CHILD PROTECTION · CRIMINAL LAW

What is the POCSO Act:the law that protects children

Under this law, reporting is not your choice but a legal duty — for a teacher, a doctor, a neighbour, anyone. Here is that duty, how to carry it out, and what happens next.

Written by Vakeels.AI Editorial
Legally reviewed by Adv. Shiva Kamireddy
Last reviewed 26 October 2026
12 min read

This article was machine-translated from Hinglish. The Hinglish version is the one reviewed by an advocate; if anything here reads differently, rely on that. Read the original →

SHORT ANSWER

POCSO stands for the Protection of Children from Sexual Offences Act, 2012. This law protects every child under 18 years of age, whatever the child's gender. Under it, reporting is a legal duty — anyone who comes to know must inform the police or Childline (1098). Failing to report is itself an offence.

AT A GLANCE
Full nameProtection of Children from Sexual Offences Act, 2012
Who is a childAny person under 18 years of age
GenderApplies to children of every gender — boy or girl
ReportingMandatory. Under Section 19, anyone who has the information must report it
Failure to reportAn offence under Section 21. Stricter for the head of an institution
Where to reportSpecial Juvenile Police Unit, local police, or Childline 1098
Key numbersChildline 1098 · Police 112 · Women and child helpline 181
Where it is triedSpecial Court, under Section 28
Time limitThe court should complete the trial within one year, as far as possible
Child's identityNo media may publish the name, photo or address. An offence under Section 23
Free lawyerFrom the District Legal Services Authority, for both sides

Why this law was made

Before 2012, offences against children were dealt with under the ordinary criminal law — which was made with adults in mind. The procedure was designed for adults, so was the courtroom atmosphere, and many kinds of offences did not fit properly within that law at all.

The POCSO Act, 2012 was made to fill this gap. It does three things:

  • It defines separate offences against children, and when the offender holds a position of trust or authority — a relative, teacher, doctor, police officer, or staff member of an institution — the punishment is stricter.
  • It makes reporting a legal duty, not merely a moral one, and punishes failure to report.
  • It shapes the whole procedure around the child — how the statement is taken, who is present, how evidence is given, and how quickly the trial proceeds.
What this page covers

This page is about duties, procedure and protection. It does not describe the offences in detail — that is of no use to a parent who wants to act, nor is it appropriate here. If you are facing a real case, speak directly to the police, Childline 1098 or a lawyer.

The duty to report — what most people do not know

This is the widest part of the law, because it applies not only to professionals but to everyone.

Section 19 says: anyone who knows that an offence under this law has been committed — or even merely apprehends that one is likely to be committed — must inform the Special Juvenile Police Unit or the local police.

Section 21 then says that failing to report is itself an offence, punishable with imprisonment or fine — and the punishment is higher for the head of an institution. This means principals, hospital administrators and hostel in-charges come directly within its scope.

WHOSE DUTY IT IS
WhoWhat to do in practice
Teachers and school staffInform the police or SJPU. Telling only the principal is not enough
Principal, head of institutionThe same duty, but a higher punishment for failing to fulfil it
Doctors and hospital staffReport, and give immediate treatment — without waiting for an FIR or a magistrate's order
Neighbours, relatives, any personThe same duty. Section 19 is not only for professionals
The child is protected

If a child reports and the information later turns out to be false, the child cannot be punished for giving false information. This protection exists so that no child stays silent out of fear.

How to report

  1. Do it immediately Delay harms both the child's safety and the evidence. The duty arises on knowledge or apprehension; you do not need to investigate and confirm it yourself.
  2. Contact the police, SJPU or Childline Childline 1098 runs 24 hours, guides you and coordinates with the police. The police are on 112. Every district has a Special Juvenile Police Unit.
  3. Tell them only what you know What you saw or heard, when, where, and who is involved. Do not question the child repeatedly — it harms the child and can also weaken the evidence. If the child has said something, write it down in the child's own words.
  4. The information is recorded in writing It is read back to you and you receive an entry number. You have a right to take that record.
  5. The child's immediate needs are met Where needed, the Child Welfare Committee becomes involved. Immediate medical treatment must be given without waiting for legal formalities.
  6. The statement is recorded the proper way Where possible by a woman sub-inspector, in plain clothes, at the child's home or a place of the child's choice — not at the police station. A trusted person may stay with the child.
Do not investigate first

Schools and institutions often hold an internal inquiry first and only then think about reporting. This is the wrong order, and it lands the institution itself in trouble. The legal duty is to report; investigation is the police's job. Internal proceedings relating to employment can come later, not first.

