LexThe Protection of Children from Sexual Offences Act, 2012
Punjab · state statute
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MINISTRY OF WOMEN AND CHILD
DEVELOPMENT
Model Guidelines under Section 39 of
The Protection of Children from Sexual Offences
Act, 2012
September, 2013
Guidelines for the Use of Professionals and Experts under the POCSO Act, 2012
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CONTENTS
S. No
Chapter
Page
1. Introduction: An Overview of the Protection of Children from
Sexual Offences Act, 2012
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2. General Principles for use of Professionals and Experts Assisting
the Child at Pre-trial and Trial Stages
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3. Guidelines on Interviewing a Child
1. Reasons for Interviewing a child
1.1 Interview Setting
1.2 Things to be Kept in Mind while Interviewing a Child
2. Children with Special Needs
3. Procedures when Interviewing Parents/Caregivers
4. Best Practice Principles for Use of Interpreters
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4. Medical and Health Professionals
1. Relevant Legal Provisions
2. Emergency Medical Care
2.1 Medical Examination
2.2 Compensation for Medical Expenses
3. Modalities of medical expenses of child
3.1 Role of Medical Professionals
3.2 Mandatory Reporting
3.3 Medical or Health History
3.4 If the Child Resists the Examination
3.4.1 Techniques to Help the Child Relax
3.5 Sedation for Medical Treatment
3.6 Information Essential for Medical History
3.7 Head to Toe Examination
3.8 Role of Medical Professional as Expert Witness
4. FAQs on Medical Examination
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5. Psychologists and Mental Health Experts
1. Relevant Legal Provisions
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2. Counsellors
2.1 Role
2.2 Who may Be Appointed as a Counsellor
2.3 Criteria for Engagement as a Counsellor
2.4 Counselling S ervices under Integrated Child Protection
Scheme (ICPS)
2.5 Payment to Counsellors
2.6 Basic Principles of Counselling Young Children
3. Why a Child may not Disclose Abuse
4. Indicators
4.1 Behaviourial Indicators
4.2 Physical Indicators
5. Effects of Child Sexual Abuse
6. Language of the Child
7. Response to Disclosure
8. Counselling for Families
8.1 Experience of Parents after Disclosure
8.2 Coping after Disclosure
8.3 Protecting the Child from Further Harm
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6. Social Workers and Support persons
1. Social Workers: Inquiry
2. Guidelines for Interviewing the Child
2.1 Social Worker‟s/Probation Officer‟s/ N.G.O‟s/any other
person found fir by CWC)‟s Recommendation and Further
Action
3. Support Persons
3.1 List of Support Persons
3.2 Training of Support Persons
3.3 Payment to Support Persons
4. Child Protection Plan (CPP)
5. Code of Conduct
6. Role of NGO
6.1 Relevant Legal Provisions
6.2 General Comments
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7. Child Development Experts
1. Legal Provisions
2. General Comments
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8. Legal Representatives
1. Free Legal Aid
1.1 Public Prosecutor
1.2 Child Friendly Procedures
1.3 Services provided by Legal Service Authorities
1.4 Mode of Selection of Lawyers
1.5 Payment
2. Guidance on examining child victims and witnesses
2.1 Before Trial
2.2 At Trial
3. Role of Lawyer
3.1 Representation in accordance with Child‟s Welfare and
Best Interest
3.2 At Hearing
3.3 After Conclusion of Trial
4. Child Friendly Court Rooms and Waiting Areas
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9. Guide to Mandatory Reporting
1. Why Report?
2. Obligation to Inform the Child
3. What to Report?
4. Sanctions
4.1 Failure to Report
4.2 False Report
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Chapter 1
Introduction
An Overview of the Protection of Children from Sexual Offences Act, 2012
To deal with child sexual abuse cases, the Government has brought in a special law,
namely, The Protection of Children from Sexual Offences (POCSO) Act, 2012. The Act has
come into force with effect from 14th November, 2012 along with the Rules framed thereunder.
The POCSO Act, 2012 is a comprehensive law to provide for the protection of children
from the offences of sexual assault, sexual harassment and pornography, while safeguarding the
interests of the child at every stage of the judicial process by incorporating child -friendly
mechanisms for reporting, recording of evidence, investigation and speedy trial of offences
through designated Special Courts.
