POCSO Handbook-Combined
POCSO Handbook-Combined
POCSO Handbook-Combined
B Illustration of a case 6
E Interim Compensation 22
Reporting of Offence
● Any person, including the child, who has knowledge that an offence has been committed
or even has an apprehension that an offence is likely to be committed, shall report the
same to the SJPU or Local Police, as per Section 19(1).
● Failure to report such offences is punishable under Section 21(1).
● As per Rule 4(1), POCSO Rules, 2020, the police must provide their name, designation,
address, telephone number and the contact details of their supervisor, to the informant.
● Whoever makes false complaint or provides false information against any person, in
respect of an offence committed under sections 3, 5, 7 and section 9, solely with the
intention to humiliate, extort or threaten or defame him, shall be punished with
imprisonment for a term which may extend to six months or with fine or with both.
Receipt of Complaint
● While registering the FIR, the police must verify the possibility of application of legislation
apart from the POCSO Act, such as the IPC, SC/ST (Prevention of Atrocities Act, IT Act
etc.- Sec 42A POCSO Act, 2012 ( Gaya Prasad Pal @ Mukesh v. State (2016))
● After recording the information in writing, the police must assign an entry number to the
information, and read it over to the complainant clearly with the date, names, location etc.
● In case the child does not understand the language in which the complaint is recorded,
then the police must arrange for a qualified interpreter or translator for the child, as per
Sections 19(4) and 26(2) & (3), POCSO Act, 2012.
● Copy of the FIR should be handed over to the complainant free of cost - Sec 154(2) CrPC
● The survivor/child must be assessed to see if they are in need of care and protection, as
per Section 19(5) viz., immediate emergency medical care, or a Shelter Home within 24
hours.
● If the child is without parental support, or are living with the abuser or potential abuser, the
police must produce the child before the Child Welfare Committee within 24 hours of the
information, as per Rule 4(3), POCSO Rules, 2020 Section 19(6), POCSO Act, 2012. In
other cases, the child need not be produced before the Child Welfare Committee.
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● The police must submit a report to the Child Welfare Committee and the Special Court (or
in its absence, a Sessions Court), about the details of the case and the steps taken to
ensure care and protection to the child, within 24 hours of receipt of the information.
● The police must visit the SOC(s) connected to the case and prepare observation and
seizure Mahazar
● If the child of the age cannot be visibly ascertained, Police should confirm the same
through certificates. To determine the age of the child, date of birth certificate from school
or matriculation (X standard) or equivalent certificate shall be used. In the absence of the
above, birth certificate given by a Corporation or a municipal authority or Panchayat shall
be made use. Only in the absence of above all, age shall be determined by ossification
test. - Sec 94 of JJ Act 2015 - Jarnail Singh vs State of Haryana (SC - 2013) for
applicability to POCSO cases
● The Police must verify the type of offence and assess the need for medical examination
before insisting on complete medical examination.
● As per Rule 4(2)(c), POCSO Rules, 2020, the police must facilitate the medical
examination of the child, by taking them to the hospital for medical examination within 24
hours of the information.
● If an offence has been committed under Sections 3, 5, 7 or 9 of the POCSO Act, the
survivor shall be referred to emergency medical care, as per Rule 6(1), POCSO Rules.
● The police must make prior arrangements for medical examination with the hospital and
inform the parents/guardians regarding the same in advance.
● As per Rule 6(3) no medical practitioner or hospital shall demand legal/magisterial
requisition or any other documentation to provide emergency medical care to the
survivor/child.
● Ensure that the child does not come in contact with the accused during the medical
examination
● Police must provide full protection and confidentiality to the survivor and their
parents/guardian.
● Police officials including the constables shall not be in uniform while taking the child to the
hospital.
● Police must ensure that the forensic samples i.e., fluids, dress, nail, hair, blood etc. are
sent to the Forensic Laboratory at the earliest, as per Rule 4(2)(d), POCSO Rules, 2020
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Recording Statement by Police
● The Police, when recording the statement of a child, must do so at a place preferred by
the child, whether it is the child’s home or place of residence, or any other place in cases
of child sexual abuse within the home or place of residence.
● The police must ensure that the survivor/child is in a safe and comfortable environment,
so that the survivor/child speaks with confidence and trust with the investigating officer.
● The act or rule doesn’t restrict a male officer to take up investigation of the POCSO case.
However, as far as possible and practicable, the statement of the child must be recorded
by a woman police officer not below the rank of a Sub-Inspector.
