Optional Grouping: Complaints & Courts

Reporting Child Sexual Abuse

[Trigger Warning: The following content contains information on sexual and physical violence which some readers may find disturbing.]

If you find out that child sexual abuse is taking place, you must report it to the police, who in turn must record your complaint in writing. If you don’t, you can be punished with jail time of 6 months or a fine.1 If you are aware of any incident and are reasonably certain that a child is a victim of any form of sexual abuse please use any of the mentioned ways to contact an authority to help the child out. There are multiple ways to reach out to an authority that will help, so please use any way that suits you the most.

You can complain:

Online:

The government has an online complaint system where you can file your complaint. Your complaint will be filed to the National Commission for Protection of Child Rights.

Phone:

You can contact the following numbers:

  • National Commission for Protection of Child Rights- 9868235077
  • Childline India (Childline is a helpline for offences committed against children)- 1098

Email:

You can send an email to National Commission for Protection of Child Rights: pocsoebox-ncpcr@gov.in

Police:

Call 100 to contact the police about any information you have about any incident of child sexual abuse. Please read more about Police Complaint here.

Mobile App:

You can download the mobile app called the POCSO e-box (Android users only) and report the abuse directly through it.

Post/Letter/Messenger:

You can write to the National Commission for Protection of Child Rights with your complaint or send a messenger to this address:

NATIONAL COMMISSION FOR PROTECTION OF CHILD RIGHTS (NCPCR)

5th Floor,Chandralok Building 36, Janpath,

New Delhi-110001 India.

Don’t be worried about what will happen to the child once you complain. The child will be taken care of by the local police/Special Juvenile Police who will inform the Child Welfare Committee2 who will further appoint a Support Person to assist the child and the family of the child in the legal process that will follow after the complaint.

  1. Section 19, The Protection of Children from Sexual Offences Act, 2012.[↩]
  2. Section 4, The Protection of Children from Sexual Offences Rules, 2012.[↩]

Recording a Child’s Statement on Sexual Abuse

Portfolio Keyphrase: Recording sexual abuse statement of child

Tags: Abuse, Violence, Crime, Children, Explainer, Courts, Police

[Trigger Warning: The following content contains information on sexual and physical violence which some readers may find disturbing.]

While recording a child’s statement on the abuse, the police should do the following1:

  • The child’s statement should preferably be recorded by a woman police officer not in uniform.
  • It should be recorded at the child’s home or any place they feel comfortable.
  • It should be recorded in the language spoken by the child.
  • It should be recorded in the presence of a trusted adult and/or an expert, interpreter, translator, or social worker.
  • The child’s medical examination should be done within 24 hours in the presence of the parents or a trusted adult.
  • Frequent breaks should be taken while the child is narrating the incident. The child shouldn’t be rushed while recording the statement.
  • The police should use audio or video recording devices, if available.
  • The police officer should read out the recorded statement to the child.
  • The child/parent should get a copy of the statement.

The Magistrate must do the following while recording a child’s statement2:

  • The child’s statement must be recorded in the presence of the parents or any other person whom the child trusts.
  • The Magistrate can take the help of a translator or an interpreter while recording the child’s statement.
  • If the child has a mental or physical disability, the Magistrate can take the assistance of a special educator or any other expert.
  • The Magistrate can ensure that the statement of the child is recorded on camera.
  1.  Section 24, The Protection of Children from Sexual Offences Act, 2012.[↩]
  2.  Section 26, The Protection of Children from Sexual Offences Act, 2012.[↩]

Police Complaint against Child Sexual Abuse

Portfolio Keyphrase: Filing a police complaint of child sexual abuse

Tags: Abuse, Violence, Crime, Children, Explainer, Police, Courts

[Trigger Warning: The following content contains information on sexual and physical violence which some readers may find disturbing.]

When a person approaches the police to make a complaint against child sexual abuse, the following process will take place:

  • The police will make a written record of the complaint.
  • Based on the report, if the police believe that the child needs immediate care and attention, they will shift the child to a hospital or a shelter home.

On reporting the crime, a person who makes a genuine complaint does not have to worry about being pulled up in court if the offender is not convicted1.

  1. Section 19(7), The Protection of Children from Sexual Offences Act, 2012.[↩]

Child-Friendly Court Process

Portfolio Keyphrase: Child friendly court process

Tags: Abuse, Violence, Crime, Children, Explainer, Court, Police

[Trigger Warning: The following content contains information on sexual and physical violence which some readers may find disturbing.]

