How do I file a POCSO complaint for a child sexual abuse case?

Question

My minor child has disclosed sexual abuse by a known person and I want to know the correct procedure to file a complaint and protect the child during trial. Before I spend money on it, I want to know whether POCSO Act 2012 s.19 gives me a remedy here and what proof I would need. Any Section numbers I can quote when I write to them would be useful.

MyVakeel Legal Desk · Accepted Answer

POCSO Act 2012 s.19, POCSO Act 2012 s.35 and BNSS 2023 s.183 is what decides this question in India. Read it alongside the provisions named, because the relief available to you turns on the facts you can prove on paper.

Section 19 of the POCSO Act mandates any person, including the child or guardian, to report the offence to the police or Special Juvenile Police Unit, and it is compulsory for certain professionals to report suspected abuse.

The police must record the FIR and the child's statement should be recorded at the residence of the child or a place of choice, preferably by a woman police officer, under child-friendly conditions.

Section 35 mandates recording of the child's statement under BNSS s.183 (equivalent to old s.164 CrPC) before a Magistrate as soon as possible, and trial before a Special Court must be completed within one year from cognizance.

The child's identity cannot be disclosed to media under s.23, and in-camera trial procedures with a support person are available to reduce trauma during testimony.

Compensation under the POCSO Rules and victim compensation schemes can be claimed separately through the Special Court or State Legal Services Authority.

What this means for you: 1) Report the abuse immediately to the local police or Special Juvenile Police Unit; 2) Ensure the child's statement is recorded before a Magistrate under s.183 BNSS at the earliest; 3) Request a support person and in-camera proceedings during trial before the Special Court; 4) Apply for interim and final victim compensation through the SLSA.

Where the facts are disputed, what usually decides a pocso complaint procedure matter is the paper trail — dated complaints, acknowledgments and written replies under POCSO Act 2012 s.19. You can post the details on the MyVakeel forum for a practising advocate to review, or book a paid consultation with a Bar Council verified lawyer in criminal law.