Child sexual abuse (POCSO) — what parents should do first in India: report to police / SJPU, Childline 1098, medical exam, child-friendly statement, Child Welfare Committee, support person, mandatory reporting (POCSO Act 2012) (2026)
A plain, careful guide for parents and trusted adults who learn or suspect that a child (anyone under 18) has been sexually abused or harassed: protect and believe the child; report to the police or Special Juvenile Police Unit without doing your own ‘verification’ first (POCSO Section 19; Supreme Court, 2026); how the FIR, 24-hour reporting to the Child Welfare Committee, medical examination (Section 27), child-friendly statement recording (Sections 24–26, BNSS 183), identity protection, support person and legal aid, victim compensation, and why delay or silence is dangerous — including for adults who must report. Educational only — not legal advice and not a substitute for emergency help; Adhiwakta does not file complaints or contact police.
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First — safety, calm and belief
If a child is in danger now, call 112 (emergency response) or Childline 1098 immediately. Listen calmly, believe the child, avoid blame, and keep the child away from the accused. Do not repeatedly question the child, do not ask the child to repeat the story to many people, and do not confront the accused. Do not bathe the child or wash clothes if the incident was very recent, if medical evidence may be needed; keep clothing in a clean paper bag. Do not delay medical help for the child’s health in any case.
Who is covered — what POCSO means
The Protection of Children from Sexual Offences Act, 2012 (POCSO) protects every person below 18 years, boys and girls alike. It covers penetrative sexual assault (Sections 3–4), aggravated forms (5–6), sexual assault (7–10), sexual harassment (11–12) and use of children for pornography (13–15). A child’s ‘consent’ is not a defence because the Act defines a child as anyone under 18. The adult sexual-offence sections of the Bharatiya Nyaya Sanhita, 2023 (sections 63–70, old IPC 375–376) may also apply.
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Write in Hindi or English · general guidance, not legal advice
Mandatory reporting — Section 19 and Section 21
Any person who has knowledge or reason to believe that an offence under the Act has been committed or is likely to be committed must report it to the Special Juvenile Police Unit (SJPU) or the local police. In AAA v. Linda Sema (2026 INSC 675) the Supreme Court held that information received directly from a child who can communicate it is ‘credible’, and that the person receiving it cannot first conduct their own verification before reporting — investigation comes after reporting. Failure to report is an offence (Section 21, up to six months’ imprisonment or fine or both; the child is exempt), and Section 19(7) protects a person who reports in good faith. Making a deliberately false complaint is also punishable (Section 22), but a child is not punished for a complaint.
How to report — FIR, Zero FIR and what police must do
Report at any police station or SJPU; if the offence happened elsewhere the station should still register it as a Zero FIR and transfer it (BNSS Section 173, old CrPC 154). The report is to be recorded in writing, read over to the informant and entered in the register; it must be in simple language so that the child can understand it if the child is present; a free copy of the FIR is to be given. Within 24 hours of receiving the report, the police must also inform the Child Welfare Committee (CWC) and the Special Court about the child’s need for care and protection and the steps taken (Section 19(6)); where urgently needed they must arrange emergency medical care and may arrange a shelter. If a station refuses, follow the written route to the Superintendent of Police and then the Magistrate (see our guide on police refusing to register an FIR).
Medical examination — Section 27
Medical examination can be done even before an FIR is registered (Section 27, read with BNSS Section 184, old CrPC 164A); for a girl child it must be done by a woman doctor, in the presence of a parent or a person the child trusts, or a woman nominated by the hospital head if no such person can be present. Government hospitals must not refuse; ask for the medico-legal examination and keep every paper. For teenagers, age proof (school certificate, birth certificate) is important.
How the child’s statement is recorded
The police statement is to be recorded at the child’s home or a place of the child’s choice, as far as practicable by a woman police officer not below sub-inspector rank, not in uniform; the child must not be detained at a police station at night and must not come in contact with the accused (Section 24). A statement before the Magistrate (BNSS Section 183, old CrPC 164) must be recorded as spoken by the child, in the presence of a parent or trusted person, ideally by audio-video means (Sections 25–26). During trial, the Special Court is to avoid repeated appearances and put questions through the court (Section 33), and identity protection and in-camera trial apply (Sections 33(7), 37, 23; BNS Section 72, old IPC 228A — publishing a child victim’s identity is an offence).
Care, support and legal aid
The Child Welfare Committee can arrange protection, shelter if the child’s safety needs it, and can appoint a support person for the child and family on request (POCSO Rules, 2020, Rule 4). The child’s family is entitled to legal aid through the District Legal Services Authority and may be assisted by an advocate of its choice (Section 40). The Special Court can order interim or final compensation for the child (Rule 7; also BNSS Section 396, old CrPC 357A, and State victim compensation schemes — amounts and schemes differ by State). Counselling for the child and parents is part of care; ask the CWC or Childline.
Trial and timelines
Offences are tried by designated Special Courts. The law says the child’s evidence is to be recorded within 30 days of cognizance and that the trial should, as far as possible, be completed within one year (Section 35). Courts presume the accused committed the offence for the main offences (Section 29) unless the accused proves otherwise. These are statutory targets — real timelines vary. A ‘compromise’ with the accused does not end a POCSO case on its own.
State and local variations
Special Court locations, State POCSO rules and victim-compensation schemes, SJPU availability and CWC procedures differ by State. For online sexual abuse, you can also use the national cybercrime portal (cybercrime.gov.in) and 1930. National helplines: Childline 1098; emergency 112.
What this guide is not
It is not a substitute for medical or emergency help, does not tell you whether a particular act amounts to an offence, and does not promise any outcome. Do not post the child’s details or the accused’s name anywhere.
How Adhiwakta can help
We do not file complaints, contact the police or Child Welfare Committee, or represent anyone. Adhiwakta is a facilitation platform, not a law firm. We do not file cases, appear before any authority, or promise any result. Use Ask Adhiwakta to describe your situation for general guidance from an independent advocate, or start with the AI helper to organise your facts and papers. Educational only — not formal legal advice.
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Frequently asked questions
- Who must report a POCSO offence?
- Any person who has knowledge or reason to believe an offence under POCSO has been committed must report it to the SJPU or local police (Section 19). Failure to report is punishable under Section 21, and a good-faith report is protected under Section 19(7). In 2026 the Supreme Court said you cannot first run your own verification before reporting.
- Do parents have to wait for a medical exam before the FIR?
- No. The medical examination can be done even before an FIR is registered (Section 27). Report promptly, and do not delay urgent medical care.
- How should a child’s statement be recorded?
- At the child’s home or a place of the child’s choice, ideally by a woman police officer not below sub-inspector in plain clothes, with a parent or trusted person present; the child must not be kept at a police station at night or meet the accused. A Magistrate’s statement is recorded as the child spoke it (BNSS Section 183).
- Does the child’s name become public?
- No. The law protects the child’s identity; publishing it is an offence (POCSO Section 23; BNS Section 72). Do not share the child’s details on social media or messaging groups.
- Which helplines can I use?
- Childline 1098 and emergency 112; for online abuse the national cybercrime portal (cybercrime.gov.in) and 1930.
- Does Adhiwakta contact the police for me?
- No. Adhiwakta does not file complaints or contact police. Use Ask Adhiwakta or the AI helper for general educational guidance only.
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