How to File a POCSO Complaint: FIR, Statement, Special Court

How to file a POCSO complaint: go to any police station or the Special Juvenile Police Unit (SJPU) and give the information orally or in writing; the police must record it in writing, read it back to you and register an FIR, and you get a free copy. You can file at any police station, whatever the place of the offence (zero FIR, BNSS s.173). In an emergency call 112, and for immediate child support call 1098. Within 24 hours, the police must inform the Child Welfare Committee and the Special Court (POCSO s.19(6)).

How to file a POCSO complaint, step by step

1. Make the child safe first. If the child is injured or in danger, call 112 and get medical care. Hospitals must give emergency care without asking for police papers (POCSO Rules 2020, Rule 6(3)).
2. Write down what the child said, in the child’s own words, with date and time. Do not question the child repeatedly or ask leading questions.
3. Go to the nearest police station or SJPU. Ask for the officer handling POCSO matters. You need not go to the station where the offence happened; under BNSS s.173 an FIR can be registered anywhere and transferred.
4. Give facts only: who told you, when, the child’s age, the child’s words, and what you have done to keep the child safe.
5. Check the record. Under s.19(2), the police must record the information in writing, read it over to you and enter it in their register. Ask for your free copy of the FIR.
6. Online material: if images or videos are involved, do not copy or forward them. Note where they are and report on cybercrime.gov.in as well. If money was paid to a blackmailer, call 1930.

The child helpline 1098 can help with immediate care and support, but it does not replace informing the police.

If the police refuse to register the complaint

• A police officer who fails to record POCSO information is himself liable under s.21(1) (up to 6 months, or fine, or both).
• Send the substance of the information in writing to the Superintendent of Police (BNSS s.173(4)).
• If that fails, apply to the Magistrate under BNSS s.175(3), with an affidavit, after having approached the SP.
• Free legal help is available from the District Legal Services Authority (NALSA helpline 15100). Children are entitled to free legal aid under s.12 of the Legal Services Authorities Act, 1987.

What happens after the POCSO FIR

The child’s statement

Under s.24, the statement is recorded at the child’s home, where the child usually lives or a place of the child’s choice, as far as practicable by a woman officer not below sub-inspector, not in uniform. The child must not be kept at the police station at night and must never come into contact with the accused. A Magistrate may also record the statement as the child speaks it (s.25, with BNSS s.183), with a parent or trusted person present, and with an interpreter or special educator if needed (s.26).

Medical examination

Under s.27 and BNSS s.184, the examination can happen even before an FIR. For a girl, it must be by a woman doctor, in the presence of a parent or person the child trusts. The police send the child to a doctor within 24 hours of receiving the information, and the doctor sends the report to the investigating officer within 7 days. If a recent assault is suspected, do not bathe the child or wash clothes before the examination.

Care and support

• Child Welfare Committee: decides whether the child is safe at home, especially if the accused lives in the household.
• Support person: under the POCSO Rules 2020, the CWC may assign one, with the family’s consent, to guide the child through the case.
• Compensation: the Special Court can order interim compensation at any stage after the FIR, and final compensation even if the accused is acquitted or not traced; the state must pay within 30 days of the order.

The trial

Special Courts try POCSO cases (s.28). The child’s evidence should be recorded within 30 days of cognizance, and the trial completed as far as possible within one year (s.35). Questions go through the judge (s.33), the child is shielded from the accused by screens or video link (s.36), and the trial is held in camera (s.37).

Mistakes families should avoid

• Agreeing to a “compromise” with the accused. Serious POCSO offences cannot be settled privately.
• Making the child repeat the account to every relative. It distresses the child and can be attacked in court as inconsistency.
• Posting about the case online. Section 23 bars disclosing the child’s identity, including school and neighbourhood.

Frequently asked questions

How to file a POCSO complaint against someone?

Go to any police station or the SJPU and tell the officer what you know, orally or in writing. The police must record it, read it back to you and register an FIR, and give you a free copy. In an emergency call 112.

Do I need proof to file a POCSO complaint?

No. Section 19 requires reporting on knowledge or even apprehension. Investigation is the police’s job, and a person who reports in good faith is protected from civil and criminal liability (s.19(7)).

Will my child have to go to the police station?

The law says the child’s statement should be recorded at home or a place of the child’s choice, preferably by a woman officer in plain clothes, and that a child must not be kept at a police station at night. Insist on these safeguards.

What if the police refuse to file a POCSO FIR?

Write to the Superintendent of Police under BNSS s.173(4), and then apply to the Magistrate under s.175(3) with an affidavit. An officer who fails to record POCSO information is himself punishable under s.21(1).

Quick quiz

For schools and institutions that must act correctly from the first hour: POCSO and Child Protection certificate course, ₹499.

Sources

• Protection of Children from Sexual Offences Act, 2012: ss.19, 21, 23 to 28, 33, 35 to 37
• Protection of Children from Sexual Offences Rules, 2020: Rule 6(3) and provisions on support persons and compensation
• Bharatiya Nagarik Suraksha Sanhita, 2023: ss.173, 175(3), 183, 184, 193(2)
• Legal Services Authorities Act, 1987: s.12

This page is for education and general information, not legal advice for a specific case. Law as on 31 October 2026.