How does the law on child sexual abuse help child survivors?

The Madras High Court reversed a lower court pronouncement which acquitted a teacher who sexually assaulted a 4 year old child on the grounds of inconsistent evidence given by the child. The High Court held that a child cannot be expected to narrate the incident in an exact manner.

Which law governs child sexual assault in India?

The Protection of Children from Sexual Offences Act, 2012 governs child sexual abuse in India.

What are the major sexual offences against children?

The law on child sexual abuse punishes the following crimes against children (anyone below 18 years):

• Sexual assault
• Penetrative sexual assault
• Sexual harassment
• Child pornography

How is a child survivor’s statement recorded by the police?

The police should record the child survivor’s statement at their residence or at a place of their choice, in the presence of their parents or any other person they trust. As far as possible, a woman police officer (out of uniform) not below the rank of sub-inspector should record it. The police cannot detain children in the police station at night for any reason. 

While examining the child, the police officer must ensure that the child does not come in contact with the accused, and protect the child’s identity from the public media, unless the Special Court directs otherwise.

Wherever necessary, the police officer may take the assistance of a qualified translator or an interpreter while recording the statement of the child. In case the child has a mental or physical disability, they can seek the assistance of a special educator or an expert.

If possible, the police officer must ensure that the child’s statement is also recorded by audio-video electronic means.

Are there any other special provisions for survivors of child sexual abuse?

Yes. In all cases of sexual assault of children, the burden of proof is shifted to the accused person i.e., the onus of proving that the act was not committed lies on the accused. 

To know more about protecting children from sexual abuse, read our explainer.