POCSO Act

If you need help with pocso act, this guide sets out the legal position and the next steps. Legals365 is the legal platform of Advocate B.K. Singh and associates, based in Delhi NCR.

In short. Sexual offences against women are punished under sections 63 to 79 of the Bharatiya Nyaya Sanhita 2023, and offences against children under 18 under the POCSO Act 2012. Victims can report at any police station, where a woman officer records the statement. Cases are tried in camera by special courts, the victim's identity is protected, and investigation is to be completed within two months.

Sexual offence cases cover rape, sexual assault, sexual harassment, stalking, voyeurism, indecent exposure and offences against children. Since 1 July 2024 offences against adults are dealt with under the Bharatiya Nyaya Sanhita 2023 (BNS), mainly sections 63 to 79, and procedure under the Bharatiya Nagarik Suraksha Sanhita 2023 (BNSS). Offences against anyone under eighteen fall under the Protection of Children from Sexual Offences Act 2012 (POCSO), which is gender-neutral and has its own special courts and child-friendly procedure.

This page is written for everyone who may land on it: a survivor deciding whether to report, a parent who has just learnt something about their child, a school or employer with a duty to report, and a person who has been accused. It explains the offences, how to report and what follows, the protections for victims, the law on bail and anticipatory bail, how these cases are tried, and the defence points courts consider. It deliberately avoids graphic detail. If you are in immediate danger, call 112.

Law

BNS sections 63 to 79 (rape and sexual offences against women), s.296 (obscene acts in public); POCSO Act 2012 and POCSO Rules 2020; BNSS s.173, s.176, s.183, s.184, s.193, s.366, s.396, s.397; IT Act s.67, 67A, 67B

Forum

Any police station (zero FIR), women's cell or special juvenile police unit; Special Court under POCSO; Sessions Court for rape; High Court for bail, quashing and appeals

Time limit

No limitation for serious sexual offences; investigation of rape and key POCSO offences to be completed within two months of recording information; POCSO trials to be completed within one year of cognizance as far as possible

Documents

FIR copy, medical examination report, statement under BNSS s.183, age proof of the child, photographs, chats and call records, CCTV, school or workplace records, earlier complaints

What counts as a sexual offence under Indian law

A sexual offence is any act made punishable by the BNS, the POCSO Act or a related law because it violates a person's bodily autonomy or dignity in a sexual way. The most serious is rape, defined in section 63 BNS as specified sexual acts by a man with a woman without her consent or against her will, or with consent obtained by fear, deceit or when she cannot understand its nature, or with any girl under eighteen whatever her consent. Section 64 sets punishment of at least ten years, extendable to life imprisonment.

Below rape, the BNS covers assault or criminal force to outrage a woman's modesty (s.74), sexual harassment (s.75), assault with intent to disrobe (s.76), voyeurism (s.77), stalking (s.78) and words or gestures meant to insult a woman's modesty (s.79). Section 69, new in the BNS, punishes sexual intercourse obtained by deceitful means, including a false promise of marriage made without any intention of keeping it.

Where the victim is a child, the POCSO Act applies alongside the BNS. It covers penetrative sexual assault, sexual assault, sexual harassment, and use of children for pornographic material, with higher punishment for aggravated forms, such as offences by a police officer, teacher, relative or person in a position of trust. Where both laws apply, the one with the higher punishment governs under section 42 of POCSO.

The main provisions

Common offences, sections and punishment

Consent, age and the marital exception

Consent under the BNS means an unequivocal voluntary agreement, communicated by words, gestures or any form of communication, to participate in the specific act. A woman who does not physically resist is not, for that reason alone, consenting. Consent obtained by putting her or someone she cares about in fear of death or hurt, by impersonating her husband, or when she was intoxicated or of unsound mind and could not understand the act, is no consent.

Age changes everything. A girl under eighteen cannot legally consent, so any sexual act with her is rape under the BNS and an offence under POCSO, even if she says she agreed. The POCSO Act treats anyone under eighteen as a child, and it applies to boys and girls alike. This is why cases involving adolescent relationships, where both are close in age, still come before courts as POCSO cases, though courts look carefully at the facts when deciding bail and sentence.

The BNS keeps an exception: sexual intercourse by a man with his own wife, if she is not under eighteen, is not rape. The constitutional validity of this marital exception has been challenged before the Supreme Court, so check the current position before relying on it. Married women still have remedies for sexual violence by a husband under the cruelty provisions, the Protection of Women from Domestic Violence Act 2005, and section 67 BNS during judicial separation.

