POCSO Law in India: Protection of Children from Sexual Offences

It is important to note that the law is child-centric, meaning that the processes involved are child-sensitive.

Under the POCSO Act, sexual offenses are classified into penetrative sexual assault, aggravated sexual assault, sexual harassment, and the use of children for pornographic purposes. 

Any individual who has knowledge of child sexual abuse is mandated to make a report. This can have legal repercussions for failure to do so.

The law requires the formation of Special Courts to handle trials promptly and with sensitivity to children.

The identity of the child victim is wholly protected by law to ensure that he or she is not subject to further trauma or societal stigma. 

Complaints by the parents/guardians or anyone who knows the situation can be brought to the nearest police station or the concerned child welfare committee. 

After the complaint is filed, the police register an FIR and initiate an investigation. During this phase, the police gather evidence, record statements, and take protective actions for the child.

Medical examination of the child is done in order to record evidence of injuries. Care is taken in this process. 

On investigation, the police present the charge sheet to the Special Court. This contains all the evidence and the statements of the witnesses.​ 

The Special Court carries out this trial quickly with an emphasis placed upon protecting the child from psychological trauma. Both the prosecution and defense sides put forward arguments.

The verdict is given by the court after considering evidence, and if found guilty, the offender is sentenced after due consideration of provisions under the POCSO Act.

Either side can appeal the judgment to the appeals courts for a fair process under the law.