The Arunachal Pradesh Gazette
EXTRAORDINARY
PUBLISHED BY AUTHORITY
No. 147, Vol. XXXIII, Naharlagun, Thursday, June 11, 2026, Jyaistha 21, 1948 (Saka)
GOVERNMENT OF ARUNACHAL PRADESH
DEPARTMENT OF WOMEN AND CHILD DEVELOPMENT
ITANAGAR
————
NOTIFICATION
The 12th December, 2025
No. DWCD-32018/5/2024.— Consequent upon the decision of the State Cabinet vide No. CAB/M-10/6/2025
dated 21st July, 2025 and in exercise of powers conferred under Protection of Children from sexual Offences
(POCSO) Act, 2012, the Governor of Arunachal Pradesh is pleased to adopt the Model Guidelines with
respect to Support person under Section 39 of POCSO Act, 2012 framed by the National Commission
for Protection of Child Rights (NCPCR) (with necessary modification which are appropriate in the
context of Arunachal Pradesh) in providing emotional, psychological and legal assistance to children
during what can be a challenging and traumatic process.
These guidelines shall come into force from the date of publication in the Official Gazette.
Mimum Tayeng, IAS
Commissioner,
Women and Child Development Department,
Government of Arunachal Pradesh,
Itanagar.
2 The Arunachal Pradesh Extraordinary Gazette, June 11, 2026
CHAPTER-1
INTRODUCTION
1.1 An Over view 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 there under.
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 safe guarding 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 child as any person below eighteen years of age, and defines different forms 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 traffic
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 protection 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
hours of receiving the report, so that the CWC may then proceed where required to make further
arrangements for the safety and security of the child.
The said Act makes provisions for the medical examination of the child in a manner designed to
cause as little distress 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 a 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 professional 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 court room. 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 recognizes 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 assistance 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 Act 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 organizations, 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 Government, based on which the State Governments can then frame more extensive and specific
guidelines as per the specific needs.
Multi-sectoral approach
Children who have been sexually abused are not only traumatized as a result of their experience,
but are also more vulnerable to further and repeated abuse and at risk of secondary victimization at the
hands of the justice delivery process. A common example 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 deal and communicate with victim children and their families. The lack of clear guidelines and
The Arunachal Pradesh Extraordinary Gazette, June 11, 2026 3
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
there by suffer in the re-telling. Another instance is that of child victims not receiving proper medical
support and counseling, 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 legalaid 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 break
downs and social isolation if the offender is a relative and/or the bread winner 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, minimize 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 traum abutal so to
ensure that he is not revictimized 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 coordinated response of
all the key players, which include the police, prosecution, courts,medical institutions, psychologists and
counselors, as well as institutions that provide social services to the children.The protection of children
from violence and abuse thus requires 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 inter-agency mechanisms that child victims face in the legal and social service process.
It will provide a framework 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, including
assistance with police and court proceedings, arrangements for emergency shelter for children,
arrangements for counseling, 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 that 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 objective 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.
CHAPTER - 2
PRINCIPLES UNDER POCSO ACT, 2012
The fundamental guiding principles are as laid down in various international instruments and in the
Preamble to the POCSO Act, 2012. All the State Governments, the Child Welfare Committee, the Police,
the Special Courts, all other Government functionaries as well as Non-Government Organizations, all
professionals and experts assisting the child at the trial and pre-trial stages are bound to abide by these
principles.
These principles as laiddown under the POCSO Act, 2012 are:-
(a)
Right to life and survival - Every child has the right to life and survival and to be shielded from
any form of hardship, 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 such cases where a child is traumatized and is a victim to
an offence, it is necessary that every steps hould 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 protection and to a chance for harmonious development.
Protecting the child’s best interests means not only protecting the child from re-victimization and hardship
while involved in the justice process as victim or witness, but also enhancing the child’s capacity to
contribute to that process.
(c)
The right to be treated with dignity and compassion-Child victims should be treated with
utmost care and in a sensitive manner throughout the judicial 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
4 The Arunachal Pradesh Extraordinary Gazette, June 11, 2026
needed and information shared on a need-to-know basis. Efforts should also be made to reduce/ avoid
further hardship to the child throughout by maintaining a child-friendly environment. All interactions
should also take place inalanguage 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 back ground,
caste and socio-economic condition, as well as to the special needs of the child, including health,
abilities and capacities. Professional so 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 victimization as adults because they often are or are 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 references and a criminal background assessment before hiring personnel likely to work with
children, such as school teachers
(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 general 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.