● The officer recording the statement must be plain clothes and not in police uniform, as per
Section 24(2), POCSO Act, 2012.
● As per Section 26(1), POCSO Act, 2012, the police must record the statement of the child
in presence of the child’s parent or the person in whom the child has confidence and trust.
Ensure that in cases where the suspected offender is a parent/guardian, they do not
accompany the child or be present when the statement is being recorded.
● The police shall record the sequence of events in the case diary, as per Section 19(2),
POCSO Act, 2012
● The police recording the statement of the child must also see to it that the child is not
exposed to the accused, as per Section 24(3), POCSO Act, 2012 and that the child’s
identity is protected from the public and the media.
● As per Section 24(4), POCSO Act, 2012, under no circumstances can the child be asked
to remain in the police station at night.
● FIR must be registered without any delay. A copy of the FIR must be provided to the
complainant free of cost.
● Importantly, the child must be informed of their right to free legal aid and legal
representation, and give them information on contacting the District Legal Services
Authority.
● The police further have the duty to inform the child and their parent/guardian or the
informant about the availability of:
a. emergency health services, support services- and connect the child and their
parent/guardian to such service providers if necessary
b. procedures and stages involved in a criminal case, status of arrest of accused and
investigation- to the extent that it does not interfere with the investigation,
developments in the case including applications filed and court proceedings; status
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of bail application of the accused; filing of charges against the accused; filing of
chargesheet; schedule of court proceedings
c. availability of victim compensation
d. outcome of the trial, sentence imposed on the offender, details of the judgment and
its implications
● Timely updates on the above should also be provided by the police to the child or their
parent/guardian or the person the child trusts.
● The police shall inform the District Legal Services Authority for processing the victim
compensation fund.
● The police shall inform the District Child Protection Officer for extending support to the
survivor/child.
● The District Collector is given a proposal in case the Child is eligible for compensation
under SC/ST Act.
● The data is shared by the SJPU with the National Commission of Protection of Child
Rights / State Commission for Protection of Child Rights through designated reporting
channels.
● 164 CrPC statements should be recorded at the earliest possible time after registration of
FIR (State of Karnataka Vs Shivanna -SC - 2014). Unavoidable delay if any should be
accounted for in the request to the magistrate for recording 164 CrPC statements
● Recording of 164 (5) Cr PC statements invariably using audio-video electronic means
should be done only if it is found necessary on a case to case basis. In such
circumstances also audio-video recording should be done through a police
photographer only and it is the responsibility of the police photographer in compliance
with section 26(4) of the POCSO Act.
● The police shall inform the survivor/child and their parents/guardians of the date of
recording of statement before the Magistrate in advance.
● The police shall assess the survivor/child for their mental and physical stability to depose
before the Magistrate.
● The requirement of an interpreter or translator shall also be assessed in case of special
children.
● The police shall produce the accused for medical examination and collect the relevant
samples like body fluids, dress, nail, hair, blood etc.
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Investigation
● Where the occurrence of offence was recent enough, the police shall collect CCTV
footage of cameras closer to the SOC or places where the child or accused have
frequented.
● The police shall collect CDR details wherever necessary and collect the available
evidence.
● For establishing the presence of the child and accused at the SOC, the relevant
eyewitnesses and/or documents should be collected.
● For establishing online abuse or online threats reportedly done through cyber platforms,
history showing presence of the accused in cyberspace can be collected in both hard as
well as soft copies.
● The IO shall examine connected witnesses and collect relevant documents
● Sections 11 to 15, Section 20 of POCSO Act, 2012 and Section 67B of The Information
Technology Act 2000 deals with cyber crimes related to children.
● Cyber crimes in general or location agnostic. They happen in cyber space and per se FIR
can be registered anywhere.
● The police shall look for the possibility of evidence online or in social media, and collect
the same with certification under Section 65B of IEA. Request shall be made to the Legal
Nodal Officers of various social media sites or other websites or Telecom companies to
obtain relevant evidence and appropriate 65B certificates. Whom should be specifically
reached out to, can be ascertained by interfacing with State Cyber Command Centre or
Cyber crimes wing - CBCID, Chennai
● The police shall seize the mobiles/laptops/computer/storage devices wherever necessary.
It shall be sent to Cyber forensics division, Chennai to ascertain whether any child
pornographic content is present in the device. Scientific officers in the division can be
proactively reached to finalize the questions to be asked to Cyber Forensics Division
based on the case. In case the original device containing the child pornographic material
is seized, 65B is not necessary. If the original device cannot be seized for valid reasons,
an undertaking can be taken from the owner that the original shall not be tampered and
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produced when demanded in court. Police shall then clone the device or copy the content
and obtain 65B from the person who cloned/copied the content.
