Police officers dealing child abuse cases need to be trained with special skills to investigate complex crimes involving the most vulnerable people, especially children.

In a speech, organised by Caritas India partner Anugyalaya Darjeeling Diocesan Social Service Society (ADDSSS) at Gorubathan Police Station, Pranay Rai, Special Public Prosecutor in Darjeeling District POCSO Court shared about famous Nirbhaya gang rape case of a physiotherapist intern, a 23-year-old woman in South Delhi.

He said, after that case, India realized that our IPC is of 1860 and there should be amended according to Section 354 which says, ‘Assault or criminal force to woman to intent to outrage her modesty’. Following a girl by a boy is also a crime. 370 trafficking, 375 Rape Constitution ma 15 (3) Fundamental right – State is given ample power for provisions for children care and protection.

Sharing about the United Nations Convention on the Rights of the Child (UNCRC) held at San Francisco in 1992, he said India participated as a member of the UNCRC. After twenty years, Protection of Children from Sexual Offences (POCSO) Act came into the force on November 14, 2012.  India is always waiting for something to happen and then only India reacts. In POCSO Act Section 154-175 the police have the power for investigation.

Sharing about the First Information Report (FIR), Pranay said, FIR should be lodged and if there is any delay the complainant should write the FIR directly. According to the law, FIR should be lodged within 24hours of the incident otherwise questions can be arising in the court. He suggested to maintain a Case Diary by the Officer-in-Charge/Investigating Officer.

“Victim and the witness can record the statement at his or her residence or a place of choice but a Lady Officer (not below the post of Sub-Inspector) should be present in civil dress and the identity of the child should be kept confidential according to Article 21 (Right to confidentiality) and it should be done in a friendly manner,” said Pranay.

If a child dies during giving her/his statement under the Article 32 this will be accepted as a dying declaration but the Investigation Officer must write the circumstances why the doctor or the magistrate was not available then. As per Article 164 Section 25 & 26, the child must be accompanied by his/her mother/father or a guardian whom he/she trusts when taken to the Magistrate. This is mandatory.

In case of communication issues, a notice should be issued by the Investigating officer to the interpreter to assist him or her in the case and this should also be present in the case diary. In case of a special child (Child with different ability) like speech impairment, the mother of the child who understands the language or a professional who understands sign language should be kept as an interpreter.

According to Article 164 A, the victim must be examined by a female doctor in a hospital, if not available by a registered medical practitioner, even from a private clinic.  The medical examination must be done within 24 hours of the incident, the clothes that the victim was wearing must not be changed and the victim must not bathe because the evidence might fade away if done so.

“The consent of the minor is not consenting” in the court. The consent of the mother or the guardian is important for the medical exam. According to Section 35 of POCSO, act Rape Investigation must be completed within 30 days and charge sheet should be submitted by the Investigation Officer.

He said the accused must go through a capability test. Showing of any kind of pornographic images to a minor is an offence according to POCSO. If the accused is not arrested or does not surrender then a warrant is issued against him/her. And even does not appear in the court after the warrant has been issued then Proclamation of Attachment will be filed.

Sub Divisional Police Officer, M. Rehman thanked the resource person for conducting such session which upgrades the knowledge of the police officer. He said Police officers are very busy in their duty so in between such session will enhance their capacity. He also appreciated the effort of Anugyalaya in partnering with the police department to organise the session. He further addressed the officer that proper care and attention should be given to POCSO cases, our negligence and ignorance should not be the reason of injustice to the child.