(g)
The right to be heard and to express views and concerns– Every child as 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
certainel ements or facts are orare 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/
herstory, 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, social and educational
services, physical and psychological recovery services and other services necessary for the child’s
healing,as wellas for justice and reintegration.
(i)
The right to privacy–The child’s privacy and identity must be protected at all stages 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 cause 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 leading to re-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 secondly, by restricting the attendance of the general public or non-essential persons in
courtrooms.
(J)
The right to justice- 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, or awaiting trial or while testifying in court. The judicial process is a very stressful one for
the child; 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 in timidation, 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 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 enforcingreparation 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.
The Arunachal Pradesh Extraordinary Gazette, June 11, 2026 5
1 As per Sec 33(8) of POCSO Act, 2012 and Rule7(3) of POCSO Rules, 2020 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, 2020, the compensation is to paid by State Government from
the Victims Compensation Fund or other scheme or fund established by it under BNSS, 2023
or any other law for time being in force and the absence of such fund or scheme, by the State
Government.
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 on. Interviewing of children’s 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 guidelines 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 gathering 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;
(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 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 to 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”).
6 The Arunachal Pradesh Extraordinary Gazette, June 11, 2026
(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.
(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
somebody 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 everything about refer back to child’s statement. Start with the
first thing that happened and 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 is someone who is
familiar to the child (e.g., a relative or teacher). Although 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 thirsty, 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 behavior unnecessarily during the interview. It can be helpful to
direct the child's attention 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 behavior 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.
The Arunachal Pradesh Extraordinary Gazette, June 11, 2026 7
(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 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 should 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 should be used with care. They are discretionary for older
children.
(xxxiv) Story books, 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 interviews 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 behavior or statements.
(iii)
In some 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 of 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 children 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 with 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 adults 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 resource to the interview team. This may include speech/language pathologists,
educational psychologists, counsellors, teachers, clinical psychologists, social workers, nurses,
child and adolescent psychiatrists, pediatricians, etc.
8 The Arunachal Pradesh Extraordinary Gazette, June 11, 2026
(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 with 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 to 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;
(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; and
(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 considered2 :
(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 jeopardize 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.
2 Rule 4 (5) and (6) of POCSO Rules, 2012 states 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.
The Arunachal Pradesh Extraordinary Gazette, June 11, 2026 9
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 speech or hearing impairments or other communication difficulties.
The police or Special Juvenile Police Unit 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 access 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. Where 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.
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 of POCSO Act, 2012 - Medical Examination :
Sec 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 184 of the
BNSS, 2023.
(1) In case the victim is a girl child, the medical examination shall be conducted by a woman
doctor.
(2) 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.
(3) Where, in case the parent of the child or other person referred to in sub-sec (3) cannot be
present, for any reason, during the medical examination of the child, the medical examination
shall be conducted in the presence of a woman nominated by the head of the medical institution.
Rule 5 of POCSO Rules, 2020 - Emergency Medical Care :
Rule 5 (1) Where an officer of the SJPU, or the local police receives information under sec 19 of
the Act that an offence under the Act has been committed, and is satisfied that the child against
whom an offence has been committed is in need of urgent medical care and protection, he shall, as
soon as possible, but not later than 24 hours of receiving such information, arrange to take such
child to the nearest hospital or medical care facility center for emergency medical care:
Provided that where an offence has been committed under Sections 3, 5, 7 or 9 of the Act, the
victim shall be referred to emergency medical care.
(2) Emergency medical care shall be rendered in such a manner as to protect the privacy of the
child and in the presence of the parent or guardian or any other person in whom the child
has trust and confidence
(3) No medical practitioner, hospital or other medical facility center rendering emergency
medical care to a child shall demand any legal or magisterial requisition or other
documentation as a pre-requisite to rendering such care.
(4)
The registered medical practitioner rendering emergency medical care shall attend to the
needs of the child, including-
10 The Arunachal Pradesh Extraordinary Gazette, June 11, 2026
(i) treatment for cuts, bruises and other injuries including genital injuries, if any;
(ii)
treatment for exposure to sexually transmitted diseases (STDs including prophylaxis for
identified STDs);
(iii) treatment for exposure to Human Immunodeficiency Virus (HIV), including prophylaxis for
HIV after necessary consultation with infectious disease experts;
(iv)
possible pregnancy and emergency contraceptives should be discussed with the pubertal
child and her parent or any other person in whom the child has trust and confidence; and,
(v) wherever necessary, a referral or consultation for mental or psychological health or other
counselling should be made.