The said Act defines a child as any person below eighteen years of age, and defines
different for ms of sexual abuse, including penetrative and non -penetrative assault, as well as
sexual harassment and pornography, and deems a sexual assault to be “aggravated” under certain
circumstances, such as when the abused child is mentally ill or when the abuse is committed by a
person in a position of trust or authority vis-à-vis the child, like a family member, police officer,
teacher, or doctor. People who traffick children for sexual purposes are also punishable under
the provisions relating to abetment in the said Act. The said Act prescribes stringent punishment
graded as per the gravity of the offence, with a maximum term of rigorous imprisonment for life,
and fine.
In keeping with the best international child protection standards, the said Act also
provides for mandatory reporting of sexual offences. This casts a legal duty upon a person who
has knowledge that a child has been sexually abused to report the offence; if he fails to do so, he
may be punished with six months‟ imprisonment and/ or a fine.
The said Act also casts the police in the role of child protectors during the investigative
process. Thus, the police personnel receiving a report of sexual abuse of a child are given the
responsibility of making urgent arrangements for the care and protectio n of the child, such as
obtaining emergency medical treatment for the child and placing the child in a shelter home,
should the need arise. The police are also required to bring the matter to the attention of the
Child Welfare Committee (CWC) within 24 hou rs of receiving the report, so the CWC may then
proceed where required to make further arrangements for the safety and security of the child.
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The said Act makes provisions for the medical examination of the child in a manner
designed to cause as little d istress as possible. The examination is to be carried out in the
presence of the parent or other person whom the child trusts, and in the case of a female child,
by a female doctor.
The said Act provides for Special Courts that conduct the trial in -camera and without
revealing the identity of the child, in a child -friendly manner. Hence, the child may have a parent
or other trusted person present at the time of testifying and can call for assistance from an
interpreter, special educator, or other professi onal while giving evidence; further, the child is not
to be called repeatedly to testify in court and may testify through video -link rather than in a
courtroom. Above all, the said Act stipulates that a case of child sexual abuse must be disposed
of within one year from the date the offence is reported. It also provides for the Special Court to
determine the amount of compensation to be paid to a child who has been sexually abused, so
that this money can then be used for the child‟s medical treatment and rehabilitation.
The said Act recognises almost every known form of sexual abuse against children as
punishable offences, and makes the different agencies of the State, such as the police, judiciary
and child protection machinery, collaborators in securing justice for a sexually abused child.
Further, by providing for a child -friendly judicial process, the said Act encourages children who
have been victims of sexual abuse to report the offence and seek redress for their suffering, as
well as to obtain assist ance in overcoming their trauma. In time, the said Act will provide a
means not only to report and punish those who abuse and exploit the innocence of children, but
also prove an effective deterrent in curbing the occurrence of these offences.
The said A ct is to be implemented with the active participation of the State
Governments. Under Section 39 of the said Act, the State Government is required to frame
guidelines for the use of persons including non -governmental organisations, professionals and
experts or persons trained in and having knowledge of psychology, social work, physical health,
mental health and child development to assist the child at the trial and pre -trial stage. The
following guidelines are Model Guidelines formulated by the Central Gove rnment, based on
which the State Governments can then frame more extensive and specific guidelines as per their
specific needs.
Multi-sectoral Approach
Children who have been sexually abused are not only traumatised as a result of their
experience, but are also more vulnerable to further and repeated abuse and at risk of secondary
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victimisation at the hands of the justice delivery process. A common exampl e is the handling of
cases of child victims by unspecialized police, prosecutors and judges who are not trained in
justice for children, children‟s rights or how to dea l and communicate with victim children and
their families. The lack of clear guidelines and procedures on how to deal with child victims and
their families in a child – sensitive manner during the court process affects the quality of trial and
evidence and trial process; the child is subjected in such cases to repeated probing and
questioning, made to relive the traumatic incident again and again, and thereby suffer in the
retelling. Another instance is that of child victims not receiving proper medical sup port and
counselling, causing physical and mental distress to the child and his/her family and hampering
the healing process for the child. In addition to this, families and child victims are unable to
benefit from legal aid as the appropriate agencies are not involved at the right stage in the
procedure. Child victims do not receive timely advice and assistance so as to be free from a fear
of family breakdowns and social isolation if the offender is a relative and/or the breadwinner of
the family. There is also no system of supervision for checking the welfare and well -being of
child victims during and after the court process, particularly when the abuser is the parent or
guardian of the child.