There are Special Courts set up to deal with child sexual abuse because of the sensitivity of the issue. Unlike normal Courts, these Courts are supposed to follow a special procedure to make sure that the child feels safe and comfortable.

If a child is the victim of sexual assault, the Special Court must ensure some child-friendly procedures for the child:

Ensuring the presence of familiar people through the legal process

The Court will allow the child’s family member/relative/friend or guardian to be present with them during the trial1.

Ensuring that the legal process is not strenuous for the child

The Court will:

  • Allow frequent breaks for the child during the trial2.
  • Not call the child to the Court repeatedly to testify3.
  • In special circumstances, the child need not come to Court and make statements. The Court will ask an officer of the Court to examine the child at their home. The Court can take the help of a qualified translator or interpreter or special educator when recording the child’s evidence.4
  • Try and ensure that the evidence is recorded within 30 days and the trial is completed within one year5.

Protecting the child from the accused and the public

  • The Court  must ensure that the child is not exposed to the accused in any way during the trial. However, the accused can hear the child’s statement. Some examples of how Courts do this include one-sided mirrors, curtains or through a video call5.
  • The Court must have private court proceedings so that the media cannot report about the happenings in Court6.

Questioning of a Child

Due to the sensitivity of the issue and for the  protection of the child, the lawyer of the accused is required to conduct the court process in a certain manner.

  • The lawyer cannot question the child directly. The lawyer will present the questions to the Special Court which will then question the child7.

The lawyer cannot question the character of the child, for example,  by saying that the child has a history of lying to their parents8.

  1. Section 33(4), The Protection of Children from Sexual Offences Act, 2012.[↩]
  2. Section 33(3), The Protection of Children from Sexual Offences Act, 2012.[↩]
  3. Section 33(5), The Protection of Children from Sexual Offences Act, 2012.[↩]
  4. Section 19 and 38(1)(2), The Protection of Children from Sexual Offences Act, 2012.[↩]
  5. Section 36, The Protection of Children from Sexual Offences Act, 2012.[↩][↩]
  6. Section 37, The Protection of Children from Sexual Offences Act, 2012.[↩]
  7. Section 33(2), The Protection of Children from Sexual Offences Act, 2012.[↩]
  8. Section 33(6), The Protection of Children from Sexual Offences Act, 2012.[↩]

False Reports or Complaints for Child Sexual Abuse

Portfolio Keyphrase: False reports or complaints about child sexual abuse

Tags: Abuse, Violence, Crime, Children, Explainer

[Trigger Warning: The following content contains information on sexual and physical violence which some readers may find disturbing.]

It is illegal to falsely complain about child sexual abuse or provide false information against another person alleging that they have sexually abused a child if they haven’t done so. The punishment for doing this is  jail time of one year and/or a fine1.

If the false complaint or false information is made with the intention to humiliate, extort, threaten, blackmail, or defame someone, the complainant can be punished with either a jail time of 6 months and/or a fine2.

However, if a child makes a false complaint or provides false information, the child cannot be punished3.

  1. Section 22(3), The Protection of Children from Sexual Offences Act, 2012.[↩]
  2. Section 22(1), The Protection of Children from Sexual Offences Act, 2012.[↩]
  3. Section 22(2), The Protection of Children from Sexual Offences Act, 2012.[↩]

Settlement out of court for cheque bouncing

In a cheque bouncing case, there is a possibility for settlement out of court. When a criminal complaint is filed for a cheque bouncing case, the law allows for settlement. This is done through a legal concept called compounding of offences.

In this process, the payee/holder of the cheque agrees to not file a court case or agrees to withdraw his court case in exchange for some compensation (usually monetary).

This can happen at any stage of the court proceedings.

The law allows such an agreement to reduce litigation and burden on courts.

Where to file a complaint to recover cheque amount?

Complaint to Recover the Cheque Amount

Such a complaint is a civil complaint. In order to recover your money, you need to file a money suit either in the City Civil Court or the District Court depending on how much amount you are looking to recover.

You have to file this case within three years of the Cheque Return Memo.

For further assistance in filing a money suit, please contact a legal professional.

Complaint to Punish the Issuer of the Cheque

This is  known as a criminal complaint and can be filed before a magistrate where either:

For Crossed Cheques

In the area where your home branch is, i.e. branch of the bank where you have an account.

For Bearer or Order cheques

In the area where the branch of the drawee bank is, i.e. the bank from which the cheque was drawn on.

A criminal case cannot be initiated unless you have a Cheque Return Memo, hence the cheque needs to be deposited in the bank.