1. Introduction

The Protection of Children from Sexual Offences Act, 2012 (POCSO Act) is a landmark legislation aimed at protecting children from sexual offences while ensuring a child-friendly approach throughout the legal process. The Act mandates a victim-centric approach that prioritizes the safety, dignity, and well-being of the child. This law is supplemented by the POCSO Rules, 2020, which establish procedures for investigation, trial, rehabilitation, and compensation of child victims.

2. Child-Friendly Provisions in POCSO Act

The Act and its Rules contain various child-friendly provisions that ensure the legal process does not further traumatize the victim.

2.1. Definition of a Child

• As per Section 2(d) of POCSO Act, a child is defined as any person below the age of 18 years.
• This definition is gender-neutral and applies equally to boys, girls, and transgender children.

2.2. Principles of Child-Friendly Approach

The POCSO Act and Juvenile Justice (Care and Protection of Children) Act, 2015 (JJ Act, 2015) emphasize the following principles:

1. Best Interest of the Child – The child’s welfare is of paramount importance.
2. Dignity and Worth – Ensuring respect for the child’s dignity.
3. Non-Stigmatization – Avoiding language or procedures that blame the child.
4. Non-Waiver of Rights – The child cannot waive any protection granted under the law.
5. Right to Participation – The child’s views must be considered.
6. Confidentiality – Ensuring non-disclosure of the child’s identity.
7. Avoidance of Re-victimization – Preventing repeated trauma through sensitive procedures.

3. Reporting of Child Sexual Abuse

3.1. Mandatory Reporting of Offences

• Section 19 of POCSO Act mandates that any person with knowledge of an offence must report it to the Special Juvenile Police Unit (SJPU) or local police.
• Failure to report is punishable under Section 21.

3.2. Role of Police in Reporting

• Section 19(6) & 19(7): Police must report the matter to the Child Welfare Committee (CWC) and Special Court within 24 hours.
• The police must make arrangements for care and protection of the child, including medical treatment and shelter.

4. Recording Statements of Child Victims

4.1. Statement to be Recorded at a Comfortable Place

• As per Section 24 of POCSO Act, statements must be recorded at the child’s residence or a place of their choice, in a non-threatening environment.
• The statement must be recorded by a woman police officer (as far as possible).
• Police should not be in uniform while interacting with the child.

4.2. Statement before a Magistrate (Section 25)

• The child’s statement under Section 164 of CrPC must be recorded by a Magistrate as spoken by the child.
• The accused’s advocate cannot be present while recording this statement.

4.3. Special Assistance for Children with Disabilities

• If the child has a mental or physical disability, the police or magistrate must seek the help of a special educator, interpreter, or an expert for communication.

5. Medical Examination of the Child

5.1. Section 27 of POCSO Act: Child-Sensitive Medical Examination

• The medical examination should be conducted even if an FIR has not been registered.
• If the victim is a girl child, the examination must be conducted by a woman doctor.
• The child’s parent or a person trusted by the child must be present during the examination.

5.2. Guidelines for Medical Examination

• The Ministry of Health & Family Welfare (MoHFW) issued guidelines for medical professionals to:
  • Ensure no police presence during medical examination.
  • Prohibit the two-finger test.
  • Collect forensic evidence carefully.
  • Provide emergency medical care including prophylaxis for sexually transmitted diseases (STDs) and HIV.

6. Trial Process in Special Courts

6.1. Special Child-Friendly Courts (Section 28)

• Special Courts must be set up for speedy trial of POCSO cases.
• In-camera trial is mandatory under Section 37, ensuring that the child’s identity is not revealed.

6.2. Ensuring No Direct Contact with Accused

• Section 36 mandates that the child should not see the accused during trial.
• Video conferencing, curtains, or one-way mirrors should be used.

6.3. Protection from Aggressive Questioning

• Section 33(6) prohibits aggressive or character-assassinating questions to the child.
• The child cannot be asked leading questions during cross-examination.

6.4. Time-Bound Trials

• Section 35 mandates that the trial must be completed within one year from the date of cognizance.

7. Compensation and Rehabilitation

7.1. Interim and Final Compensation

• Section 33(8) of POCSO Act & Rule 7 of POCSO Rules, 2020 provide for compensation to cover:
  • Medical expenses
  • Rehabilitation
  • Loss of education and livelihood
• Compensation is to be awarded irrespective of conviction.

7.2. Support Persons for the Child

• The Child Welfare Committee (CWC) appoints a Support Person for legal, medical, psychological, and rehabilitation assistance.

8. Role of Stakeholders

Stakeholder	Role in POCSO Cases
Police (SJPUs)	Immediate protection, medical aid, recording of statements, filing charge sheet.
Child Welfare Committee (CWC)	Determines need for rehabilitation, appoints support persons.
Medical Professionals	Conduct medical examination, collect forensic evidence, provide treatment.
Special Courts	Conduct in-camera trials, prevent contact between child and accused, ensure speedy disposal.
NGOs & Experts	Provide legal, emotional, and psychological support.

9. Key Case Laws on Child-Friendly Approach

9.1. Nipun Saxena v. Union of India (2019)

• Supreme Court held that identity disclosure of child victims is prohibited, including on social media.

9.2. Sakshi v. Union of India (2004)

• Court emphasized the need for in-camera trials and special procedures to ensure child victims do not feel intimidated.

9.3. Alakh Alok Srivastava v. Union of India (2018)

• Court ruled that trials in POCSO cases should be completed within one year and that the child’s best interests should be the priority.

10. Conclusion

The POCSO Act, 2012 ensures a child-friendly approach at every stage, from reporting, investigation, and medical examination to trial and rehabilitation. Strict confidentiality, psychological support, and speedy justice are the pillars of this law, aiming to protect the dignity and rights of children while prosecuting offenders effectively.