There is thus a need for prompt and systematic multi-sectoral intervention that will be
conducive to the justice delivery process, minimise the risks of health problems, enhance the
recovery of the child and prevent further trauma. This can be achieved through action that
addresses the needs of the child effectively , not only to protect him from further abuse and help
him deal with his/her trauma but also to ensure that he is not revictimised in the course of the
justice delivery process. In addition to this, it also has to be ensured that the child is steered
towards the path of healing, recovery and rehabilitation.
The prevention of child sexual abuse, protection of victims, justice delivery, and
rehabilitation of victims are not isolated issues. The achievement of these objectives requires a
co-ordinated respons e of all the key players, which include the police, prosecution, Courts,
medical institutions, psychologists and counsellors, as well as institutions that provide social
services to the children. The protection of children from violence and abuse thus requ ires an
integrated and coordinated approach. Needless to say, the identification and understanding of
the roles of each of these professionals is crucial to avoid duplication and promote effective
convergence.
A multi-sectoral approach, while mindful of children‟s rights, would address the
problems related to uncoordinated interagency mechanisms that child victims face in the legal
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and social service process. It will provide a frame work within which the service providers will
work, and provide a mechanism for information -sharing to help the victim. The process of
investigation and referral of cases will also improve. It is envisaged that such an approach will
ensure support for the child and his/her family, inclu ding assistance with police and court
proceedings, arrangements for emergency shelter for children, arrangements for counselling,
therapy, and training courses, appropriate rehabilitative services including protective custody and
foster care, if necessary; information on and access to financial assistance, where appropriate,
and monitoring of family involvement.
The responsibility of supporting children who have been sexually abused should be
embraced by the whole community, but it is the professionals t hat work in this field who play an
important role in enabling the healing process . These guidelines are therefore aimed at various
professionals involved in providing services to the child and other affected persons including
his/her family. Their objectiv e is to foster better response mechanisms involving coordination
amongst these professionals, so as to result in the evolution of a multi -sectoral, multi-disciplinary
approach that will go a long way in achieving the objectives of the POCSO Act, 2012.
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Chapter 2
General Principles for use of Professionals and Experts Assisting the Child at Pre-trial
and Trial Stages
The fundamental principles to be followed in the determination of a case involving a sexual
offence against a child have been laid down in v arious international instruments and in the
Preamble to the POCSO Act, 2012 itself. The State Governments, the Child Welfare Committee,
the Police, the Special Courts, all other Government functionaries as well as Non -Government
Organisations, and all professionals and experts assisting the child at the trial and pre -trial stages
are bound to abide by these principles.
These principles are -
a) Right to life and survival -Every child has the right to life and survival and to be shielded
from any form of h ardship, abuse or neglect, including physical, psychological, mental
and emotional abuse and neglect; and to a chance for harmonious development and a
standard of living adequate for physical, mental, spiritual, moral and social growth. In the
case of a ch ild who has been traumatized, every step should be taken to enable the child
to enjoy healthy development.
b) The best interests of the child - Every child has the right to have his/her best interests given
primary consideration. This includes the right to p rotection and to a chance for
harmonious development. Protecting the child‟s best interests means not only protecting
the child from secondary victimisation and hardship while involved in the justice process
as victim or witness, but also enhancing the chi ld‟s capacity to contribute to that process.
Secondary victimisation refers to the victimisation that occurs not as a direct result of the
criminal act but through the response of institutions and individuals to the victim.
c) The right to be treated with dignity and compassion - Child victims should be treated in a caring
and sensitive manner throughout the justice process, taking into account their personal
situation and immediate needs, age, gender, disability and level of maturity and fully
respecting their physical, mental and moral integrity. Interference in the child‟s private
life should be limited to the minimum needed and information shared on a need to know
basis. Efforts should also be made to reduce the number of professionals interviewing
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the c hild. At the same time, however, it is important that high standards of evidence
collection are maintained in order to ensure fair and equitable outcomes of the justice
process. In order to avoid further hardship to the child, interviews, examination and
other forms of investigation should be conducted by trained professionals who proceed
in a sensitive, respectful and thorough manner in a child -friendly environment. All
interactions should also take place in a language that the child uses and understands.
