POCSO & protection of women and children

POCSO practice, sexual offences, and the law protecting women and children.

Questions advocates ask about POCSO & protection of women and children

The POCSO Act applies to every person under 18, and a child's consent is not a defence. Anyone who knows of an offence must report it, trials are held in special courts with protections for the child, and a presumption against the accused applies once the basic facts are proved. The Domestic Violence Act gives a woman a civil route to protection orders that does not need a criminal case.

A child is any person below 18, of either gender. Consent is not a defence, because a person below 18 is treated as unable to give legal consent to sexual activity. The Supreme Court has also held that the exception to rape for a man having intercourse with his wife aged 15 to 18 does not apply, so it too is an offence, and the exception in the Bharatiya Nyaya Sanhita now reads eighteen.

POCSO Act, 2012, s. 2(1)(d); BNS s. 63 (formerly IPC s. 375); Independent Thought v. Union of India, (2017) 10 SCC 800

How is the age of the victim proved?

In the order laid down by section 94 of the Juvenile Justice Act, 2015: first the date of birth certificate from the school first attended, or the matriculation or equivalent certificate; then the birth certificate given by a corporation, municipal authority or panchayat; and only if neither exists, an ossification or other medical age determination test ordered by the court. The Supreme Court applied the same approach to fixing the age of a victim.

Juvenile Justice (Care and Protection of Children) Act, 2015, s. 94; Jarnail Singh v. State of Haryana, (2013) 7 SCC 263

Who must report an offence, and what if they do not?

Any person who apprehends that an offence is likely to be committed, or knows that one has been committed, must give the information to the Special Juvenile Police Unit or the local police. The police must record it and give a copy to the informant, and where the child needs care and protection they must report to the Child Welfare Committee and the Special Court within 24 hours. A person who fails to report is liable to imprisonment of up to six months or a fine, or both. A person who reports in good faith incurs no liability.

POCSO Act, 2012, ss. 19, 21

Is skin-to-skin contact needed for sexual assault?

No. The Supreme Court held in 2021 that touch for the offence of sexual assault under POCSO is not limited to skin-to-skin contact, set aside the narrower view taken by the Bombay High Court, and said that what matters is the sexual intent of the act.

POCSO Act, 2012, ss. 7, 8; Attorney General for India v. Satish, (2022) 5 SCC 545

What is the presumption against the accused, and what protections apply at trial?

In a prosecution under sections 3, 5, 7 and 9, the Special Court presumes that the accused committed the offence unless the contrary is proved, and presumes a culpable mental state. The accused rebuts the second presumption only by showing absence of that mental state beyond reasonable doubt. The trial is held in camera, in the presence of the child's parents or a person the child trusts, the child's identity is not to be disclosed, the child's statement is recorded by a woman police officer at the child's residence or a place of the child's choice, and the child is not to be called repeatedly to testify or made to face the accused.

POCSO Act, 2012, ss. 23, 24, 28, 29, 30, 33, 36

What time limits apply to the trial, and can the child be compensated?

The Special Court must record the child's evidence within 30 days of taking cognizance, giving reasons for any delay, and must try to complete the trial within one year of cognizance. The Special Court can also order compensation to the child for relief and rehabilitation, on an interim basis during the trial or at its end.

POCSO Act, 2012, ss. 33(8), 35

Can a woman get protection from domestic violence without a criminal case?

Yes. An aggrieved person, which includes a woman in a domestic relationship such as a marriage or a live-in relationship, can apply to the Magistrate under section 12 for protection, residence, monetary relief, custody of children and compensation. The Magistrate is to try to dispose of the application within 60 days of the first hearing. The Supreme Court has held that the respondent need not be an adult male, so female relatives can also be made respondents.

Protection of Women from Domestic Violence Act, 2005, ss. 2(a), 12, 18 to 22; Hiral P. Harsora v. Kusum Narottamdas Harsora, (2016) 10 SCC 165

Prepared by The EduLaw Editorial Team on 5 November 2026. It has not yet been reviewed by a named advocate. Educational content, not legal advice; check the current text of each provision before relying on it.

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