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. I have been reading conflicting things online and I would like to understand what Indian law actually says about this, which Act and Section applies, what the realistic timelines and costs are, and what I should be doing right now to protect my position. If the matter can be resolved without litigation I would prefer that route, but I want to know what my rights are before I agree to anything or sign any document.

MyVakeel Legal Desk · Accepted Answer

How do I file a POCSO complaint for a child sexual abuse case? is governed in India primarily by POCSO Act 2012 s.19, POCSO Act 2012 s.35 and BNSS 2023 s.183. The short answer is set out below, followed by the practical steps most people in this situation need to take. Read it alongside the specific provisions named, because the exact 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 to do next: 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.

If the other side has already issued a notice, filed a case or set a deadline, treat the matter as time-sensitive — most remedies under POCSO Act 2012 s.19 carry limitation periods, and a delay you cannot explain weakens an otherwise strong case. 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 this practice area.