Medical examination should be ordered only where it is necessary for the investigation of
the case and is in the best interests of the child and it should be minimally intrusive.
d) The right to be protected from discrimination - The justice process and support services available
to child victims and witnesses and their families should be sensitive to the child‟s age,
wishes, understanding, gender, sexual orientation, ethnic, cultural, religious, linguistic and
social background, caste and socio-economic condition, as well as to the special needs of
the child, including health, abilities and capacities. Professionals should be trained and
educated about such differences. Age should not be a barrier to a child‟s right to
participate fully in the justice process. Every child should be treated as a capable witness,
according to his/her age and level of maturity.
e) The right to special preventive measures – Children may already face twice as much risk of
repeated victimisation as adults because they often are or ar e perceived by a potential
offender as being vulnerable, unsure of how to defend themselves or unable to properly
assert themselves and take a strong position against an adult. A preventive measure that
could be used to protect children is to demand refere nces and a criminal background
assessment before hiring personnel likely to work with children, such as schoolteachers.
f) The right to be informed - There are two aspects of child victims‟ and witnesses‟ right to be
informed. The first aspect is the more g eneral one and consists of informing child
victims and witnesses about the assistance they are entitled to, the way legal proceedings
are organized and the role they can play in those proceedings if they decide to do so. The
second aspect is more specific and relates to information on the particular case in which
the child is involved: it implies being informed about the progress of the case, about the
scheduling of the proceedings, about what is expected of the child, about the decisions
rendered, about the status of the offender, and so forth.
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g) The right to be heard and to express views and concerns–Every child has the right to be heard in
respect of matters affecting him/her. The child has a right to participate at all levels:
being informed, expressing an informed view, having that view taken into account, and
being the main or joint decision maker. When, for any good reason, the requirements
and expectations of the child cannot be met, it needs to be explained to the child, in a
child-friendly way, why certain decisions are made, why certain elements or facts are or
are not discussed or questioned in Court and why certain views are not taken into
consideration. It is important to show respect for elements that a child finds important in
his/her story, but which are not necessarily relevant as evidence.
h) The right to effective assistance –The child must receive the required assistance to address
his/her needs and enable him/her to participate effectively at all stages of the justice
process. This may include assistance and support services such as financial, legal,
counselling, health, soci al and educational services, physical and psychological recovery
services and other services necessary for the child‟s healing, as well as for justice and
reintegration.
i) The right to privacy –The child‟s privacy and identity must be protected at all stage s of the
pre-trial and trial process. The release of information about a child victim or witness, in
particular in the media, may endanger the child‟s safety, cause the child intense shame
and humiliation, discourage him from telling what happened and caus e him severe
emotional harm. Release of information about a child victim or witness may put a strain
on the relationships of the child with family, peers and community, especially in cases of
sexual abuse. In some cases it might also lead to stigmatization by the community,
thereby aggravating secondary victimization of the child. There are two essential ways of
protecting the privacy of child victims and witnesses: firstly, by restricting the disclosure
of information on child victims and witnesses and sec ondly, by restricting the attendance
of the general public or non-essential persons in courtrooms.
j) The right to be protected from hardship during the justice process - Throughout the justice process,
child victims are exposed to hardship, also referred to as secondary victimization: this
can occur while reporting the crime and recounting what has happened, while awaiting
trial and while testifying in court. The judicial process is a very stressful one for the child;
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as far as possible, any stress the child may have as a result of the process should be
minimized.
k) The right to safety - Where the safety of a child victim may be at risk, appropriate measures
should be taken to require the reporting of those safety risks to appropriate authorities
and to protect the child from such risk before, during and after the justice process.
Professionals should be trained in recognizing and preventing intimidation, threats and
harm to child victims and witnesses. Where child victims and witnesses may be the
subject of intimidation, threats or harm, appropriate conditions should be put in place to
ensure the safety of the child.
l) The right to compensation – The child victim may be awarded compensation 1 for his/her
relief and rehabilitation. This compensation may be awarded at an interim stage, during
the pendency of trial, as well as at the conclusion of the trial. Procedures for obtaining
and enforcing reparation should be readily accessible and child -sensitive. Victims may be
repaid for material losses and damages incurred, receive medical and/or psychosocial
support and obtain reparation for ongoing suffering.
