Every child has the right to grow up in safety, dignity and with protection from sexual violence. Yet when children experience sexual violence, children and their families often have to navigate a complex system of police, hospitals, Child Welfare Committees, lawyers and courts at a time when they may already be overwhelmed.

The Protection of Children from Sexual Offences (POCSO) Act, 2012 was introduced to create a legal framework specifically for children who experience sexual offences. It defines different forms of sexual offences against children and, importantly, lays down child-friendly procedures intended to protect the child during investigation and trial.

For Prerana, this is an area of work that goes back much further than the enactment of the POCSOA.

 

Prerana and the protection and redressal of children from sexual violence

Prerana began its work in 1986 in Kamathipura, Mumbai, working with women and children living in the red-light area. Protecting children from exploitation and breaking cycles of intergenerational trafficking has been central to our work from the beginning. Over the years, Prerana has worked with thousands of women and girls affected by sexual violence, trafficking and commercial sexual exploitation.

This experience meant that Prerana was already working with child victims of sexual violence much before the POCSO Act came into force in 2012. Since the enactment of the POCSO Act, the organization has worked alongside child protection systems, police, medical professionals, prosecutors and the judiciary to strengthen implementation of the law while serving the best interest of the child victim.

Prerana has also created spaces for civil society organizations and other stakeholders to examine the challenges of implementing POCSO. Its POCSO on the Ground consultations, conducted in partnership with UNICEF India, brought together organizations working with child victims to discuss issues such as mandatory reporting, criminal justice system, rehabilitation and health systems. 

This experience continues today through Prerana’s work with child protection systems, Support Persons, legal aid initiatives, knowledge resources on POCSO, training programs for professionals supporting child victims of sexual violence, etc. 

 

What does POCSO cover?

The POCSO Act applies to every person below 18 years of age. It is gender-neutral: a child of any gender can be a victim, and a person of any gender can be an offender.

The Act recognises different forms of sexual offences, including:

 

1. Penetrative sexual assault

POCSO gives a much broader definition of penetrative sexual assault than the conventional understanding of rape, which has historically focused primarily on penile-vaginal penetration. Under POCSO, penetration to any extent of the penis or any other body part or object into the vagina, urethra, anus or mouth of a child is covered. The law also covers situations where a child is made to engage in such acts with the accused or with another person. For further information on this, please refer to Sections 3 and 4 of the POCSO Act. 

 

2. Sexual assault

POCSO also covers sexual acts involving physical contact where there is no penetration like touching the child’s vagina, penis, anus or breasts or making the child do so or any other act with sexual intent. Sexual intent is an important element of this offence.

The Act of penetrative sexual assault and sexual assault further identifies certain circumstances as aggravated penetrative sexual assault and aggravated sexual assault, for which the punishment is more severe. An offence may be aggravated, among other things, because of the relationship between the child and the accused considering the position of trust, authority or responsibility held by the accused. For example, this may include a parent or caregiver, a police officer, or a person working in a hospital or other institution providing services to children.

The circumstances and impact of the offence may also make the offence aggravated. For example, this includes cases where the child becomes pregnant as a result of the offence, contracts HIV, or suffers particularly serious harm. 

These provisions are covered primarily under Sections 5, 6 and Sections 9, 10 of the POCSO Act.

 

3. Sexual harassment

POCSO goes further in clarifying that sexual abuse does not always involve physical touch. POCSO recognises sexual harassment of children which may be non touch, including making sexually explicit gestures or sounds, showing sexual material to a child including pornography, repeatedly following or contacting a child, including through digital means, and threatening to circulate sexual images of the child. This is further clarified in section 11 and 12 of the POCSO Act. 

 

4. Using children for pornographic purposes

POCSO recognises the use of children for pornographic purposes as a separate offence. The 2019 amendment in the law strengthened these provisions (Section 13 – 15) and introduced a statutory definition of “child pornography” under Section 2(da).

The Act covers using a child in pornographic material, including visual depictions of sexually explicit conduct involving a child. This can include photographs, videos and digital or computer-generated images that depict or appear to depict a child.

Importantly, POCSO does not only address the person who creates such material. Section 15 also deals with the storage or possession of pornographic material involving a child in specified circumstances. Following the 2019 amendment, the law provides for different consequences where such material is stored or possessed with an intention to share or transmit it, or for the purpose of transmitting, displaying or distributing it. Storing or possessing such material for a commercial purpose also attracts more stringent punishment.

Thus, if we were to come across sexual or pornographic material involving a child, we should be mindful to not forward, share or circulate it—even with the intention of showing it to someone for help. It should be reported through the appropriate authorities or reporting mechanisms instead.