How the POCSO Act works

The POCSO Act protects every person under eighteen from sexual offences and makes the justice process child-friendly. Age is decided under section 94 of the Juvenile Justice Act 2015: first the school or matriculation certificate, then a birth certificate issued by a municipal body or panchayat, and only if neither exists, a medical age test. Age disputes are among the most important issues in POCSO cases, so the documents must be collected early.

Reporting is mandatory. Anyone who knows or suspects that a child has been sexually abused must report to the police or the Special Juvenile Police Unit. Schools, hospitals, hostels and institutions are covered, and failure to report is itself an offence. The police must report the case to the Child Welfare Committee and the Special Court within 24 hours, and the Committee can arrange care, protection and a support person for the child.

The child's statement is recorded at the child's home or a place of the child's choice, by a woman officer not below the rank of sub-inspector, not in uniform, with a parent or trusted person present. Medical examination of a girl child is by a woman doctor. In court, the child must not see the accused, is not called repeatedly, and questions are put through the judge. The trial is in camera.

Once the prosecution proves the foundational facts, section 29 presumes that the accused committed the offence and section 30 presumes a culpable mental state, unless the accused proves otherwise. These presumptions make POCSO trials difficult for the defence, which is why careful attention to the foundational facts, including age and the first account, matters so much.

Indecent exposure and public lewdness

Indecent exposure and lewd conduct in public are dealt with under several provisions depending on the facts. Obscene acts in a public place that annoy others are punished under section 296 BNS. Exposing oneself to a woman, or making gestures or showing objects intending to insult her modesty, falls under section 79. Showing pornography to a woman against her will, or making sexually coloured remarks, is sexual harassment under section 75.

Where the person targeted is a child, exposing any part of the body to a child with sexual intent is sexual harassment under section 11 of POCSO, punishable with up to three years. Such conduct in or near schools, buses and parks is common, and parents should report it rather than only confront the person.

These cases often depend on quick action: noting the time and place, identifying CCTV cameras nearby before footage is overwritten, and getting the names of others who saw it. The police are more likely to register and pursue the case when a written complaint with these details is given the same day.

How to report a sexual offence

These steps apply whether the survivor is an adult or a child, with POCSO protections added for children.

1. Get safe and get medical care

   Go to a safe place and, if needed, to the nearest hospital. All hospitals, public and private, must give free first aid and medical treatment to victims of sexual offences under section 397 BNSS. Keep the clothes worn at the time in a paper bag and avoid washing if possible, because medical evidence matters.

2. Report to the police

   Report at any police station, or call 112. The information will be recorded by a woman officer. If the survivor is disabled, it can be recorded at home with an interpreter or special educator. A zero FIR can be filed at any station and transferred.

3. Ask for the FIR copy and the IO's details

   Ask for a free copy of the FIR and the name and number of the investigating officer. In sensitive cases the FIR is not uploaded publicly, which protects identity.

4. Medical examination

   The medical examination is done with consent by a registered medical practitioner, a woman doctor for a girl child, within 24 hours of the information. The survivor can have a person of her choice present.

5. Statement before the magistrate

   The police will take the survivor before a magistrate, a woman magistrate where possible, to record a statement under section 183 BNSS. This statement carries weight at trial, so it should be accurate and complete.

6. Ask for support

   Ask about One Stop Centres, the District Legal Services Authority for a free lawyer and compensation, and for children, the Child Welfare Committee and a support person.

A survivor can also approach a women's cell, a One Stop Centre, the National Commission for Women online, or for workplace harassment, the Internal Committee. For a child, Childline 1098 and the school or institution's designated person can help start the process.

Medical examination, statements and evidence

Medical examination is done only with the consent of the survivor, or of a guardian for a child. The doctor records injuries, collects samples for forensic testing and notes the survivor's account. The Supreme Court has prohibited the so-called two-finger test, and doctors who conduct it can be held guilty of misconduct. Absence of injuries does not mean there was consent, and courts have said so repeatedly.

The survivor's statement is recorded three times in most cases: in the FIR, before the police under section 180, and before the magistrate under section 183. Small differences between them are normal and do not destroy a case, but material contradictions on the core of the incident are used by the defence at trial. Survivors should speak plainly and take their time.

Electronic evidence such as chats, call records, photographs and CCTV footage is often decisive in both directions. It needs a certificate under section 63 of the Bharatiya Sakshya Adhiniyam to be admissible, and it must be preserved before phones are reset or footage is overwritten. Ask the IO to seize devices and footage early.