1 As per Section 33 (8) of POCSO Act, 2012 and Rule 7(3) of POCSO Rules, 2012 so as to commensurate with the
short and long term negative impact on the child. Further, as stated in Rule 7 (4) of the POCSO Rules, 2012, the
compensation is to be paid by State Government from the Victims Compensation Fund or other scheme or fund
established by it under Code of Criminal Procedure, 1973 or any other law for the time being in force, and in the
absence of such fund or scheme, by the State Government.
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Chapter 3
Guidelines on Interviewing a Child: Forensic Interview Protocol
There are two distinct aspects to the gathering of information from the child (or attending
adults) in cases of alleged child sexual abuse: (a) the medical history and ( b) the interview. The
interview stage of the assessment goes beyond the medical history in that it seeks to obtain
information directly related to the alleged sexual abuse, for example, details of the assault,
including the time and place, frequency, description of clothing worn and so o n. Interviewing of
children is a specialized skill and, if possible, should be conducted by a trained professional.
In the context of the POCSO Act, 2012 interviews may need to be conducted by a variety of
professionals, including police or investigative agencies. These are forensic rather than
therapeutic interviews, with the objective being to obtain a statement from the child in a manner
that is developmentally-sensitive, unbiased, and truth -seeking, that will support accurate and fair
decision-making in the criminal justice and child welfare systems. Information obtained from an
investigative or forensic interview may be useful for making treatment decisions, but the
interview is not part of a treatment process.
The following are some basic guideline s that should be kept in mind while conducting the
forensic interview to ensure that the interview process does not become traumatic for the child.
Regardless of who is responsible for the medical history and interview, the two aspects of
information gathe ring should be conducted in a coordinated manner so that the child is not
further traumatized by unnecessary repetition of questioning and information is not lost or
distorted.
1. Reasons for interviewing the child
i) To get a picture of the child's physical and emotional state;
ii) To establish whether the child needs urgent medical attention;
iii) To hear the child's version of the circumstances leading to the concern;
iv) To get a picture of the child's relationship with their parents or family;
v) To support the child to participate in decisions affecting them according to their age and
maturity;
vi) To find out who the child trusts;
vii) To inform the child of any further steps to be taken in the enquiry;
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viii) To assure the child that he/she is now safe and would be cared for, looked after,
protected;
ix) To identify areas that would / might need counselling / psychiatric intervention.
1.1 Interview setting
The more comfortable a child is, the more information he is likely to share. Also, children
may be too embarrassed to share intimate details when they believe that others can overhear
what they are saying. As far as possible, interviews should be conducted in a safe, neutral
and child-friendly environment.
The interviewer can incorporate elements t o make a room appear child -friendly, such as
toys, art material or other props. Distractions like ringing phones, other people‟s voices and
elaborate play material should be removed as far as possible.
1.2 Things to be kept in mind while interviewing a child
i) All children should be approached with extreme sensitivity and their vulnerability
recognized and understood.
ii) Try to establish a neutral environment and rapport with the child before beginning
the interview. For example, if the interview must be conducted in the child‟s home,
select a private location away from parents or siblings that appears to be the most
neutral spot.
iii) Try to select locations that are away from traffic, noise, or other disruptions. Items
such as telephones, cell phones, televisions, and other potential distractions should
be temporarily turned off.
iv) The interview location should be as simple and uncluttered as possible, containing a
table and chairs. Avoid playrooms or other locations with visible toys and books that
will distract children.
v) Always identify yourself as a helping person and try to build a rapport with the child.
vi) Make the child comfortable with the interview setting. Gather preliminary
information about the child‟s verbal skills and cognitive maturity. Convey that the
goal of the interview is for the child to talk and ask questions that invite the child to
talk (e.g., “tell me about your family”).
vii) Ask the child if he/she knows why they have come to see you. Children are often
confused about the purpose of the interview or worried that they are in trouble.
