1. Introduction

The Protection of Children from Sexual Offences Act, 2012 (POCSO Act) is a comprehensive law that aims to protect children from sexual abuse, exploitation, and related offences. It mandates strict penal provisions, a child-friendly judicial system, and a well-defined procedural framework for investigation and trial. Along with the POCSO Rules, 2020, it ensures that multiple stakeholders, including law enforcement agencies, judiciary, medical professionals, social welfare bodies, and legal representatives, work in a coordinated manner to deliver justice.

A child, under Section 2(d) of the POCSO Act, is defined as any person below the age of 18 years. The Act is gender-neutral, meaning it applies to all children regardless of their gender. Given the vulnerability of children, the Act establishes special procedures to prevent revictimization and ensure a sensitive approach to legal proceedings.

For the Act to be effectively implemented, the role of multiple stakeholders becomes crucial. These stakeholders ensure the timely reporting of cases, protection of victims, and fair trial mechanisms, while prioritizing the best interests of the child (as per Section 3, Juvenile Justice (Care and Protection of Children) Act, 2015).

2. Key Stakeholders under POCSO Act and Rules

The POCSO Act and Rules define the responsibilities of the following key stakeholders:

1. Special Juvenile Police Units (SJPU) and Local Police – First responders in child sexual abuse cases.
2. Child Welfare Committees (CWC) – Ensuring the care and protection of victims.
3. Support Persons – Assisting the child victim during the legal process.
4. District Child Protection Unit (DCPU) – Coordination of child welfare services.
5. Magistrates – Recording statements of the child under Section 25 of POCSO Act.
6. Special Courts – Conducting child-friendly trials and ensuring speedy justice.
7. Interpreters, Translators, Special Educators, and Experts – Aiding child victims with communication barriers.
8. Medical Professionals – Conducting medical examinations and collecting forensic evidence.
9. Media and Reporting Agencies – Ethical reporting while maintaining the confidentiality of victims.
10. National and State Commissions for Protection of Child Rights (NCPCR & SCPCR) – Monitoring and ensuring compliance with the POCSO Act.

Each of these stakeholders has clearly defined roles under the POCSO Act and Rules, 2020, ensuring a multi-disciplinary approach to combating child sexual offences.

3. Role of Special Juvenile Police Unit (SJPU) and Local Police

Sections 19 and 20 of the POCSO Act impose a duty on every individual, including police officials, to report cases of child sexual abuse.

3.1. Reporting and Investigation Responsibilities (Section 19, POCSO Act)

• Anyone with knowledge or apprehension of an offence under the Act must report it to the SJPU or local police.
• The police must immediately register an FIR and provide a free copy to the informant (Rule 4(2), POCSO Rules, 2020).
• The police are not permitted to delay FIR registration.

3.2. Ensuring Protection of the Child (Rule 4, POCSO Rules)

• The police must make immediate arrangements for the care and protection of the child.
• If the child’s safety is at risk at home, they must be produced before the CWC within 24 hours.

3.3. Prohibition on Detention of Child

• A child cannot be detained in a police station overnight (Section 24(4), POCSO Act).
• Statements should be recorded at the child’s residence or a place of comfort, preferably by a female officer.

3.4. Preserving Evidence

• Collect forensic and medical evidence immediately.
• Ensure the identity of the child remains confidential during investigation and trial (Section 23, POCSO Act).

4. Role of Child Welfare Committee (CWC)

The Child Welfare Committee (CWC) is established under the Juvenile Justice (Care and Protection of Children) Act, 2015, and plays a vital role in providing care and protection to child victims.

4.1. Assessing Care and Protection Needs

• If the child’s safety is compromised, CWC can place the child in a Child Care Institution (Rule 4(5), POCSO Rules).
• Evaluate the psychological and physical well-being of the child.

4.2. Assigning a Support Person

• Appoint a support person to assist the child and family during investigation and trial (Rule 4(7), POCSO Rules).

4.3. Coordination with Other Authorities

• Coordinate with police, judiciary, hospitals, and NGOs for the child’s safety.
• Recommend compensation and financial aid if necessary.

5. Role of Support Persons

A Support Person is designated by the CWC or at the request of the child’s family.

5.1. Responsibilities of Support Persons (Rule 4(8), POCSO Rules)

• Assist the child throughout the investigation and trial.
• Ensure the child is aware of legal rights and procedures.
• Maintain confidentiality of all case-related information.
• Facilitate psychological and social rehabilitation.

6. Role of District Child Protection Unit (DCPU)

The District Child Protection Unit (DCPU) is responsible for coordinating child welfare services.

6.1. Responsibilities

• Maintain a database of interpreters, translators, and special educators.
• Provide psychosocial support and legal assistance to child victims.
• Ensure proper implementation of victim rehabilitation programs.

7. Role of Magistrates

7.1. Recording Statements under Section 25 of POCSO Act

• Statements must be recorded in a child-sensitive manner.
• The child should not be exposed to the accused.
• Statements must be audio/video recorded when possible (Section 26, POCSO Act).

8. Role of Special Courts

Section 28 of the POCSO Act mandates the establishment of Special Courts to conduct trials.

8.1. Responsibilities of Special Courts

• Conduct in-camera trials to protect the child’s privacy.
• Allow the presence of parents, guardians, or support persons.
• Prohibit aggressive questioning and victim-blaming.
• Ensure cases are disposed of within one year (Section 35, POCSO Act).

9. Role of Medical Professionals

Medical professionals play a critical role in examining victims and collecting forensic evidence.

9.1. Responsibilities

• Conduct a sensitive medical examination (Section 27, POCSO Act).
• Ensure the presence of a parent or trusted person during the procedure.
• For a female child, the examination must be conducted by a female doctor.

10. Role of Media

10.1. Legal Restrictions on Media (Section 23, POCSO Act)

• No disclosure of the child’s identity.
• Ethical and responsible reporting to avoid victim shaming.
• Violations attract imprisonment (6 months – 1 year) and fines.

11. Role of National and State Commissions for Protection of Child Rights

The NCPCR and SCPCR monitor the implementation of the POCSO Act.

11.1. Responsibilities

• Monitor Special Courts and appointment of Public Prosecutors.
• Conduct periodic audits and awareness programs.

12. Conclusion

The POCSO Act and Rules mandate a coordinated effort among police, judiciary, medical professionals, child welfare institutions, legal representatives, and civil society organizations. Ensuring a child-friendly, trauma-sensitive approach will provide justice, rehabilitation, and protection to victims of child sexual abuse.