Protection of identity and dignity

The identity of a victim of rape and related offences, and of any child victim under POCSO, cannot be disclosed. Section 72 BNS makes it an offence to print or publish the name or any matter that may make the victim's identity known, and section 23 of POCSO restricts media reporting of child victims. Courts use initials or descriptions in judgments, and FIRs in such cases are not uploaded publicly.

Families sometimes break this rule themselves by posting on social media or talking to the press. That can expose the child or survivor to lifelong harm and can be an offence. If there is a need to raise public attention, take advice first.

Trials are held in camera, meaning only the parties, their lawyers and court staff are present. The Bharatiya Sakshya Adhiniyam bars questions about the survivor's general character or previous sexual experience to prove consent, and the court controls the manner of cross-examination. These protections apply to adults and children alike.

Investigation, chargesheet and trial

Under section 193(2) BNSS, investigation of rape (s.64 to 71 BNS) and of the main POCSO offences (s.4, 6, 8 and 10) is to be completed within two months from the date the information is recorded. In practice, forensic reports often take longer, but the timeline gives the survivor and the accused a basis to press for progress. The police must also inform the victim of the progress of investigation within 90 days.

Rape cases are tried by a Court of Session, and POCSO cases by Special Courts, which in Delhi sit in the district court complexes such as Tis Hazari, Saket, Patiala House, Karkardooma, Rohini and Dwarka. Fast-track special courts have been set up in many districts for rape and POCSO cases. In Noida the special court sits at the district court in Surajpur, and in Ghaziabad at the district court there.

POCSO requires the child's evidence to be recorded within thirty days of cognizance and the trial to be completed within one year as far as possible. These deadlines are often missed, but they give the court a reason to prioritise the case. Trials still usually take longer than families expect, and both sides should plan for that.

Victim compensation and support services

Victims of sexual offences are entitled to compensation under section 396 BNSS through the victim compensation scheme of the state, administered by the District or State Legal Services Authority, including the Delhi State Legal Services Authority in Delhi. Interim compensation can be paid early for immediate needs such as medical care and rehabilitation, and the Special Court can order interim compensation in POCSO cases. Compensation does not depend on the accused being convicted.

One Stop Centres (also called Sakhi Centres) in each district provide medical, police, legal and counselling support under one roof for women facing violence. The women's helpline 181 and the emergency number 112 connect to these services. Legal Services Authorities provide a free lawyer to victims who want independent legal help alongside the public prosecutor.

Counselling matters as much as the legal process. Child victims, in particular, may need long-term support. The Child Welfare Committee can arrange counselling, shelter and a support person who accompanies the child through the investigation and trial.

If you are accused of a sexual offence

If you are accused, the most important rules are simple: do not contact the complainant or her family, do not post anything about the case online, and get legal advice before you speak to the police. Any contact can be treated as intimidation and can lead to arrest and refusal of bail. Collect your own documents, such as chats, travel records, location history and witness details, and keep them safe.

Anticipatory bail under section 482 BNSS is available for most sexual offences, but section 482(4) bars it for rape of a woman under sixteen or twelve (s.65 BNS) and gang rape of a woman under eighteen (s.70(2)). For other offences, courts consider the nature of the allegation, the evidence, the delay in reporting, the relationship between the parties and the risk of tampering. See anticipatory bail and regular bail.

In rape cases involving victims under sixteen and in some POCSO cases, the informant or the victim's representative must be given notice and heard at the bail hearing. Courts take the victim's safety seriously when imposing bail conditions, including staying away from her residence and not contacting witnesses.

In the sexual offence files that come to Advocate B.K. Singh's office from the defence side, the first task is to set out the timeline from the accused's documents, not from memory: where he was, who he messaged, what was said before and after. A defence built on records is far more credible than one built on a general denial, and it also shows quickly whether the case is one to contest or one where the accused needs a different kind of advice.

False promise of marriage and consensual relationships

Section 69 BNS punishes sexual intercourse obtained by deceitful means, including a promise of marriage made without any intention of fulfilling it. The key word is intention at the time of the promise. The Supreme Court has repeatedly distinguished a false promise, given only to obtain consent, from a promise made in good faith that later could not be kept, for example in Pramod Suryabhan Pawar v State of Maharashtra (2019). A long relationship that ended badly is not automatically an offence.