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viii) Convey and maintain a relaxed, friendly atmosphere. Do not express surprise,
disgust, disbelief, or other emotional reactions to descriptions of the abuse.
ix) Avoid touching the child and respect the child‟s personal space. Do not stare at the
child or sit uncomfortably close.
x) Do not suggest feelings or responses to the child. For example, do not say, “I know
how difficult this must be for you.”
xi) Do not make false promises. For example, do not say, “Everything will be okay” or
“You will never have to talk about this again.”
xii) Establish ground rules for the interview, including permission for the child to say
he/she doesn‟t know and permission to correct the interviewer.
xiii) Ask the child to describe what happened, or is happening, to them in their own
words. The interviewer should, as far as possible, follow the child‟s lead; however,
he may have to delicately introduce the topics of the abuse.
xiv) Always begin with open -ended questions. Avoid asking the child a direct question,
such as “Did so mebody touch your privates last week?”. Instead, try “I understand
something has been bothering you. Tell me about it.”
xv) After initially starting like this, move on to allow the child to use free narrative. For
example, you can say, “I want to understand ev erything about [refer back to child‟s
statement]. Start with the first thing that happened and tell me everything you can,
even things you don‟t think are very important.”
xvi) Avoid the use of leading questions that imply an answer or assume facts that might
be in dispute and use direct questioning only when open -ended questioning/free
narrative has been exhausted.
xvii) The interviewer should clarify the following:
a) Descriptions of events.
b) The identity of the perpetrator(s).
c) Whether allegations involve a single event or multiple events.
d) The presence and identities of other witnesses.
e) Whether similar events have happened to other children.
f) Whether the child told anyone about the event(s).
g) The time frame and location/venue.
h) Alternative explanations for the allegations.
xviii) However, interviewers should avoid probing for unnecessary details. For example, it
may not be essential to get a detailed description of an alleged perpetrator if he/she
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is someone who is familiar to the child (e.g., a relative or teacher). A lthough it is
useful if the child can recall when and where each event occurred, children may have
difficulty specifying this information if they are young, if the event happened a long
time ago, or if there has been ongoing abuse over a period of time
xix) The child may get exhausted frequently and easily; in such an event, it is advisable
not to prolong the inquiry, but rather to divert the child‟s mind and come back to
the sexual abuse when the child is refreshed.
xx) Regularly check if the child is hungry or th irsty, tired or sleepy, and address these
needs immediately.
xxi) Let the child do the talking and answer any questions the child may have in a direct
manner.
xxii) Avoid questioning the child as to why he behaved in a particular way (e.g., “Why
didn‟t you tell your mother that night?”). Young children have difficulty answering
such questions and may feel that you are blaming them for the situation.
xxiii) Avoid correcting the child‟s behaviour unnecessarily during the interview. It can be
helpful to direct the child‟s atte ntion with meaningful explanations (e.g., “I have a
little trouble hearing, so it helps me a lot if you look at me when you are talking so
that I can hear you”) but avoid correcting nervous behaviour that may be slowing
the pace of the interview or even preventing it from proceeding.
xxiv) When two professionals will be present, it is best to appoint one as the primary
interviewer, with the second professional taking notes or suggesting additional
questions when the interview is drawing to a close.
xxv) Interviewers should not discuss the case in front of the child.
xxvi) Individuals who might be accused of influencing children to discuss abuse, such as
parents involved in custody disputes or therapists, should not be allowed to sit with
children during interviews.
xxvii) In some cases, the interviewer may consider it appropriate to allow a support person
to sit in on the interview; but in these situations, such a person be instructed that
only the child is allowed to talk unless a question is directed to the support person.
Also, the support person should be seated out of the child‟s line of vision to avoid
allegations that the child was reacting to nonverbal signals from a trusted adult.
xxviii) When planning investigative strategies, consider other children (boys as well as girls)
that may have had contact with the alleged perpetrator. For example, there may be
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an indication to examine the child‟s siblings. Also consider interviewing the parent
or guardian or other family member of the child, without the child present.
xxix) The interviewer sh ould convey to all parties that no assumptions have been made
about whether abuse has occurred.
xxx) The interviewer should take the time necessary to perform a complete evaluation
and should avoid any coercive quality to the interview.
xxxi) Interview procedures may be modified in cases involving very young, minimally
verbal children or children with special needs (e.g., developmentally delayed,
electively mute, non-native speakers).
xxxii) Try to establish the child‟s developmental level in order to understand any
limitations as well as appropriate interactions. It is important to realize that young
children have little or no concept of numbers or time, and that they have limited
vocabulary and may use terminology differently to adults, making interpretation of
questions and answers a sensitive matter.
xxxiii) A variety of non -verbal tools may be used to assist young children in
communication, including drawings, toys, dollhouses, dolls, puppets, etc. Since such
materials have the potential to be distracting or misleading they shoul d be used with
care. They are discretionary for older children.
xxxiv) Storybooks, colouring books or videos that contain explicit descriptions of abuse
situations are potentially suggestive and are primary teaching tools. They are typically
not appropriate for information-gathering purposes.