You can report CSAM on the National Cybercrime Portal (https://cybercrime.gov.in/home) or the NCPCR POCSO E-box portal: https://ncpcr.gov.in/pocso 

Note: “Pornographic material involving a child” or “child sexual abuse material (CSAM)” is used where appropriate, rather than using “child pornography.” The statutory term ofcourse remains “child pornography,” but CSAM is increasingly used to emphasise that the material documents or depicts the sexual abuse/exploitation of a child rather than being viewed in comparison to consensual adult pornography.

 

5. Attempt and abetment

POCSO recognises that a sexual offence against a child may not always be completed in action. A person can still be held responsible if they attempt to commit an offence under the Act. An attempt involves taking steps towards committing an offence, even when the offence is ultimately not completed.

The Act also makes abetment punishable. This includes instigating another person to commit an offence, intentionally helping or facilitating the offence, or engaging with one or more persons in a plan to commit it. Therefore, responsibility under POCSO is not limited to the person who directly commits the sexual offence.

For example, a person who intentionally assists another person in sexually abusing a child, or encourages or facilitates the commission of such an offence by offering a space or guarding the accused, may also attract liability under POCSO.

These provisions are important because they recognise that participation in or facilitation of sexual violence against children can take different forms, and the law does not require the offence to have been successfully completed before an attempt or abetment can be addressed.

Sections 16–18 of the POCSO Act deal with abetment and attempt.

 

6. Reporting of offence and Recording of FIR is mandatory

POCSO places a legal duty to report on any person who has knowledge that a sexual offence against a child has been committed, or has reason to believe that such an offence is likely to be committed. The information must be reported to the Special Juvenile Police Unit (SJPU) or the local police.

This is particularly important for adults and professionals who work closely with children. The responsibility to report does not depend on the person being able to establish that an offence has definitely taken place, the law also covers situations where there is an apprehension that an offence is committed or is likely to be committed.

At the same time, POCSO recognises that people may hesitate to report because they fear legal consequences or retaliation. A person who provides information in good faith about an offence is protected from civil or criminal liability for doing so.

The law also places a corresponding duty on the police: when information about a POCSO offence is brought to their notice, they are required to record the information in writing. Failure to report an offence, or failure by the police to record information as required, can itself attract punishment under the Act.

 

What sets POCSO apart? Child-friendly procedures under the POCSO

One of the most important features of POCSO is that it does not only define sexual offences and prescribe punishments. It also recognises that the legal process itself can be difficult and traumatic for a child and therefore lays down several safeguards to make the process more child-friendly.

The Act and the Rules provide safeguards at different stages of the process, including:

• Recording the child’s statement: As far as possible, the child’s statement should be recorded at the child’s home, usual place of residence or a place of the child’s choice. It should be recorded in simple language and, as far as possible, by a woman police officer who is not in uniform.
• Presence of a trusted adult: The child can have a parent or another person whom the child trusts and in whom the child has confidence present while their statement is recorded.
• Communication support: A translator, interpreter, special educator or person familiar with the child’s communication needs can assist where required, including when the child has a disability.
• Protection from the accused: The child should be protected from coming into contact with the accused during investigation and trial which means at the Police Station, during investigation and in the court. A child should not be kept at a police station overnight.
• Child-sensitive medical examination: The medical examination of the child is expected to be conducted in a manner that protects the child’s dignity and, where the child is a girl, by a woman doctor as far as possible. Emergency medical care cannot be denied for want of legal or procedural documents.
• Support during the legal process: The POCSO Rules provide for a Support Person who can help the child and family understand the process, access services and navigate the investigation and trial.
• Special assistance where required: Children can receive assistance from experts, special educators, interpreters and translators where necessary.
• Free legal assistance: The child and family can access legal assistance, including free legal aid where they cannot afford a lawyer.
• Child-friendly trial: The Special Court must take steps to make the trial less intimidating for the child. The child should not be repeatedly called to testify, can be given breaks when required, and should be protected from aggressive questioning or character assassination.
• In-camera proceedings: The trial is held in camera, meaning that members of the general public are not permitted to attend.
• Protection of identity: The identity of the child must be protected. The law restricts disclosure of information that could reveal the child’s identity, including through the media. Violation of this requirement attracts penalty and or prosecution. 
• Time-bound trial: The Special Court is required to complete the trial, as far as possible, within one year from the date it takes cognizance of the offence.
• Information about rights and entitlements: The police or Special Juvenile Police Unit must inform the child and their parent, guardian or trusted person about the child’s entitlements and available services under the Act and Rules.

Taken together, these provisions reflect an important principle: a child should not have to repeatedly relive their experience or feel unsafe while seeking justice. The purpose of these safeguards is to ensure that the process of reporting, investigation and trial protects the child’s dignity, safety and best interests.

Prerana has been working to strengthen this aspect of POCSO implementation through its engagement with child protection and justice systems. Prerana has also worked as a Support Person under the POCSO Rules and developed accessible resources such as Humraah to help children, families and frontline workers better understand and navigate child-friendly procedures.