Monitoring of Cases
● SDO of the All-Women Police Station or Local Police Station where the case was reported
has to personally ensure the procedure is followed throughout.
● Respective ADC/ADSPs for Crimes against Women and Children of Respective
city/District will assist the station and supervise.
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B) POCSO Case Illustration
Swathy is a 15 year old studying in ABC School. She uses public transport to
commute between home and her school. One day while coming back home from school, a
stranger pulls her dress and sexually abuses her. The girl comes home and explains the
incident to her mother. She and her mother then goes to the nearest AWPS to report the
incident.The Women Inspector who is on duty at the Police station immediately listens to the
minor girl and records the complaint and she reads it over to the complainant and after
confirmation the same, the signature of the complainant is obtained. An FIR is immediately
registered.
The registered FIR along with the complaint should be sent to the Special Court
constituted exclusively for POCSO cases. The duty of the police is to issue a copy of the FIR
to the complainant as early as possible and she has the right to receive the copy of the FIR.
The Inspector of police should be in civil dress code so that the victim child along with her
mother have an opportunity to speak freely and can choose the convenient place which may
be her home or Park or any other safe and convenient place of her choice where the child
feels comfortable. If it is the child’s home, the inspector of police should park her police
vehicle at least 200 mts away from the main road of the village and then reach the child’s
home by walking.
At the place of convenience, the Inspector of police interacts with the child along with
her mother to enquire if the incident happened and record the statement u/s 161(3) Cr.P.C.
Inspector should ensure that relevant questions are asked at this stage as the child should
not be made to recollect the trauma multiple times. Then forward the victim girl along with her
mother/guardian to Government Hospital for medical examination through a women
constable who should also to be civil dress code with the proper medical proforma. If there is
no mother/guardian to the victim child, One Social worker can be accompanied for the
medical examination
During examination, the mother of the child who is with the child must give consent to
carry out the medical examination.The medical practitioner shall be a woman and enter the
gist of the incident which was narrated by the child in the prescribed medical proforma format
not in the common accident register or any other forma. Care should be taken to fill all the
columns in the proforma as this would ensure that the case is taken to file immediately. If it
reveals that there is any penetrative sexual assault then seize of the dresses of the victim if
necessary and the same shall be forwarded to Forensic Science Lab through proper
channel.
After completion of the medical examination of the victim child, she may be permitted
to go along with her parents. If she refuses to go or the person who abused the child is a
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member of the family, the victim child can be guarded in a Children's home for further
security. In the meantime, The Inspector of police who starts her investigation should
immediately visit the SOC and shall prepare the observation mahazar, Rough sketch in front
of two independent witnesses who should affix their signatures in the mahazar prepared at
the SOC shall proceed to examine the eye witnesses and hearsay witnesses. The Inspector
of police should collect the birth certificate or school certificate of the victim child to confirm
the age of the victim child is below 18 years in order to ascertain the correctness of the
investigation under POCSO Act.
The Inspector of police should arrest the accused immediately and record the
confession before 2 independent witnesses and to get the signature of the accused and that
of the witnesses. On confession, the facts and materials thereby discovered u/s 27 IEA,
should be recovered through seizure mahazar before the same two witnesses and the same
shall be sent to court with properly filled Form 91. The accused who was arrested, shall be
produced before the Special Court constituted for POCSO Cases along with relevant
records. If the Special Court/PDJ directs any of the Magistrate subordinate to the Special
Court/PDJ to perform the remand procedure, then the accused may be produced before the
nominated Jurisdictional JM Court. On the same day, the Inspector of police may submit her
requisition to the nearby Judicial Magistrate Court to record the 164 CrPC statement of the
victim child and to get the summons to produce the victim child before the Judicial
Magistrate. It is to be noted that video recording of 164 CrPC is not always mandatory and
should be decided only on a case to case basis (High Court Circular in Annexure 1,Page 24)
After the Judicial Magistrate records the 164 CrPC statement, the Inspector of Police
shall submit her requisition to the Special Court for POCSO Cases to hand over the slides
collected during medical examination of the victim child to Forensic Science Lab (FSL). It
shall be noted that if the first remand was performed by the Jurisdictional Magistrate Court
then it takes 2 or 3 days to reach the case file to the POCSO Court. So after 2 or 3 days, the
requisition may be submitted before the Special Court for POCSO Cases. The Inspector of
Police in order to verify the Genuineness of the birth certificate of the victim, requisition for
the genuine certificate can be given to the school education department and can be
obtained. If there is no birth certificate then the school certificate of the victim child can be
taken for age proof.
