Key points
- Under the POCSO Act, 2012, anyone below eighteen is a child, and a child's apparent consent is no defence.
- Since the 2019 amendment, penetrative sexual assault carries at least ten years' imprisonment, and at least twenty years where the child is below sixteen.
- Anyone who knows of or suspects an offence must report it to the police, and failing to report is itself punishable.
- Special Courts try these cases in camera, and the trial should be completed, as far as possible, within one year of cognizance.
- No one may publish anything that could identify the child without the Special Court's permission.
- The Special Court can order interim compensation at any stage after the FIR, and the State must pay within thirty days of the order.
The Protection of Children from Sexual Offences Act, 2012, commonly called the POCSO Act, is India's main law against child sexual abuse. It protects every person below eighteen years of age, girl or boy, whoever the offender is: a stranger, a relative, a teacher or someone in a position of authority.
The Act defines the offences, sets minimum sentences that were made much stricter in 2019, makes reporting abuse a legal duty, and requires Special Courts to try these cases quickly and without further harm to the child. It works alongside the Bharatiya Nyaya Sanhita, 2023 (BNS), which replaced the Indian Penal Code (IPC) from 1 July 2024.
Who is a child under the POCSO Act?
Section 2(1)(d) defines a child as any person below the age of eighteen years, and the law protects boys and girls alike. Consent is irrelevant: the Act treats a person under eighteen as unable to consent to a sexual act, so a child's apparent agreement is no defence.
Where age is disputed, courts generally rely first on a school or matriculation certificate, then on a birth certificate from a municipal body or panchayat, and turn to a medical age test only when neither exists, following Section 94 of the Juvenile Justice (Care and Protection of Children) Act, 2015.
Offences and punishments under the POCSO Act
The Act covers five kinds of sexual offences against children:
- Penetrative sexual assault (Section 3) and aggravated penetrative sexual assault (Section 5).
- Sexual assault (Section 7), meaning physical contact with sexual intent but without penetration, and aggravated sexual assault (Section 9).
- Sexual harassment (Section 11), such as sexual remarks or gestures, showing a child pornographic material, or repeatedly following or contacting a child in person or online.
- Using a child for pornographic purposes (Section 13), and storing or possessing such material (Section 15).
- Abetment and attempt of any of these offences (Sections 16 to 18).
An offence is ‘aggravated’ when committed in circumstances the law treats as more serious (Sections 5 and 9), such as abuse by a police officer, public servant, relative or person in a position of trust; by staff of a school, hospital or children's home; gang assault; abuse of a child below twelve or of a child with a disability; and abuse that causes grievous hurt or pregnancy.
Punishments after the 2019 amendment
The Protection of Children from Sexual Offences (Amendment) Act, 2019 raised the minimum sentences for the gravest offences and introduced the death penalty for aggravated penetrative sexual assault.
| Offence | Punishment section | Punishment |
|---|---|---|
| Penetrative sexual assault | Section 4 | At least 10 years, up to life imprisonment, and fine; at least 20 years, up to imprisonment for the rest of natural life, and fine if the child is below 16 |
| Aggravated penetrative sexual assault | Section 6 | At least 20 years, up to imprisonment for the rest of natural life, and fine; or death |
| Sexual assault | Section 8 | 3 to 5 years and fine |
| Aggravated sexual assault | Section 10 | 5 to 7 years and fine |
| Sexual harassment | Section 12 | Up to 3 years and fine |
| Using a child for pornographic purposes | Section 14 | At least 5 years and fine; at least 7 years and fine on a repeat conviction |
Mandatory reporting under the POCSO Act
Section 19 requires any person, including the child, who knows that an offence has been committed, or fears that one is likely, to inform the Special Juvenile Police Unit (SJPU) or the local police. A report can be made at any police station, on the emergency number 112, or through the child helpline 1098.
Failing to report is an offence under Section 21, punishable with up to six months' imprisonment, or fine, or both. A person in charge of a company or institution who fails to report an offence by a subordinate faces up to one year's imprisonment and fine. A child cannot be punished for not reporting, and a report made in good faith attracts no civil or criminal liability (Section 19(7)).