(5)
Any forensic evidence collected in the course of rendering emergency medical care must be
collected in accordance with Section 27 of the Act.
Thus, doctors and support medical staff are involved both at the time of rendering emergency
medical care as well as at the time of medical examination.
2. Emergency Medical Care :
The child may be brought to the hospital for emergency medical care as soon as the police
receive a report of the commission of an offence against the child. In such cases, the rules under the
POCSO Act, 2012 prescribe that the child is to be taken to the nearest hospital or medical care facility.
This may be a government facility or a private one.
This is reiterated by Section 184 of the BNSS, 2023. This Section provides that all hospitals are
required to provide first-aid or medical treatment free of cost to the victims of a sexual offence.
2.1
Medical examination :
Medical examination is to be conducted as per the provisions of Section 27 of the POCSO
Act, 2012 and Section 184 of the BNSS, 2023 which states:
(1)
Where, during the stage when an offence of committing rape or attempt to commit rape is under
investigation, it is proposed to get the person of the woman with whom rape is alleged or attempted
to have been committed or attempted, examined by a medical expert, such examination shall be
conducted by a registered medical practitioner employed in a hospital run by the Government or
a local authority and in the absence of a such a practitioner, by any other registered medical
practitioner, with the consent of such woman or of a person competent to give such consent on
her behalf and such woman shall be sent to such registered medical practitioner within twenty-
four hours from the time of receiving the information relating to the commission of such offence.
(2)
The registered medical practitioner, to whom such woman is sent shall, without delay, examine
her and prepare a report of her examination giving the following particulars, namely:
(i)
the name and address of the woman and of the person by whom she was brought;
(ii) the age of the woman;
(iii) the description of material taken from the person of the woman for DNA profiling;
(iv) marks of injury, if any, on the person of the woman;
(v) general mental condition of the woman; and
(vi) other material particulars in reasonable detail.
(3)
The report shall state precisely the reasons for each conclusion arrived at.
(4)
The report shall specifically record that the consent of the woman or of the person competent to
give such consent on her behalf to such examination had been obtained.
(5)
The exact time of commencement and completion of the examination shall also be noted in the
report.
(6)
The registered medical practitioner shall, without delay forward the report to the investigation
officer who shall forward it to the Magistrate referred to in section 173 as part of the documents
referred to in clause (a) of sub- section (4) of that Section.
(7)
Nothing in this Section shall be construed as rendering lawful any examination without the consent
of the woman or of any person competent to give such consent on her behalf. In the above legal
provision, the term” woman" may be substituted by the term “child”, and applied in the context of
the POCSO Act, 2012.
2.2
Compensation for Medical Expenses :
Section 33(8) of the POCSO Act, 2012 provides -
“In appropriate cases, the Special Court may, in addition to the punishment, direct payment of
such compensation as may be prescribed to the child for any physical or mental trauma caused to him
or for immediate rehabilitation of such child.”
The Arunachal Pradesh Extraordinary Gazette, June 11, 2026 11
Rule 7 of POCSO Rules, 2020 provides further details in relation to the payment of this
compensation. It specifies that the Special Court may order that the compensation be paid not only at
the end of the trial, but also on an interim basis, to meet the immediate needs of the child for relief or
rehabilitation at any stage after registration of the First Information Report [Rule 7(1)]. This could
include any immediate medical needs that the child may have. Further, Rule 7(3) provides that the
criteria to be taken into account while fixing the amount of compensation to be paid include the
severity of the mental or physical harm or injury suffered by the child; the expenditure incurred or likely
to be incurred on his/her medical treatment for physical and/or mental health; and any disability suffered
by the child as a result of the offence. Hence, the child may recover the expenses incurred on his/her
treatment in this way.
3.
Modalities of Medical Examination of Children:
3.1 Role of Medical Professionals in the context of the POCSO Act, 2012
Doctors have a dual role to play in terms of the POCSO Act, 2012. They are in a position to
detect that a child has been or is being abused (for example, if they come across a child with an STD);
they are also often the first point of reference in confirming that a child has indeed been the victim of
sexual abuse.