In certain situations, the interviewer may consider it appropriate to interview the child victim
together with his /her parent or guardian or other person in whom the child has trust and
confidence. In such cases, the following guidance may be useful:
i) When possible, interviewing the primary caregiver and reviewing other collateral data first to
gather background information may facilitate the evaluation process.
ii) The child should be seen individually, except when the child refuses to separate from a
parent/guardian. Discussion of possible abuse with the child in the presence of the caregiver
during evaluation intervi ews should be avoided except when necessary to elicit information
from the child. In such cases, the interview setting should be structured to reduce the
possibility of improper influence by the caregiver on the child‟s behaviour or statements.
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iii) In som e cases, joint sessions with the child and the non -accused caregiver or accused or
suspected individual might be helpful to obtain information regarding the overall quality of
the relationships. Such joint sessions should not be conducted for the purpose o f determining
whether abuse occurred based on the child‟s reactions to the participating adult. Joint sessions
should not be conducted if they will cause significant distress for the child.
2. Children with special needs
i) It is important to understand that ch ildren may have special physical or mental needs, or
a combination of both.
ii) Be aware that the risk of criminal victimization (including sexual assault) for children
with special needs appears to be much higher than for those without such needs.
Children w ith special needs are often victimized repeatedly by the same offender.
Caretakers, family members, or friends may be responsible for the sexual abuse.
iii) Respect the child‟s wishes to have or not have caretakers, family members, or friends
present during the interview. Although these persons may be accustomed to speaking on
behalf of the child, it is critical that they not influence the statements of the child. If
professional assistance is required (e.g., from a language interpreter or mental health
professional) this should be arranged.
iv) Ideally those providing assistance should not be associated with the child. Thus as far as
possible, avoid using a relative or friend of the child as an interpreter.
v) When preparing for the interview, consult with the adult s in the child‟s world who
understand the nature of his/her disability and are familiar with how the child
communicates. Teachers and other professionals or paraprofessionals who have had
experience in communicating with the child can be an invaluable reso urce to the
interview team. This may include speech/language pathologists, educational
psychologists, counsel lors, teachers, clinical psychologists, social workers, nurses, child
and adolescent psychiatrists, paediatricians, etc.
vi) Speak directly to a child with special needs, even when interpreters, intermediaries, or
guardians are present. Assess the child‟s level of ability and need for assistance during the
interview process.
vii) Note that not all children who are deaf or hard -of-hearing understand sign language or
can read lips. Not all blind persons can read Braille. Be aware that a child with sensory
disabilities may prefer communicating through an intermediary who is familiar w ith
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his/her patterns of speech. Ideally, this would be someone not associated with the child,
but in some cases this may be necessary.
viii) The child may experience difficulty with the concept of time, such as the concept of
before and after, and being able to sequence events. The child may not be able to
accurately define when something happened. It may be helpful to link events with major
activities in the child‟s life, school events, or routines such as mealtimes.
ix) Allow extra time for the interpreter to transfer the complete message to the child and for
the child to form answers.
x) Recognize that the child may have also some degree of cognitive disability: mental
retardation, mental illness, developmental disabilities, traumatic brain injury, etc. Note
however that not all developmental disabilities affect cognitive ability (e.g., cerebral palsy
may result in physical rather than mental impairment). Be aware that a child with
cognitive disabilities may be easily distracted and have difficulty focusing. Speak t o the
child in a clear, calm voice and ask very specific, concrete questions. Be exact when
explaining what will happen during the medical examination process and why.
xi) Keep in mind that children with special needs may be reluctant to report the crime or
consent to the examination for fear of losing their independence. For example, they may
have to enter a long -term care facility if their caretakers assaulted them or may need
extended hospitalization to treat and allow injuries to heal.
xii) While a child‟s special need may have resulted in him being more vulnerable to abuse, it
is important to listen to his/her concerns about the assault and what the experience was
like for them, and not focus on the role of his/her special need.
xiii) Assure the child that it is not his/her fault that he was sexually assaulted. If needed,
encourage discussion in a counselling/advocacy setting if he/she is concerned about
their safety in the future.
