How to report child sexual abuse under POCSO Act and BNSS

The person everyone trusts is a predator: Now what?

You are in Eluru, or perhaps any town in Andhra Pradesh, and you hear a rumor that turns your stomach. A local leader—maybe a pastor like the one recently accused in Eluru, a teacher, or a relative—has been repeatedly assaulting a 14-year-old girl. People in the community are whispering, but they are afraid to speak up because of the person's status. You might feel like it is not your business or that you are too young to help. But in India, if you know a child is being abused and you stay silent, you are not just a bystander—you might be breaking the law yourself. This guide shows you how to trigger the system safely and effectively.

What the law actually says about child protection

The primary shield for anyone under 18 is the Protection of Children from Sexual Offences (POCSO) Act, 2012. Unlike many other laws, POCSO is gender-neutral and focuses entirely on the safety of the child. Since July 2024, the procedural aspects are also governed by the Bharatiya Nagarik Suraksha Sanhita (BNSS).

1. Mandatory Reporting (Section 19, POCSO Act)

This is the most important part for you to know: if you have an apprehension that an offense under POCSO has been committed or is likely to be committed, you must report it. You do not need proof; you only need a reason to believe it happened. Under Section 21, any person who fails to report such an offense can be punished with imprisonment for up to six months or a fine. If you are an employee of an institution (like a school or church) and you hide it, the penalty is even higher.

2. Protection of the Reporter (Section 19(4), POCSO Act)

The law protects you. No person can be held civilly or criminally liable for reporting an offense in good faith. You cannot be sued for defamation for telling the police or the Child Welfare Committee (CWC) about your concerns.

3. The Definition of Assault

Under Section 3 and 4 of POCSO, penetrative sexual assault carries a minimum of 10 years to life imprisonment. If the perpetrator is in a position of trust or authority (like a pastor, priest, or teacher), it is classified as Aggravated Penetrative Sexual Assault under Section 5 and 6, which can carry the death penalty in extreme cases. For more on reporting harassment in institutional settings, see our guide on POSH at workplace and college.

4. Confidentiality (Section 23, POCSO Act)

The identity of the child must never be disclosed in the media or public records. This includes their name, address, school, or any detail that could lead to their identification. Violating this is a serious criminal offense.

Your playbook for reporting and protection

Reporting a crime against a minor involves multiple agencies. In Andhra Pradesh, you have specific state-level tools like the Disha system designed to speed this up.

Step 1: Immediate Reporting (The First 1 Hour)

You have three main ways to report this without walking into a police station immediately:

1. Call 1098: This is the national Childline India: 1098. It is a 24/7 emergency outreach service. They will coordinate with the local police and the CWC for you.
2. The Disha App: If you are in Andhra Pradesh, use the Disha App. It has an SOS button that sends your location to the nearest police vehicle and triggers a response from the local Disha Police Station.
3. Call 112: The national emergency number. State clearly that you are reporting a POCSO case.

Step 2: Filing the FIR (The First 24 Hours)

Once the police are notified, they must register a First Information Report (FIR) under Section 173 of the BNSS.

• Who records it? Preferably a woman sub-inspector or above.
• Where? The police should ideally come to the child’s home or a place where the child feels comfortable. The child should not be taken to the police station unless absolutely necessary.
• Special Juvenile Police Unit (SJPU): Every district has an SJPU. Ensure you ask if an officer from the SJPU is handling the case.
• If the police refuse to file the FIR, read our guide on How to file an FIR (and what to do if police refuse).

Step 3: Medical Examination (Within 24 Hours)

Under Section 27 of POCSO, the child must undergo a medical examination.

• It must be conducted in the presence of the child’s parent or a person in whom the child has trust.
• It must be done by a female doctor.
• No medical examination can be done without the child's consent (or the parent's consent if the child is very young), but the doctor must explain that the exam is for their benefit.

Step 4: Recording the Statement (Section 183 BNSS / Section 25 POCSO)

The child’s statement will be recorded by a Judicial Magistrate.

• The Magistrate must record the statement exactly as spoken by the child.
• The perpetrator or their lawyer cannot be present while the child is giving this statement.
• The police officer recording the statement must not be in uniform.

Step 5: Child Welfare Committee (CWC) Intervention

The police must report the case to the CWC within 24 hours. The CWC is responsible for the child's immediate safety, including providing a safe house (shelter home) if the child is being abused at home, and ensuring the child receives counseling. They also facilitate Interim Compensation through the District Legal Services Authority (DLSA) to help with immediate medical or legal costs.

Browse all civic-action guides

Where it usually breaks

Even with a strong law like POCSO, the system often hits friction, especially when the accused is an influential figure like a religious leader or a local "big man." Here is where the process typically stalls and how you can push through:

1. The "Compromise" Trap: In smaller towns or tight-knit communities, the police or local elders might pressure the family to "settle" the matter to save the child’s "honour." The Workaround: Remind them that POCSO offences are non-compoundable. This means legally, there is no such thing as a "settlement." If a police officer suggests this, they are committing an offence under Section 198 of the BNSS (failing to register an FIR) and Section 21 of the POCSO Act. Record the conversation if safe, and escalate to the Superintendent of Police (SP) or the District Child Protection Unit (DCPU).

