Quick answerThe Protection of Children from Sexual Offences Act 2012 (POCSO) protects every person under eighteen from sexual assault, harassment and use in pornography. Anyone who knows of such an offence must report it to the Special Juvenile Police Unit or local police under Section 19, and cases are tried by Special Courts in a child-friendly way. The Act sets minimum sentences, protects the child's identity, provides for a support person and compensation, and presumes guilt for certain offences once foundational facts are proved.
- Law
- POCSO Act 2012, amended 2019
- Child
- Any person under 18
- Court
- Special Court, in camera
- Trial target
- Within one year of cognizance
Offences under the POCSO Act
| Offence | Sections | Punishment (summary) |
|---|
| Penetrative sexual assault | 3 and 4 | Minimum 10 years; minimum 20 years where the child is below 16 |
| Aggravated penetrative sexual assault | 5 and 6 | Minimum 20 years, up to life or death |
| Sexual assault (touch with sexual intent) | 7 and 8 | 3 to 5 years |
| Aggravated sexual assault | 9 and 10 | 5 to 7 years |
| Sexual harassment | 11 and 12 | Up to 3 years |
| Use of a child for pornography, storing such material | 13 to 15 | Varies; storing or sharing is an offence |
Aggravated offences include those by police, public servants, staff of schools or hospitals, relatives, or persons in a position of trust. Abetment and attempt are also punishable. The Supreme Court held in 2024 that viewing, storing or possessing child sexual abuse material can be an offence under Section 15, and urged use of that term in place of child pornography.
Reporting a POCSO offence
Under Section 19, any person, including a parent, teacher, doctor or school authority, who knows or suspects that an offence has been committed must inform the Special Juvenile Police Unit or the local police. Failure to report is punishable under Section 21, and a person in charge of an institution who fails to report about a subordinate faces a higher punishment. A complaint can also be made through Childline (1098) or the national emergency number 112.
After the report the police must, within 24 hours, inform the Child Welfare Committee and the Special Court. If the child needs care and protection, the police arrange it. The child's statement is recorded at home or a place of the child's choice, by a woman officer not below the rank of Sub-Inspector where possible, not in uniform, and in the presence of a trusted adult. A medical examination is done with consent, by a woman doctor in the case of a girl.
Section 22 punishes complaints made falsely to humiliate or extort, but not when the false information comes from a child.
Special Courts, support persons and the trial
POCSO cases are tried by designated Special Courts. The trial is held in camera, the child is not exposed to the accused (screens or video links are used), questions are put through the judge, and the child may have frequent breaks. The child's evidence should be recorded within 30 days of the court taking cognizance, and the trial completed within one year, as far as possible.
The Child Welfare Committee may assign a support person under the POCSO Rules 2020 to help the child and family through investigation and trial. The Supreme Court has directed states to make support persons available in practice. No one, including the media, may disclose the child's name, school, address or any detail that could identify the child, under Section 23.
Sections 29 and 30 create presumptions: once the prosecution proves the foundational facts, the court presumes the offence and the culpable mental state unless the accused proves otherwise. This makes careful preparation on both sides essential.
Age determination of the victim or the accused
Whether a person is a child is often the central question. Courts apply the procedure in Section 94 of the Juvenile Justice (Care and Protection of Children) Act 2015, in this order:
- Date of birth certificate from the school, or the matriculation or equivalent certificate.
- If not available, a birth certificate from the municipal authority or panchayat.
- Only if neither exists, a medical age determination such as an ossification test, which gives a range.
The POCSO Act has no exception for consensual relationships between adolescents: consent of a person under eighteen is not a defence. Courts have noted the hardship this causes and decide bail and sentence on the facts.
If the accused is a child
A person under eighteen accused of an offence is a child in conflict with law and is dealt with by the Juvenile Justice Board, not the Special Court. For heinous offences, where the child was aged sixteen to eighteen, the Board conducts a preliminary assessment under Section 15 of the JJ Act and may transfer the case to the Children's Court for trial as an adult. Bail for a child is the rule under Section 12 of the JJ Act, unless release would expose the child to danger or defeat the ends of justice.