3. Procedures when interviewing parents/caregivers:
i) Inform parents/caregivers in an open and honest way of existing concerns and reports
about their child or children;
ii) Explain how information about the case has been, and will be, obtained;
iii) Identify the professionals who have been contacted so far;
iv) Invite the parents/caregivers to give an explanation of their view of the concern;
v) Show a willingness to consider different interpretations of the concern;
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vi) Ensure that the parents/caregivers are fully aware of the way that information is going to
be assessed and evaluated, and what expectations are held of them about the way they
care for and protect their children;
vii) Explain the legal context in which the concern is being investigated;
viii) If the concern arose from an incident perpetrated by one of the child's
parents/caregivers, the worker should try to gain the support and cooperation of the
other parent/caregiver to facilitate ongoing protection of the child;
ix) A child should never be asked to discuss the possible abuse in front of an accused or
suspected parent.
If it is considered necessary by CWC to remove a child from his /her parents/caregivers or their
homes, then the following must be considered:2
i) In the first instance, all possible efforts should be made to place the child in a situation
that is familiar, preferably with family or friends
ii) As far as possible, the timing of the move should be sensitively handled.
iii) The child's parents/caregivers should be informed of the action proposed, unless doing
so would endanger the child or jeopardise the placement process.
iv) The child should be informed of the proposed action if he or she has not been involved
in the decision.
v) The child's parents/caregivers should be informed of the child's location, unless
otherwise directed by the Court.
vi) The child's parents/caregivers should be advised about and assisted in obtaining legal
advice.
4. Best practice principles for the use of interpreters
Interpreters may be needed during both the investigation and trial of cases of child sexual
abuse. They may be needed for witnesses and for parties who speak a language different from
that of the Court in that State, or for witnesses and parties who have s peech or hearing
impairments or other communication difficulties.
2 Rule 4(5) and (6) of POCSO Rules, 2012 state that prior to making a determination as to whether the child needs
to be taken out of the custody of his/her family or shared household, the inquiry should be conducted in a manner
that does not unnecessarily expose the child to injury or inconvenience. Hence, these considerations would help
ascertain the same.
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The police or SJPU may contact the District Child Protection Unit (DCPU), whose
responsibility it is under the POCSO Act and Rules, 2012 to provide interpreters, translators,
etc. Where an interpreter is not available, a non-professional may be asked to interpret for the
child; however, in these cases, it must be ensured that there is no conflict of interest. For
example, where there is an allegation of child sexual abuse against the child‟s father, the
mother should not be asked to interpret.
i) Promote acce ss to interpreter services in order to facilitate the best possible
communication with the child, to ensure everything is fully explained and that there is no
room for misinterpretation.
ii) Be clear with the interpreter about roles and responsibilities in the process of engagement
with the family. Interpreters need to understand that their role is to translate direct
communications between the police or support person etc. and the family members, not to
talk on either party‟s behalf or act as the family‟s representative.
iii) Services must be planned ahead where possible to meet the child‟s needs.
iv) Interpreter should declare that there is no prior acquaintance or relationship with the
victim/witness
v) Maintain high quality, timely, precise records along with supporting documents; as far as
possible, this should be a verbatim record of the communication.
vi) There should be a record of a child‟s interpreter needs, including language and dialect, and
whether the interpreter is required for oral and written communication. Whe re an
interpreter is offered but declined by the child, this should also be recorded.
vii) Promote qualified interpreters who can work in partnership in the best interests of the
child.
viii) Interpreters should be subject to references and background checks and must sign a
written agreement regarding confidentiality.
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Chapter 4
Medical and Health Professionals
(Doctors and supporting medical staff)
1. Relevant Legal Provisions in the Act and Rules and related laws:
Section 27 – Medical Examination:
27. (1) The medical examination of a child in respect of whom any offence has been committed under this Act,
shall, notwithstanding that a First Information Report or complaint has not been registered for the offences
under this Act, be conducted in accordance with section 164A of the Code of Criminal Procedure, 1973.
(2) In case the victim is a girl child, the medical examination shall be conducted by a woman doctor.
(3) The medical examination shall be conducted in the presence of the parent of the child or any other person in
whom the child reposes trust or confidence.
(4) Where, in case the parent of the child or other person referred to in sub -section (3) cannot be present, for
any reason, during the medical examination of the child, the medical examinati on shall be conducted in the
presence of a woman nominated by the heaExcerpt shown. Open the full act in Lexace.