To guard against misuse, a false complaint made solely to humiliate, extort, threaten or defame someone is punishable with up to six months' imprisonment, or fine, or both, but a child is never punished for one (Section 22).
What happens after a report is made
The police must record the report in writing, in simple language where the child is the informant, read it over and give a copy of the FIR. If the child needs care and protection, the police must arrange it within twenty-four hours, including admission to a shelter home or hospital (Section 19(5)). Within the same period, they must report the matter to the Child Welfare Committee (CWC) and the Special Court (Section 19(6)).
The child's statement is recorded at home or at a place of the child's choice, as far as practicable by a woman officer not below the rank of Sub-Inspector and not in uniform. The child must not meet the accused and must never be kept in a police station at night (Section 24). A girl is medically examined by a woman doctor, with a parent or other trusted person present (Section 27), and hospitals must give emergency care without first demanding police paperwork.
The CWC decides whether the child can safely stay with the family or needs another arrangement, which matters most where the suspected abuser lives in the same home.
Special Courts, child-friendly trials and time limits
A Court of Session in each district is designated as a Special Court for POCSO cases (Section 28), with a Special Public Prosecutor (Section 32). The procedure is built around the child:
- The trial is held in camera, with the child's parent or another trusted person present (Section 37).
- Questions are put to the child through the judge, aggressive questioning or character assassination is not allowed, and the child may take breaks and must not be called to testify repeatedly (Section 33).
- The child must not see the accused while giving evidence, so courts use video links, one-way mirrors or curtains while ensuring the accused can hear the statement (Section 36).
- An interpreter or special educator can assist a child who needs help communicating (Section 38).
- The family may engage its own lawyer, and the Legal Services Authority must provide one if it cannot afford to (Section 40).
Section 29 lets the court presume that the accused committed an offence under Sections 3, 5, 7 or 9 unless the contrary is proved, though courts have held that the prosecution must first establish the foundational facts. How bail applications and trials proceed in such cases is explained on the firm's criminal defence and bail page.
Time limits
- Report to the CWC and Special Court: within twenty-four hours (Section 19(6)).
- Investigation: within two months of the information being recorded, for offences under Sections 4, 6, 8 and 10 (Section 193(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, or BNSS).
- Child's evidence: recorded within thirty days of the Special Court taking cognizance (Section 35(1)).
- Trial: completed, as far as possible, within one year of cognizance (Section 35(2)).
The one-year period runs from cognizance, when the court formally takes up the case, not from the date of the complaint, and ‘as far as possible’ makes it a target rather than a deadline. For the more serious offences there is no time bar on complaining, so an adult can still report abuse suffered in childhood.
Identity protection and child sexual abuse material
Keeping the child's identity secret
Section 23 forbids any media report from disclosing the child's name, address, photograph, family, school, neighbourhood or any other detail that could identify the child, unless the Special Court permits it in the child's interest. The penalty is six months to one year's imprisonment, or fine, or both. In Nipun Saxena v. Union of India (2018), the Supreme Court confirmed that the bar covers social media, including posts by relatives and neighbours.
The Supreme Court's 2024 ruling on abuse material
Section 15 punishes storing or possessing sexual material involving a child, with penalties ranging from a fine for failing to delete, destroy or report it, to imprisonment where it is kept for sharing or commercial use.
In Just Rights for Children Alliance v. S. Harish (23 September 2024), the Supreme Court set aside a Madras High Court judgment that had quashed such a case. It held that storing or possessing the material is an offence under Section 15 unless the person deletes, destroys or reports it, without any need to prove that it was shared. The Court directed courts to stop using the expression ‘child pornography’ and urged Parliament to adopt ‘child sexual exploitative and abuse material’ instead. If you receive such material, report it to the police or the national cyber crime reporting portal, and do not forward it.
How POCSO works alongside the BNS
Many acts punishable under POCSO are also BNS offences, such as rape (Sections 63 to 70), sexual harassment (Section 75) and stalking (Section 78). Where the same act is punishable under both, the offender receives whichever punishment is greater in degree (Section 42), and POCSO prevails over any inconsistent law (Section 42A). Offences committed before 1 July 2024 are still charged under the IPC, and cases pending on that date continue under the old Code of Criminal Procedure (Section 531 of the BNSS).