If the accused is also a Juvenile then the birth certificate/school certificate is
considered for estimation of age just like how it was done for the victim child . The authorities
who issued the relevant certificates should also be examined u/s 161(3) CrPC and the
statements shall be recorded. The Inspector of police should take due caution and necessary
steps if penetrative sexual assault occurred. The clothes of the victim have to be collected
and it should be preserved without keeping it in direct light for a long time as it would destroy
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the crucial evidence. The property has to be taken to court along with duly filled Form 95 and
Property Remand (PR) number has to be obtained from court before forwarding it to FSL to
ascertain whether spermatozoa is present or not. During the medical examination of the
victim child, the Collected smear should also be forwarded to the FSL. They are preserved
by the doctors in two glass slides. If it is a fresh case (i.e within 24 hours of the occurrence)
requisition to take the smear in cotton should also to be mentioned, which will be used for
further DNA examination if necessary. On the requisition and from the order of the Special
court this evidence should be handed over to the Forensic Science Lab in a sealed cover.
Likewise the cloth of the victim shall also be handed over to the FS Lab.
After remanding the accused, requisition shall be given to the Special Court for
POCSO cases to subject the accused for medical examination. After getting the tapal from
the Special Court for POCSO cases (Total 3 tapals - one for IO, one for doctor to conduct
medical examination and one for Prison authorities to send the accused for medical
examination with the Police escort) the accused shall be subjected to medical examination.
Potency report of the accused (S.O case No XX/2022) to be obtained from the doctor and
the statement of the doctor u/s 161(3) CrPC shall be recorded. The Unit officer at this stage
can decide to initiate TN Act No 14 of 1982 against the accused under Sexual Offender
category.
If the Chemical Examination report is like ‘There is no spermatozoa detected’ then get
a final opinion on the same format from the doctor who examined the victim child first and
record the statement of the doctor u/s 161(3) CrPC. If we obtain the Chemical Examination
report as' ’Spermatozoa detected” then the FSL may directly forward that slides to FSL
Madurai to perform DNA Analysis. If the matter contains DNA profile, intimation will be
received from FSL Madurai. Upon receiving intimation, immediately march a constable along
with a requisition to FSL Madurai to get FTA Card with a keep copy marked to the concerned
court.
After this, obtain summons to produce the accused before the Special Court for
POCSO. On the order of court, the accused is to be produced before the Government
Hospital. The Doctor shall collect the blood in an FTA card and the same shall be
videographed and labeled with the accused name and it shall be properly sealed in a cover
with the form. Then forward the blood collected FTA card to the Special Court for POCSO
cases through tapal. Then the IO nominates one police personnel along with requisition to
the court to collect the blood collected FTA card and shall hand it over to the FSL Madurai.
Record the statement of the Doctor who collected the blood and the constable u/s 161(3)
CrPC. After getting the DNA result as 99.999%, a final report in the relevant sections can be
filed. Examine relevant witnesses and lay final report within the stipulated time of 60 days.
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C) Relevant Sections of Law
1 Section 354 : Assault or criminal force to woman Imprisonment not less than 1
. with intent to outrage her modesty year but which may extend to 5
years and fine .
2 Section 354 A (1): Sexual Harassment: A man Section 354 A (2): An offence
. committing any of the following acts: (i) Physical specified in clause (i), (ii) or (iii)
contact or advances which include unwanted of sub- section (1) shall be
sexual overtures, (ii) Request for sexual fa-vours, punished with imprisonment
(iii) Showing pornography against will, (iv) which may extend to three years
Making sexually coloured remarks. and/or fine.
Section 354 A (3): An offence
specified in clause (iv) of
sub-section (1) shall be
punished with imprisonment
which may extend to one year
and/or fine.
3 Section 354 B: assault or use of criminal force to Section 354 B: imprisonment for
. any woman or abetment to such act with the a term not less than three years
intention of disrobing or compelling her to be but which may extend to seven
naked. years, and shall also be liable to
fine.
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communication. Such conduct shall not amount which may extend to five years,
to stalking if (i) it was pursued for the purpose of and fine.
preventing or detecting crime by a man entrusted
with such responsibility by the State (ii) it was
pursued under any condition or requirement
imposed by any person under any law; or (iii) in
the particular circumstances such conduct was
reasonable and justified.
