term "whoever." This means a woman can be arrested, charged, and convicted for the sexual assault of a minor girl or boy.
This is the most critical part for you. Under Section 19 of the POCSO Act, any person who has an apprehension or knowledge that a sexual offence has been committed against a child must report it. You do not need "proof" or a video; a "reasonable apprehension" is enough.
Since July 2024, the procedural aspects are handled under the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023.
POCSO mandates the setting up of Special Courts. The law aims for the trial to be completed within one year from the date of taking cognizance of the offence.
Reporting abuse involves multiple agencies. Follow this sequence to ensure the child's safety and the perpetrator's accountability.
Before calling the authorities, ensure the child is in a safe space away from the accused.
You have three primary ways to report this in Kerala or any other state:
Go to the nearest police station. Under POCSO, the police cannot refuse to file an FIR.
The child must undergo a medical examination within 24 hours of the report.
Within 24 hours of the FIR, the police must produce the child before the CWC. The CWC decides on the "Care and Protection" of the child—whether they should stay at home or be moved to a shelter home for safety.
The police will move an application before a Magistrate to record the child's statement. This is the most crucial piece of evidence.
Under the POCSO Rules 2020, the CWC or the Special Court can recommend "Interim Compensation" for the child’s immediate needs (medical, educational, or relocation). This can be processed even before the trial concludes.
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Systems built on paper often stumble in the real world. Here is where the POCSO process typically hits a snag and how you can push through:
1. The "Family Settlement" Pressure In many cases, especially when the accused is a relative or a "respectable" family friend, the survivor’s family might try to suppress the report to "save face." They might pressure you to keep quiet.
2. Police Refusal to File an FIR A local officer might try to downplay the incident or tell you to "resolve it internally" to keep their station’s crime statistics low.
3. The Gender Bias Trap If the perpetrator is a woman (as seen in recent Kerala cases), local police might be skeptical or claim "women can’t commit such crimes."
4. Privacy Leaks Sometimes, the identity of the child or the reporter is leaked to the media or the neighbourhood, leading to harassment.
"Hello, I want to report a case of child sexual abuse under the POCSO Act. I am [Your Name/Anonymous] calling from [Location]. I have a reasonable apprehension that a minor [Age/Gender] is being harmed by [Name of Accused, if known]. I am reporting this as per my mandatory duty under Section 19 of the POCSO Act. Please send a representative to coordinate with the CWC immediately. I am concerned about the child's immediate safety."
Use this if the local police station refuses to file an FIR.
To, The Superintendent of Police, [District Name], [State]
Subject: Complaint regarding refusal to register FIR in a POCSO matter under Section 173(3) BNSS.
Sir/Madam, I am writing to bring to your notice a cognizable offence committed against a minor child [Child's Age/Gender]. On [Date], I approached the [Name of Police Station] to report an offence under the POCSO Act, 2012. However, the officer-in-charge refused to register the FIR.
Details of the incident: [Briefly describe what happened without using flowery language]. Details of the accused: [Name/Relation to child].
Under Section 19 of the POCSO Act, reporting is mandatory, and under Section 173 of the BNSS, the police are duty-bound to register the FIR. I request you to direct the registration of the FIR and ensure the child’s statement is recorded by a woman officer as per BNSS guidelines.
Sincerely, [Your Name & Contact] [Date]
1. Can a woman really be arrested under POCSO? Yes. While BNS rape laws are mostly male-centric, the POCSO Act is gender-neutral for perpetrators. Section 3 (Penetrative Sexual Assault) and Section 7 (Sexual Assault) apply to "whoever" commits the act. Courts, including the Bombay High Court and various Special POCSO courts, have consistently upheld that women can be principal offenders under this Act.
2. I’m 19, but the victim is 17. Does POCSO still apply? Yes. Under Section 2(1)(d) of the POCSO Act, a "child" is anyone below the age of 18. Even if the victim is 17 years and 11 months old, the case must be handled by a Special POCSO Court, and the strict mandatory reporting rules apply to you.
3. Do I have to pay for the medical exam or the lawyer? No. All medical examinations for the survivor are free at government hospitals. For legal proceedings, the State provides a Special Public Prosecutor to fight the case. If you want your own lawyer to assist, you can hire one, or request a free lawyer from the District Legal Services Authority (DLSA) under the NALSA mandate.
4. What if I report it and I'm wrong? Will I go to jail? No. Section 19(4) of the POCSO Act protects you. As long as you reported the matter in "good faith" (meaning you genuinely believed the child was at risk), you cannot be held civilly or criminally liable, even if the investigation later finds no evidence of abuse.
5. Can the case be settled if the accused pays the family? Absolutely not. POCSO offences are non-compoundable. This means they cannot be "settled" or withdrawn through a mutual agreement or payment. Once an FIR is filed, the state takes over the prosecution, and the case must reach its legal conclusion in court.
6. How long does the trial usually take? According to Section 35 of the POCSO Act, the evidence of the child should be recorded within 30 days of the court taking cognizance, and the trial should ideally be completed within one year. While judicial backlogs exist, POCSO cases are fast-tracked in Special Courts to minimize trauma to the child.
7. Does the child have to see the accused in court? No. Section 36 of the POCSO Act ensures the child does not come face-to-face with the accused during testimony. Courts use screens, curtains, or video conferencing to ensure the child can give their statement without the fear of looking at the perpetrator.
Yes. While BNS rape laws are mostly male-centric, the POCSO Act is gender-neutral for perpetrators. Section 3 (Penetrative Sexual Assault) and Section 7 (Sexual Assault) apply to "whoever" commits the act. Courts, including the Bombay High Court and various Special POCSO courts, have consistently upheld that women can be principal offenders under this Act.
Yes. Under Section 2(1)(d) of the POCSO Act, a "child" is anyone below the age of 18. Even if the victim is 17 years and 11 months old, the case must be handled by a Special POCSO Court, and the strict mandatory reporting rules apply to you.
No. All medical examinations for the survivor are free at government hospitals. For legal proceedings, the State provides a Special Public Prosecutor to fight the case. If you want your own lawyer to assist, you can hire one, or request a free lawyer from the District Legal Services Authority (DLSA) under the NALSA mandate.
No. Section 19(4) of the POCSO Act protects you. As long as you reported the matter in "good faith" (meaning you genuinely believed the child was at risk), you cannot be held civilly or criminally liable, even if the investigation later finds no evidence of abuse.
Absolutely not. POCSO offences are non-compoundable. This means they cannot be "settled" or withdrawn through a mutual agreement or payment. Once an FIR is filed, the state takes over the prosecution, and the case must reach its legal conclusion in court.
According to Section 35 of the POCSO Act, the evidence of the child should be recorded within 30 days of the court taking cognizance, and the trial should ideally be completed within one year. While judicial backlogs exist, POCSO cases are fast-tracked in Special Courts to minimize trauma to the child.
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