These cases turn on chats, the length and nature of the relationship, whether the man was already married or engaged elsewhere when he made the promise, and what happened when marriage was discussed. Complainants should keep all communications. Accused persons should not delete messages, because deletion looks like guilt and the data is often recoverable.

Cases involving adolescents close in age are a separate problem. The law treats any sexual act with a person under eighteen as an offence, regardless of consent. Some High Courts have granted bail or shown leniency where both were teenagers in a relationship, and the issue of the age of consent has been discussed by courts and law reform bodies, but the statute has not changed. Families should take advice before reacting, because the case will follow the law as it stands.

What courts look at during trial

The survivor's testimony, if found credible, can be enough to convict without corroboration. Courts look at whether the account is consistent on the core facts, whether it fits with the medical and forensic evidence, and whether any delay in reporting is explained. Delay is common in sexual offences, especially within families, and courts accept that fear, shame and dependence can explain it.

The defence typically tests the identity of the accused, the timeline, the medical and forensic findings, the electronic evidence, the age of the victim in POCSO cases, and any motive for a false case, such as a property or matrimonial dispute. In POCSO cases, because of the presumptions under sections 29 and 30, the defence must first attack the foundational facts and then offer a probable alternative explanation.

Conviction rates in sexual offence cases vary widely and depend heavily on the quality of the investigation. A careful investigation helps a genuine complainant, and an honest defence lawyer will tell an accused when the evidence is strong. Neither side should expect quick or certain outcomes. These cases are not quashed on settlement, as explained in our page on quashing of FIRs.

Workplace sexual harassment and the POSH Act

Sexual harassment at work is dealt with both under the criminal law and under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act 2013, known as the POSH Act. An employer with ten or more employees must have an Internal Committee; complaints from smaller workplaces go to the Local Committee of the district. A complaint must be filed within three months of the incident, extendable by another three months, and the inquiry is to be completed within ninety days.

The POSH process is civil and disciplinary. It can lead to a warning, suspension, termination or compensation, but not imprisonment. A woman can file a POSH complaint and a police complaint at the same time, and the Internal Committee must assist her if she wants to file an FIR. See our page on labour and employment law, including POSH.

For employers, a complaint is not something to settle quietly. Failure to constitute an Internal Committee or to act on a complaint attracts penalties, and in serious cases the employer may also have reporting duties, especially if a child is involved.

Online sexual offences and image takedown

Sexual offences increasingly happen online: sharing intimate images without consent, morphed images, sextortion, cyber stalking and child sexual abuse material. Section 77 BNS covers voyeurism and distribution of images of a private act. Sections 67 and 67A of the IT Act punish publishing or transmitting obscene and sexually explicit material, and section 67B covers material depicting children. In 2024 the Supreme Court held that storing or possessing child sexual abuse material without deleting or reporting it is itself an offence under section 15 of POCSO.

Report online sexual offences at cybercrime.gov.in or the helpline 1930, and to the platform. Under the IT Rules as amended in February 2026, platforms must act on complaints about non-consensual intimate images very quickly; the deadline was cut to two hours. Check the current rule, keep screenshots with URLs and dates, and do not forward the images yourself, even as evidence. See cyber crime complaints.

For sextortion, where someone threatens to release images unless paid, do not pay and do not delete the chats. Report immediately. Payment rarely ends the threats, and the chats are the evidence that identifies the person.

Documents and evidence to keep

How the answer changes with the people involved

When the survivor is a child, POCSO applies and the family, the school and the doctor all have reporting duties. When the accused is a family member, the Child Welfare Committee may need to arrange for the child to live safely elsewhere, and custody questions may follow; see child custody and guardianship. When the accused is himself under eighteen, the case goes to the Juvenile Justice Board, and for serious offences by a sixteen or seventeen year old, the Board may decide whether he should be tried as an adult.

Rape under the BNS is defined as an offence by a man against a woman. The BNS did not carry forward old section 377 IPC, and how non-consensual sexual acts against adult men are covered has been debated before courts, so check the current position. POCSO protects boys and girls equally. Sexual abuse of a transgender person is an offence under the Transgender Persons (Protection of Rights) Act 2019, in addition to other applicable provisions.

Where a complaint arises during a matrimonial or property dispute, courts look carefully at the timing, but that alone does not make it false. Both sides should expect the court to look at the evidence of the incident itself, and the surrounding dispute will be part of the picture. For matrimonial cruelty and dowry complaints, see dowry and domestic violence cases.