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of mind or intoxication or the administration by
him personally or through another of any
stupefying or unwholesome substance, she is
unable to understand the nature and
consequences of that to which she gives
consent.
Sixthly —With or without her consent, when she
is under eighteen years of age.
Seventhly —When she is unable to communicate
consent.
Explanation 1 —For the purposes of this section,
"vagina" shall also include labia majora.
Explanation2 —Consent means an unequivocal
voluntary agreement when the woman by words,
gestures or any form of verbal or non - verbal
communication, communicates willingness to
participate in the specific sexual act:
7 Section 376 (2) In certain situations, the Section 376 (2) Punishment not
. punishment for rape increases. These situations less than ten years, but may
include: extend to imprisonment for life,
When rape is committed which shall mean imprisonment
a) by a police officer within the limits of the for the remainder of that person's
police station to which such police officer is natural life, and shall also be
appointed; in the premises of any station liable to fine.
house; on a woman in such police officer's
custody or in the custody of a police officer
subordinate to such police officer.
b) by a public servant, commits rape on a
woman in such public servant's custody
c) by a member of the armed forces deployed
in an area by the Central or a State
Government commits rape in such area
d) by management or on the staff of a jail,
remand home or other place of custody
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commits rape on any inmate of such jail,
remand home, place or institution; or
e) by management or on the staff of a hospital,
commits rape on a woman in that hospital;
or
f) by a relative, guardian or teacher of, or a
person in a position of trust or authority
towards the woman, commits rape on such
woman; or
g) during communal or sectarian violence
h) on a woman who is pregnant,
i) on a woman who is under sixteen years of
age,
j) on a woman who is incapable of giving
consent;
k) by a person being in a position of control or
dominance over a woman
l) on a woman who is suffering from mental or
physical disability;
When rape causes grievous bodily harm or
maims or disfigures or endangers the life of a
woman; When a man commits rape repeatedly
on the same woman.
8 Section 376 (A) If in the course of commission of Section 376 (A) If in the course
. an offence under 376 (1) and (2), the man inflicts of commission of an offence
an injury which causes the death of the woman under 376(1) and (2), the man
or causes the woman to be in a persistent inflicts an injury which causes
vegetative state. the death of the woman or
causes the woman to be in a
persistent vegetative state.
10. Section 376 (C) Whoever, being in a position of Section 376(C) Rigorous
authority or in a fiduciary relationship; or a public imprisonment for a term not less
servant; or superintendent or manager of a jail, than five years, but which may
remand home or children's institution; or on the extend to ten years, and fine.
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management or staff of a hospital abuses such
position or fiduciary relationship to induce or
seduce any woman under his charge or present
to have sexual intercourse with him, such sexual
intercourse not amounting to the offence of rape.
12 Section 376 (E): Repeat Offenders Whoever Section 376 (E): Imprisonment
. has been previously convicted of an offence
for life or death.
punishable under section 376 or section 376A or
section 376D and is subsequently convicted.
13 Sec 509: Word, gesture or act intended to Sec 509: Simple imprisonment
insult the modesty of a woman for 3 years and fine.
Whoever, intending to insult the modesty of any
woman, utters any word, makes any sound or
gesture, or exhibits any object, intending that
such word or sound shall be heard, or that such
gesture or object shall be seen, by such woman,
or intrudes upon the privacy of such woman
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• manipulating the body of a child so as to
cause penetration into the vagina, urethra or
anus, and applying the mouth to the vagina,
penis, anus or urethra of a child or making a
child do any of the above with him or any
other person.
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communal or sectarian violence, by a person
previously convicted of having committed any
offence under this act or any sexual offence
punishable under any other law for the time being
in force, penetrative sexual assault and making
the child strip or parade naked in public.
3. Section 7: Sexual Assault includes - Touching Section 8: Not less than three
the vagina, penis, anus or breast of the child with years of imprisonment which
sexual intent or making the child touch the may extend to five years, and
vagina, penis, anus or breast of such person or liable to fine.
any other person, Any other act with sexual intent
which involves physical contact without
penetration.
4. Section 9: Aggravated Sexual Assault - Sexual Section 10: Not less than five
assault by a police officer, member of armed years of imprisonment which
forces, public servant, management or staff of may extend to seven years,
remand home, jail, protection home, observation and liable to fine.
home, management or staff of hospital (whether
government or private) or management or staff of
educational or religious institution. It includes
other acts of sexual assault by any person or in
other circumstances as mentioned in the second
part of section 5, except making a girl child
pregnant.