What a school, hospital or institution should have in place

The Section 19 duty rests on every individual, but the Section 21 punishment is stricter for the head of an institution. So this is not only an individual matter; it is a question of organisational compliance.

WHAT AN INSTITUTION SHOULD HAVE
WhatWhat it means in practice
A written child protection policyWhich states clearly that reporting to the police is mandatory and does not depend on any internal clearance
A designated personWhose responsibility it is to report, so the task does not fall between two people — but this does not end any individual's own Section 19 duty
A record of reportsDate, time, what was reported, to whom, what entry number was received, and who made the report
Informing staffTelling every employee — teaching, non-teaching and contract staff too — that the duty is their own
Background verificationOf everyone who has contact with children
Two separate processesThe report to the police first and immediately; any internal employment inquiry later and separately — never as a precondition
The most common institutional mistake

Holding an internal inquiry first — to “make sure”, or to protect the institution's name, or at a parent's request. For as long as that inquiry runs, Section 19 is being violated — and this is exactly the situation in which cases are made out against principals and administrators. The report goes first; everything else comes after it.

If you are a parent

  1. Believe the child, and stay calm in front of them A child who meets panic, disbelief or anger often stops talking — and that silence is the biggest obstacle in these cases. Tell them it is not their fault and that telling was the right thing to do.
  2. Do not ask detailed questions This feels counter-intuitive but is essential. Repeated questioning distresses the child, and inconsistencies that come out of it are later used against the child. Write down what the child told you on their own, in their own words, and leave the questioning to a trained officer.
  3. Get treatment if needed Immediate medical treatment must be given without waiting for an FIR or a magistrate's order. If the hospital hesitates, tell them this.
  4. Report it Through the police, SJPU, or Childline 1098. If you are unsure what to do, that is exactly what Childline is for.
  5. Insist on the proper procedure The statement at home or at a place of the child's choice, where possible by a woman officer in plain clothes, in your presence or that of a trusted person, and never at the police station at night.
  6. Ask for a support person This is the child's right. Ask the police or the Child Welfare Committee — do not wait for someone to offer one.
  7. Get a lawyer Free from the District Legal Services Authority. The prosecution is conducted by the State, but a family with its own lawyer knows what is happening and when.
On pressure to settle

Offences under this law are non-compoundable — they do not end through a settlement. Families are often pressured, especially when the accused is someone they know. No such legal route exists, and pressuring a family or a witness in this way is itself a serious matter.

What protection the child gets

The fear of reporting often exists because people do not know what the law already guarantees.

WHAT PROTECTION THE LAW GIVES
IdentityNo media may disclose the child's name, address, photo, family, school or neighbourhood. An offence under Section 23, and it applies to social media too
No confrontationThe child does not give evidence in front of the accused — it is done behind a screen or by video link
No direct cross-examinationThe accused's lawyer does not question the child directly; questions go through the court
Harsh questioning barredAggressive questioning and attacks on character are prohibited
BreaksThe court may give the child breaks during the proceedings
Closed roomThe trial is not held in open court
Language helpA translator, interpreter or special educator, as needed
Support personTo help the child, throughout the process
No punishment for false informationA child who reports cannot be punished for giving false information
CompensationThe Special Court can award compensation for the child's rehabilitation, even during the trial
Medical treatmentWithout waiting for legal formalities

How the case proceeds

This law adapts the procedure to the child at every stage.

Recording the statement

  • In the child's own words, in the presence of a parent or a trusted person
  • Where possible by a woman police officer, not in uniform
  • At the child's home or a place of the child's choice — not at the police station
  • With the help of a translator, interpreter or special educator if needed
  • The child cannot be detained at the police station at night

In the Special Court

  • The trial takes place in a Special Court
  • The child does not give evidence in front of the accused — it is done from behind a screen or by video link
  • The accused's lawyer does not question the child directly; questions go through the court
  • Harsh questioning and attacks on character are prohibited
  • The child may be given breaks during the proceedings
  • The trial is held in a closed room

Time limits

The child's evidence should be recorded within 30 days of cognizance, and the trial completed within one year — as far as possible.