2. Medical Examination Hurdles: A hospital might refuse to conduct a medical exam without a "police memo." The Workaround: Under Section 164 of the BNSS and Section 27 of the POCSO Act, any registered medical practitioner in a government or local authority hospital must conduct the exam immediately. They cannot wait for a police report if the child needs urgent care. If they refuse, call 1098 while at the hospital.

3. The "Two-Finger Test" Nightmare: Despite a categorical ban by the Supreme Court in State of Jharkhand v. Shailendra Kumar Rai (2022), some doctors still perform this invasive and illegal test. The Workaround: If you are accompanying the survivor, explicitly state that the "Two-Finger Test" is illegal as per Supreme Court guidelines and Section 164(2) of the BNSS. Any doctor performing it can be held in contempt of court and faces disciplinary action.

4. Privacy Leaks: Local "reporters" or social media handles might post the child’s photo or the accused’s name in a way that identifies the child. The Workaround: This is a direct violation of Section 23 of the POCSO Act. Take screenshots and report these links to the National Commission for Protection of Child Rights (NCPCR) via their "E-Baal Nidan" portal or email them at [email protected].

5. Institutional Cover-ups: If the abuse happened in a hostel or school, the management might try to hide it to protect their license. The Workaround: Remind the management that under Section 21(2) of POCSO, if an institution fails to report, the persons in charge can be jailed for up to one year.

Templates / script

A. Template for reporting to the Police/CWC

Use this if you are sending a written complaint via email or post to the SHO or the Child Welfare Committee.

Subject: Information regarding commission of offence under POCSO Act, 2012 – [Name of Locality/Village]

To, The Station House Officer / Chairperson, CWC, [District Name, e.g., Eluru, Andhra Pradesh]

I am writing to formally report an incident of suspected child sexual abuse. As per Section 19 of the POCSO Act, 2012, I have a legal obligation to report this information.

1. Information about the Child: [Age, Gender, and Location—do not use the name if you want to maintain confidentiality in the initial draft].
2. Information about the Accused: [Name/Description, e.g., Pastor Rambabu, Location].
3. Nature of Incident: [Briefly describe what you saw or heard, e.g., "The child was seen being taken into a private room repeatedly by the accused"].
4. Date/Time: [Approximate dates].

I request you to immediately record the statement of the child as per Section 180 of the BNSS in the presence of a woman police officer and ensure the child's safety. Please provide me with a copy of the FIR (free of cost) as per Section 173(2) of the BNSS.

Regards, [Your Name/Anonymous] [Your Contact Details]

---

B. RTI Script to check investigation status

If 30 days have passed and no chargesheet has been filed, file an RTI on rtionline.gov.in (or the state portal).

Public Information Officer: Office of the SP, [District Name] Text: With regard to FIR No. [Number] registered at [Police Station Name] under the POCSO Act:

1. Provide the current status of the investigation.
2. Has the statement of the victim been recorded under Section 183 of the BNSS before a Magistrate?
3. Has the medical examination report been received as per Section 164 of the BNSS?
4. Provide the date on which the chargesheet is expected to be filed in the Special POCSO Court.

---

C. Helpline Script (1098 / 112)

"Hello, I want to report a POCSO case in [Locality, Eluru]. A minor girl is being abused by [Name/Position]. I am calling to fulfill my mandatory reporting duty under Section 19 of the POCSO Act. I need a Childline representative to coordinate with the local police immediately because the accused is an influential person. Please give me a reference number for this call."

FAQs

1. Can I get in trouble if my "suspicion" turns out to be wrong? No. Section 19(4) of the POCSO Act specifically protects you. As long as you reported in "good faith" (meaning you didn't intentionally lie to harass someone), you cannot be sued or prosecuted, even if the investigation later finds no evidence.

2. Can I report without giving my own name? Yes. You can call 1098 and ask to remain anonymous. While the police prefer a named informant for the FIR, the system is legally bound to act on the information regardless of who provided it.

3. Does the child have to go to the police station? No. Under Section 24 of POCSO, the police must record the child’s statement at their residence or a place of their choice. The officer must be in plain clothes (not uniform) and a woman officer must be present.

4. Is there any financial help for the victim's family? Yes. Under Section 33(8) of the POCSO Act, the Special Court can order "interim compensation" for the child’s immediate needs (medical, food, etc.) even before the trial ends. Later, final compensation is awarded through the State Victim Compensation Scheme.

5. What is the timeline for these cases? The law is strict: the investigation should ideally be completed within 2 months of filing the FIR (Section 173 BNSS), and the Special Court should strive to complete the trial within 1 year from the date the offence was recorded.

6. What if the police refuse to file an FIR? If the SHO refuses, send your complaint in writing to the Superintendent of Police (SP) via registered post under Section 173(4) of the BNSS. You can also approach the local Magistrate directly under Section 175(3) of the BNSS to ask for an investigation.