5. Section 11: Sexual Harassment of the Child-With Section 12: Up to three years
sexual intent: of imprisonment and liable to
fine.
Utters any word or makes any sound, or makes
any gesture or exhibits any object or part of body
with the intention that such word or sound shall
be heard, or such gesture or object or part of
body shall be seen by the child; or makes a child
exhibit his body or any part of his body so as it is
seen by such person or any other person; or
shows any object to a child in any form or media
for pornographic purposes; or repeatedly or
constantly follows or watches or contacts a child
either directly or through electronic, digital or any
other means; or threatens to use, in any form of
media, a real or fabricated depiction through
electronic, film or digital or any other mode, of
any part of the body of the child or the
involvement of the child in a sexual act; or entices
a child for pornographic purposes or gives
gratification therefore.
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6. Section 13 : Use of Child for Pornographic Section 14 (1): Imprisonment
Purposes: use of child in any form of media up to five years and fine and in
(including program or advertisement telecast by the event of subsequent
television, internet or electronic or printed form, conviction, up to seven years
whether or not such program or advertisement is and fine.
intended for personal use or for distribution), for
the purpose of sexual gratification which includes
representation of the sexual organs of the child,
usage of a child engaged in real or simulated
sexual acts (with or without penetration), indecent
or obscene representation of a child.
7. Section 14(2): Penetrative sexual assault Section 14 (2): Not less than
(Section 3) by directly participating in ten years of imprisonment,
pornographic acts. which may extend to
imprisonment for life, and fine.
9. Section 14 (4): Sexual assault (Section 7 ) by Section 14 (4): Not less than
directly participating in pornographic acts. six years of imprisonment
which may extend to eight
years, and fine.
10. Section 14 (5): Aggravated sexual assault Section 14 (5): Not less than
(Section 9) by directly participating in eight years of imprisonment
pornographic acts. which may extend to ten years,
and fine.
12. Section 16: Abetment of an offence: A person Section 17: If the act abetted
abets an offence if he is committed in consequence
• Instigates any person to do that offence of the abetment, the person
• Engages with one or more other person/s in shall be punished with
punishment provided for that
any conspiracy for the doing of that offence, if
offence.
an act or illegal omission takes place in
pursuance of that conspiracy, and in order to
the doing of that offence
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13. Section 18: Attempt to commit an offence Section 18: Imprisonment of
any description provided for
the offence for a term which
may extend to one half of the
imprisonment for life, or one
half of the longest term of
imprisonment provided for that
offence and/or with fine.
14. Section 21: Punishment for failure to report or Section 21 (i) Imprisonment of
record a case by (i) Any person; either description which may
extend to six months or with
(ii) Any person, being in charge of any company fine or with both, (ii) Any
or an institution. (This offence does not apply to a person, being in charge of any
child). company or an institution (by
whatever name called) who
fails to report the commission
of an offence under sub
section (1) of section 19 in
respect of a subordinate under
his control shall be punished
with imprisonment for a term
which may extend to one year
and with fine.
1
Section 67B: Punishment for publishing or Section 67B: On first
transmitting of material depicting children in conviction with imprisonment
sexually explicit act, etc., in electronic form of either description for a
term which may extend to
Whoever,– (a) publishes or transmits or causes to five years and with fine
be published or transmitted material in any which may extend to ten lakh
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electronic form which depicts children engaged in rupees
sexually explicit act or conduct; or
On second or subsequent
(b) creates text or digital images, collects, seeks, conviction with imprisonment
browses, downloads, advertises, promotes, of either description for a
exchanges or distributes material in any electronic term which may extend to
form depicting children in obscene or indecent or seven years and also with
sexually explicit manner; or fine which may extend to ten
lakh rupees
(c) cultivates, entices or induces children to online
relationship with one or more children for and on
sexually explicit act or in a manner that may offend
a reasonable adult on the computer resource; or
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D) Performance Audit & Feedback
2 FIR was only filed by the police after DSP / ADSP intervened
4 The child and/or family visited Law & Order Police Station
where the child was interviewed in detail and then referred to
AWPS without filing FIR.