Where to get help

KEY CONTACTS
Childline1098 — free, 24 hours, across the country. They guide you and coordinate with the police
Police112 — emergency. Every district also has a Special Juvenile Police Unit
Women and child helpline181
Child Welfare CommitteeIn every district, for the child's care and protection
Free legal aidDistrict Legal Services Authority. For both the victim's family and the accused
NCPCRNational Commission for Protection of Child Rights — if the case is not being handled properly

If you are a parent, teacher or neighbour and you are not sure whether what you know amounts to an offence — that is no reason to wait. Section 19 applies not only to knowledge but also to apprehension, and Childline exists precisely to help those who are not sure.

To say it again

This page is for information only, not legal advice. In any real case, contact the police, Childline 1098 or a lawyer immediately. Delay is the costliest decision.

Does your school, hospital or institution want to understand its duties?

Ask NyayaMithra — what Section 19 requires, who in the institution is responsible, and what the record of a report should look like. Policy and reporting formats are available in the Drafting Studio.

Ask NyayaMithra — free

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Frequently asked questions

What is the full form of POCSO?

Protection of Children from Sexual Offences. This law was made in 2012, and it creates separate offences, separate courts and a separate procedure for children.

Who counts as a child under POCSO?

Any person under 18 years of age. Age is determined from the birth certificate, school records or, if needed, a medical examination.

Does this law apply to boys too?

Yes. POCSO is gender-neutral — it protects children of every gender. This is often misunderstood.

Is reporting really mandatory?

Yes. Section 19 says that anyone who has the information — or even suspects that something like this may happen — must inform the police or the Special Juvenile Police Unit. Under Section 21, failing to report is itself an offence, and the punishment is higher for the head of an institution.

Where should a teacher or doctor report?

To the police or the Special Juvenile Police Unit. They can also call Childline 1098, who will help. Telling only the principal or the hospital administrator is not enough — the matter must reach the police.

Can a POCSO case be settled?

No. These offences are non-compoundable, which means a settlement between the parties does not end the case. Pressuring a family to “withdraw the case” is itself a serious matter.

Can the child's name be published?

No. Under Section 23, no media may disclose the child's name, address, photo, school or neighbourhood. This applies to social media too — even forwarding such a message is a disclosure.

What if we cannot afford a lawyer?

Every district has a District Legal Services Authority that provides a free lawyer. This flows from Article 39A of the Constitution, and it is available to both the victim's family and the accused.

How long does the trial take?

The law says the Special Court should complete the trial within one year of taking cognizance, and the child's evidence should be recorded within 30 days. In practice it takes longer, but this is the standard.

Can the court award compensation to the child?

Yes. The Special Court can award compensation for the child's relief and rehabilitation — and not only at the end; interim compensation can also be awarded during the trial.

What should a school keep in place for compliance?

A written child protection policy that makes clear that reporting to the police is mandatory and does not depend on internal clearance; a designated person; a record of every report with its entry number; telling every employee — contract staff too — about their own duty; background verification of staff who have contact with children; and the rule that the legal report goes before, and separately from, any internal inquiry.

Should parents question the child in detail?

No. Repeated questioning distresses the child, and inconsistencies that come out of it are later used against the child. Write down what the child told you on their own in their own words, reassure them, and leave the questioning to a trained officer.

Can a hospital demand an FIR before treatment?

No. The law says immediate medical treatment must be given without waiting for an FIR or a magistrate's order. If the hospital hesitates, tell them exactly this.

How this page is maintained. Written by the Vakeels.AI editorial team and checked against the current statute by Adv. Shiva Kamireddy, Advocate. Last reviewed on 26 October 2026. Where a provision has moved from the older code to the new one, both references are given so older judgments and newer filings can be followed.
This page is legal information, not legal advice. It does not create an advocate–client relationship and it cannot account for the facts of your matter. Procedure, fees and timelines vary by state, court and bench, and the law changes. Confirm the position with a practising advocate before you act on anything here.