Mistakes that hurt a case on either side

• Delaying medical examination without reason. Forensic evidence is lost quickly. Get medical care first, even before deciding everything else.
• Handling a child abuse complaint internally. Schools, institutions and families who keep it quiet commit an offence under POCSO and put the child at further risk.
• Revealing the survivor's identity. Social media posts by families or friends can be an offence under section 72 BNS and cause lasting harm.
• Contacting the complainant if you are accused. It is treated as pressure or intimidation and is one of the most common reasons bail is refused or cancelled.
• Deleting messages. Deleted data is often recovered, and deletion damages credibility, whichever side does it.
• Expecting settlement to end the case. Rape and POCSO cases are not quashed on compromise.

What to do this week

If you are a survivor or a parent, prioritise safety and medical care, then report to the police, and ask for the FIR copy, the IO's number and support from the District Legal Services Authority or a One Stop Centre. Preserve every piece of evidence, including chats and the clothes worn. If the matter is at a school or workplace, make sure it is reported to the police and, for workplaces, also to the Internal Committee. Our page on filing an FIR and police complaints explains what to do if the police delay.

If you are accused, do not contact the complainant, collect your records, and get advice on anticipatory bail or responding to a police notice before you go to the station. If a trial is already under way, see criminal trial defence and appeals.

If you want the papers reviewed by someone who handles these cases, the team of Advocate B.K. Singh at Legals365 can look at them in confidence and tell you the next step through talk to a lawyer.

Frequently asked questions

What is the POCSO Act?

The Protection of Children from Sexual Offences Act 2012 protects every person under eighteen from sexual assault, harassment and pornographic exploitation. It applies to boys and girls alike, sets up special courts, makes reporting mandatory, and provides child-friendly procedures for statements and trial.

Is there a time limit to file a rape or POCSO complaint?

No. There is no limitation period for serious sexual offences, and courts accept that delay in reporting is often explained by fear, shame or dependence. Reporting early does help preserve medical and electronic evidence.

Can anticipatory bail be granted in a POCSO or rape case?

For most sexual offences anticipatory bail is possible on the facts. Section 482(4) BNSS bars it for rape of a woman under sixteen (s.65 BNS) and gang rape of a woman under eighteen (s.70(2) BNS). Courts look closely at the evidence, delay and risk of tampering.

Can a rape or POCSO case be settled or withdrawn?

No. These offences are against society and are not compoundable, and the Supreme Court has set aside High Court orders quashing such cases on compromise. A complainant who turns hostile at trial may face questions, and the court decides on the whole evidence.

What is the punishment for rape under the BNS?

Section 64 BNS provides rigorous imprisonment of at least ten years, extendable to life, and fine. Rape of a woman under sixteen carries at least twenty years, and of a girl under twelve up to death. Gang rape and rape causing death carry higher punishment.

Is a false promise of marriage rape?

It is a separate offence under section 69 BNS if the man made the promise without any intention of keeping it, punishable with up to ten years. A genuine promise that later could not be kept is not an offence. The facts and the communications decide which it is.

What happens if a school does not report child sexual abuse?

Failure to report a known or suspected offence is punishable under section 21 of POCSO, with higher punishment for persons in charge of an institution. Schools, hostels, hospitals and coaching centres must report to the police or the Special Juvenile Police Unit.

Who records the statement of a woman or child victim?

A woman police officer records the information from a woman, and a woman officer not below sub-inspector rank, not in uniform, records a child's statement at home or a place of the child's choice. A magistrate, a woman magistrate where possible, records the statement under section 183 BNSS.

Can the victim's name be published?

No. Section 72 BNS makes it an offence to disclose the identity of a victim of rape and related offences, and POCSO bars disclosure of a child victim's identity. FIRs in such cases are not uploaded publicly and judgments use initials.

What is the punishment for indecent exposure?

Obscene acts in a public place are punishable under section 296 BNS with up to three months or fine. Exposure meant to insult a woman's modesty falls under section 79 BNS, and exposure to a child with sexual intent is sexual harassment under POCSO section 11, punishable with up to three years.

Do victims get compensation?

Yes. Victims can get compensation under section 396 BNSS through the state's victim compensation scheme, administered by the Legal Services Authority, including interim compensation for urgent needs. It does not depend on conviction. In POCSO cases the Special Court can also order interim compensation.

What should I do if I am falsely accused of a sexual offence?

Do not contact the complainant, preserve your chats, travel and location records, and get legal advice before speaking to the police. Consider anticipatory bail where it is available. A defence based on documents and a clear timeline is much stronger than a general denial.