8. The police visited the child’s house in the police jeep for
conducting preliminary enquiry
10. The child was made to wait at the station unnecessarily for
hours together
12. The child was made to wait at the station through midnight
12. The police asked the family to bring the alleged accused to
the police station
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14. The police used humiliating language / verbally abused the
complainant or blamed the child. (especially in elopement
cases)
17. Police asked the families to arrive early and wait for hours
together at the Magistrate Court for recording 164 CrPC
statement
FIR No:
Police Station:
District:
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E) Interim Compensation
● Section 33(8) of The Protection of Children from Sexual Offences Act, 2012 (POCSO
Act), empowers the Special Courts to direct payment of such compensation as may be
prescribed to the child, for physical or mental trauma caused or for immediate
rehabilitation, in addition to punishment.
● Rule 9(1) of the 2020 POCSO Rules empowers a court to award interim compensation
in appropriate cases, on its own or on an application filed by a victim, to meet the
immediate needs or for relief or rehabilitation, at any stage after registration of the FIR;
which interim compensation is to be adjusted against the final compensation awarded;
● Furthermore, under Rule 9(2), the court, on its own or on an application filed by the
victim, is also empowered to recommend the award of compensation, whether the
accused is convicted or even acquitted or discharged or remains untraced or
unidentified, if in the opinion of the court, the victim has suffered loss or injury as a
result of the offence;
● Rule 9(3) of the 2020 Rules authorises the Special court to make a direction for the
award of compensation to the victims.
● Rule 8 of the Rules 2020 states about a Special Relief to be provided to the victim to
meet contingencies such as food, clothes, transport and other essential needs
required by the child at that stage(the very initial stage). It is the CWC (Child Welfare
Committee) which will assess such amount to be required to the child at that stage and
may recommend immediate payment of the same to the DLSA under sec.357A Cr.P.C.
● Final Compensation - As per Rule 7(1) and 7(2) of the POCSO Rules, a victim is
entitled to both interim compensation for meeting the immediate relief and
rehabilitation needs of the child and final compensation, irrespective of the outcome of
the case in terms of conviction, acquittal or discharge, and also if the accused remains
untraced or unidentified.
● Police Role in compensation:
○ Once FIR is registered, Police shall send a copy of the same to District Child
Protection Officer. It shall keep them informed of the case and helps to facilitate
award of compensation to the victim.
○ The Investigation Officer may also proactively recommend compensation to the
Special Court for consideration. On the other hand, when the Court considers to
award interim compensation on its own, it may demand a report from the
Investigation officer on the eligibility and background of the victim. IO along with
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the report, shall also submit the Aadhar card and bank details of the victim’s
parent or guardian in a timely manner.
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F) Relevant Court Circulars & GOs
(Annexure1)
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CONFIDENTIAL
If special educator/interpreter/support person has helped, then his/her name and signature………………………………………………………………
Name & signature of survivor or parent/Guardian/person in
Name & signature/thumb impression of Witness whom the child reposes trust in case of child (<12 yrs)
………………………………………....................................… ………………………………………....................................…
………………………………………....................................… ………………………………………....................................…
With Date, time and place With date, time & place
This proforma contains 4 copies of each sheet. Sheets are to be distributed as follows:
Pink - For the patient, Yellow - For the police, Blue - for the FSL, White - for the hospital
15 A.History of Sexual Violence
(I) Date of incident/s being reported (ii) Time of incident/s (iii) Location/s
(iv) Estimated duration : 1-7 days……..................... 1 week to 2 months…....................................…..2-6 months….......................…..
>6 months…............................................................................................... Episode: One……….....................................................….
Multiple ……..…….................................Chronic (>6 months) ……...................................Unknown….........................................…….
(v) Number of Assailant(s) and name/s……………………..........……………………......................................................................……
(vi) Sex of assailant(s)……………………..............................Approx. Age of assailant (s)……………………...............................
If known to the survivor – relationship with the survivor.....……………………...............................................................................……..
(vii) Description of incident in the words of the narrator:Narrator of the incident: survivor/informant (specify name and relation to
survivor)…………….............……………….............…………….............…………….............…………….............…………….............……………............
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If this space is insufficient use extra page
Hit with (Hand, fist, blunt object, sharp object) Burned with
Biting Kicking
Pinching Pulling Hair
Violent shaking Banging head
Dragging Any other
15 C.
i. Emotional abuse or violence if any (insulting, cursing, belittling, terrorizing)…………............................................………..........................
ii. Use of restraints if any ……………………………………………………........................……………………………………………………………..
iii. Used or threatened the use of weapon(s) or objects if any……………………………………………………………………………………………
iv. Verbal threats (for example, threats of killing or hurting survivor or any other person in whom the survivor is interested; use of photographs
for blackmailing, etc.) if any:…………………………………………......................................................................………………………...
v. Luring (sweets, chocolates, money, job) if any: ……………...………………………................................................................................……
vi. Any other:……………………………………………………………............................................................................………………………..