Bail and defence of an accused adult
POCSO does not impose twin conditions for bail, so ordinary BNSS principles apply, but courts weigh the seriousness of the offence, the risk to the child and the stage of trial. Where the case also alleges rape of a girl under sixteen under BNS Section 65, anticipatory bail is barred by Section 482(4) BNSS. Courts generally give the victim's side an opportunity to be heard on bail.
A defence typically examines the age evidence, the timeline, the consistency of statements, the medical and forensic reports and any motive for a false allegation, always without harassing the child. In rare cases where the complaint is plainly abusive of process, a quashing petition may be considered, but High Courts rarely quash POCSO cases on settlement because they concern a child.
Victim compensation
The Special Court can order interim compensation at any stage after the FIR, and final compensation, under Section 33(8) and the POCSO Rules. It is paid by the state from the victim compensation fund, and the child's family can also apply to the District Legal Services Authority. Compensation does not depend on conviction.
What families should and should not do
The first response shapes the case. Keep the child safe and believe what the child says, without pressing for details or making the child repeat the account to many people, because repeated questioning can distress the child and later be used to challenge the statement. Do not confront the suspected person in a way that risks the child, and do not post about the incident on social media, which can itself breach Section 23. Keep clothing, devices and messages as they are, and get medical help at once. A lawyer can then help the family deal with the police, the Child Welfare Committee and the Special Court, and make sure the support person and compensation provisions are actually used.
Documents you need
Do not question the child repeatedly or record videos yourself. Bring only what already exists.
- Copy of the FIR or complaint and the DD or GD number
- The child's birth certificate or school records showing date of birth
- Medical examination report, if done
- Any messages, images or devices relevant to the case, kept unaltered
- Orders of the Child Welfare Committee or Special Court
- ID proof of the parent or guardian
- For the accused: charge sheet, arrest memo and bail orders
How we handle it for you
Confidential consultation
We listen, explain the law and keep the child's identity protected from the first conversation.
Reporting or response
We help families report correctly, or help the accused respond to notices and investigation.
Court applications
We file applications for compensation, protection, bail or age determination as the case needs.
Trial
We represent the family alongside the prosecutor, or defend the accused, through evidence and arguments.
After the verdict
We pursue compensation, appeals or rehabilitation support as applicable.
Why clients choose ProudLegal
Advocates who appear in courtYour matter is drafted and argued by enrolled advocates, not call-centre staff.
Company and tax filings in-houseCompany secretaries and tax professionals handle registrations and returns.
Fees agreed in writingYou receive a written fee quote before any work begins.
Updates on WhatsApp and emailEvery hearing date, filing and document is shared as it happens.
Please note: this page explains the law and procedure in general terms as on 30 October 2026. Fees, limits and timelines change, and the facts of each case matter, so take advice on your own papers before acting.
Frequently asked questions
Who is a child under the POCSO Act?
Any person below eighteen years of age, whether a girl or a boy.
Is it compulsory to report a POCSO offence?
Yes. Section 19 requires anyone who knows of an offence to inform the police or Special Juvenile Police Unit, and failure to report is punishable under Section 21.
Is POCSO bailable?
Most POCSO offences are non-bailable. Bail is decided by the Special Court or High Court on the facts, with weight given to the child's safety.
Is consent a defence in POCSO cases?
No. Consent of a person under eighteen is not legally valid under POCSO, though courts consider the circumstances when deciding bail and sentence.
How is the age of the victim decided?
By school or matriculation records first, then a municipal birth certificate, and only if neither exists, a medical test, as set out in Section 94 of the JJ Act.
Can a POCSO case be compromised?
POCSO offences are not compoundable, and High Courts generally refuse to quash them on settlement because the offence concerns a child.
Will the child have to face the accused in court?
No. The Act requires that the child not be exposed to the accused, using screens or video links, and the trial is held in camera.
Is compensation available to a child victim?
Yes. The Special Court can order interim and final compensation, and it does not depend on conviction.