Two further points often matter. Marriage is no defence: under BNS Section 63, intercourse with a wife below eighteen is rape, following Independent Thought v. Union of India (2017), and POCSO has no marital exception (see our guide to child marriage law). And where the FIR also invokes BNS Section 65 (rape of a girl below sixteen) or Section 70(2) (gang rape of a girl below eighteen), anticipatory bail is barred by Section 482(4) of the BNSS.
Support persons and compensation under the 2020 Rules
The Protection of Children from Sexual Offences Rules, 2020 set out the practical support a child is entitled to while the case is pending:
- Support person: the CWC may assign a support person to stay with the child through the investigation and trial, keep the family informed, and help with medical, counselling and legal needs, in confidence (Rule 4).
- Special relief: the CWC can recommend immediate payment for food, clothes, transport and similar needs (Rule 8).
- Interim compensation: the Special Court may order it at any stage after the FIR, to be adjusted against the final award (Rule 9).
- Final compensation: the Special Court can award it even where the accused is acquitted or cannot be traced, if the child has suffered loss or injury, and the State Government must pay within thirty days of the order (Rule 9).
Frequently asked questions
Is an offence under the POCSO Act bailable?
The main POCSO offences, including those under Sections 4, 6, 8 and 10, are non-bailable, so bail is at the court's discretion rather than a matter of right. Courts consider the gravity of the charge, the evidence, the risk to the child and the chance of witnesses being influenced. POCSO does not itself bar anticipatory bail, but it is unavailable where the FIR also includes BNS Section 65 or Section 70(2).
Does the child's consent matter under the POCSO Act?
No. The Act treats everyone below eighteen as a child who cannot legally consent to a sexual act, so apparent consent is no defence, even in a relationship between adolescents. Courts have sometimes taken such circumstances into account when deciding bail, but the offence itself does not depend on consent. What the prosecution must prove is the act and the child's age.
Who must report child sexual abuse, and what if they do not?
Any person who knows of, or suspects, a sexual offence against a child must inform the Special Juvenile Police Unit or the local police under Section 19. Failing to do so can lead to up to six months' imprisonment, or fine, or both. A head of an institution who fails to report an offence by staff faces up to one year and fine. Reports made in good faith are protected.
How long does a POCSO case take?
The Act sets targets rather than hard deadlines. The police must complete the investigation of the main offences within two months of recording the information. The child's evidence should be recorded within thirty days of the Special Court taking cognizance, and the trial completed, as far as possible, within one year of cognizance. In practice, the pace depends on the court's workload and the complexity of the case.
Can the child's name or photograph be shared on social media?
No. Section 23 of the POCSO Act bars disclosure of the child's name, photograph, address, school, family details or anything else that could identify the child, in any media, unless the Special Court permits it. The Supreme Court has confirmed that this includes social media. A breach is punishable with six months to one year's imprisonment, or fine, or both.
What if the person accused of a POCSO offence is also a minor?
Where the accused is below eighteen, Section 34 of the POCSO Act requires the case to be dealt with under the Juvenile Justice (Care and Protection of Children) Act, 2015, beginning before the Juvenile Justice Board. For serious offences by a child aged sixteen or above, the Board may carry out a preliminary assessment and transfer the case to a Children's Court for trial as an adult.
Law and judgments referred to
- Protection of Children from Sexual Offences Act, 2012, as amended in 2019
- Protection of Children from Sexual Offences Rules, 2020
- Bharatiya Nyaya Sanhita, 2023 and Bharatiya Nagarik Suraksha Sanhita, 2023
- Juvenile Justice (Care and Protection of Children) Act, 2015
- Just Rights for Children Alliance v. S. Harish, Supreme Court of India, 23 September 2024
- Nipun Saxena v. Union of India, Supreme Court of India, 2018
- Independent Thought v. Union of India, Supreme Court of India, 2017
This guide explains the general law as it stood on 24 September 2026. It is not legal advice. For advice on a particular matter, consult an advocate.