15 D.
i. Any H/O drug/alcohol intoxication:....................................................................................................................................................................
ii. Whether sleeping or unconscious at the time of the incident: …………….......................................................................................………………
15 E. If survivor has left any marks of injury on assailant/s, enter details: ………………................................................................................……
............................................................................................................................................................................................................................
This proforma contains 4 copies of each sheet. Sheets are to be distributed as follows:
Pink - For the patient, Yellow - For the police, Blue - for the FSL, White - for the hospital
15 F. Details regarding sexual violence:
Was penetration by penis, fingers or object or other body parts (Write Y=Yes, N=No, DNK=Don’t know) Mention and describe body part/s
and/or object/s used for penetration.
Orifice ofVictim By Penis By body part of self or assailant By Object Yes NO Don’t know
or third party (finger, tongue or
any other)
Genitalia
(Vagina and/
or urethra)
Anus
Mouth
This proforma contains 4 copies of each sheet. Sheets are to be distributed as follows:
Pink - For the patient, Yellow - For the police, Blue - for the FSL, White - for the hospital
18. Local examination of genital parts/other orifices*:
A. External Genitalia: Record findings and state NA where not applicable.
This proforma contains 4 copies of each sheet. Sheets are to be distributed as follows:
Pink - For the patient, Yellow - For the police, Blue - for the FSL, White - for the hospital
19. Systemic examination: .
1) Central Nervous System: …………………………....................................................................…………………………………………..
2) Cardio Vascular System: ………………………………………………..................................................................................…………..
3) Respiratory System: …………………………………………………………...............................................................................………..
4) Chest: ……………………………………………………………………………..............................................................................……...
5) Abdomen: …………………………………………………………………...............................................................................……....
List and Details of clothing worn by the survivor at time of incident of sexual violence
This proforma contains 4 copies of each sheet. Sheets are to be distributed as follows:
Pink - For the patient, Yellow - For the police, Blue - for the FSL, White - for the hospital
4) Genital and Anal evidence (Each sample to be packed, sealed, and labeled separately-to be placed in a bag)
* Swab sticks for collecting samples should be moistened with distilled water provided.
Collected/Not Collected Reason for not collecting
Matted pubic hair
Pubic hair combing (mention if shaved)
Cutting of pubic hair (mention if shaved)
Two Vulval swabs (for semen examination and DNA testing)
Two Vaginal swabs (for semen examination and DNA testing)
Two Anal swabs (for semen examination and DNA testing)
Vaginal smear (air-dried) for semen examination
Vaginal washing
Urethral swab
Swab from glans of penis/clitoropenis
*Samples to be preserved as directed till handed over to police along with duly attested sample seal.
22. Provisional medical opinion
I have examined (name of survivor)....................................................M/F/Other.....................................aged..................................................
reporting_ (type of sexual violence and circumstances).................................................................................................................................. days/
hours after the incident, after having (bathed/douched etc)................................................................................... My findings are as follows:
• Samples collected (for FSL), awaiting reports ..........................................................................................................................................................
• Samples collected (for hospital laboratory) ..............................................................................................................................................................
• Clinical findings .....................................................................................................................................................................................................
• Additional observations (if any) ..........................................................................................................................................................................
23. Treatment prescribed:
Treatment Yes NO Type and comments
STI prevention treatment
Emergency contraception
Wound treatment
Tetanus prophylaxis
Hepatitis B vaccination
Post exposure prophylaxis for HIV
Counselling
Other
24. Date and time of completion of examination ……………………...........................................................................……….....………......
This report contains ………………….......................................................…….. number of sheets and ………………...........................……..….
number of envelopes.
Signature of Examining Doctor
Place: Seal
25. Final Opinion (After receiving Lab reports)
Findings in support of the above opinion, taking into account the history, clinical examination findings and Laboratory reports of
……………….................................................. bearing identification marks described above, ……………………........ hours/ days after the incident
of sexual violence, I am of the opinion that: .........................................................................................................................................................
...........................................................................................................................................................................................................................
...........................................................................................................................................................................................................................
Place: Seal
COPY
ThisOF THE ENTIRE
proforma contains 4MEDICAL REPORT
copies of each sheet.MUST
SheetsBEareGIVEN TO THE SURVIVOR/
to be distributed as follows:
VICTIM FREE OF COST IMMEDIATELY
Pink - For the patient, Yellow - For the police, Blue - for the FSL, White - for the hospital