The role of the doctor may include:
(i)
Having an in-depth understanding of sexual victimization;
(ii)
Obtaining a medical history of the child's experience in a facilitating, non- judgmental and
empathetic manner;
(iii)
Meticulously documenting historical details;
(iv)
Conducting a detailed examination to diagnose acute and chronic residual trauma and STDs,
and to collect forensic evidence;
(v)
Considering a differential diagnosis of behavioural complaints and physical signs that may mimic
sexual abuse;
(vi)
Obtaining photographic/video documentation of all diagnostic findings that appear to be residual
to abuse;
(vii) Formulating a complete and thorough medical report with diagnosis and recommendations for
treatment; and
(viii) Testifying in court when required.
There are at least three different circumstances when there is no direct allegation but when the
doctor may consider the diagnosis of sexual abuse and have to ask questions of the parent and child.
These include but are not limited to:
(i)
when a child has a complaint that might be directly related to the possibility of sexual abuse,
such as a girl with a vaginal discharge;
(ii) when a child has a complaint that is not directly related to the possibility of sexual abuse, such
as abdominal pain or encopresis (soiling);
(iii) when a child has no complaint but an incidental finding, such as an enlarged hymenal ring,
makes the doctor suspicious.
3.2
Mandatory Reporting : When a doctor has reason to suspect that a child has been or is being
sexually abused, he/she is required to report this to the appropriate authorities (i.e., the police or the
relevant person within his/her organization who will then have to report it to the police). Failure to do this
would result in imprisonment of up to six months, with or without fine.
3.3 Medical or Health History : The purpose of this is to find out why the child is being brought for health
care at the present time and to obtain information about the child's physical or emotional symptoms. It
also provides the basis for developing a medical diagnostic impression before a physical examination
is conducted. The medical history may involve information about the alleged abuse, but only in so far
as it relates to health problems or symptoms that have resulted therefrom, such as bleeding at the time
of the assault, or constipation or insomnia since that time.
3 Section 21, Protection of Children from Sexual Offences Act, 2012.
Where a child is brought to a doctor for a medical examination to confirm sexual abuse, the doctor
must:
(i)
Take the written consent of the child. The three main elements of consent are information,
comprehension and voluntariness. The child and his/her family should be given information about
the medical examination process and what is involved therein, so that they can choose whether or
not to participate. Secondly, they should be allowed enough time to understand the information
and to ask questions so that they can clarify their doubts. Lastly, the child and/or his or her
parent/ guardian should agree to the examination voluntarily, without feeling pressurized to do so.
In some situations, it may be appropriate to spend time with the child/adolescent alone, without
the parent/guardian present. This may make it easier for the child to ask questions and not feel
coerced by a parent/ guardian.
12 The Arunachal Pradesh Extraordinary Gazette, June 11, 2026
(ii)
Where the child is too young or otherwise incapable of giving consent, consent should be obtained
from the child's parent, guardian or other person in whom the child has trust and confidence.
(iii)
The right to informed consent implies the right to informed refusal.
(iv)
To be able to give informed consent, the child and his/ her parents/ guardian need to understand that
health care professionals may have a legal obligation to report the case and to disclose information
received during the course of the consultation to the authorities even in the absence of consent.
(v)
Document who was present during the conversation with the child.
(vi) Document questions asked and child's answers in the child's own words.
(vii)
Conduct the examination in a sensitive manner. It is important that the exam is never painful. The
exam should be done in a manner that is least disturbing to the child.
(viii) Focus on asking simply worded, open-ended, non-leading questions, such as the “what, when,
where, and how” questions, which are important to the medical evaluation of suspected child sexual
abuse.
(ix)
Reliance should be placed as far as possible on such questioning as “tell me more” followed by ‘and
then what happened?”
(x)
Do not ask uncomfortable questions related to details of the abuse, but try to find out more about the
medical and family history of the child.
(xi)
Using the child's words for body parts may make the child more comfortable with difficult conversations
about sexual activities.
(xii)
Using drawings may also help children describe where they may have been touched and with what
they were touched.
(xiii)
Ensure that the child has adequate privacy while the examination is being conducted.
(xiv)
Do not conduct the examination in a labour room or other place that may cause additional trauma to
the child.
(xv)
Always ensure patient privacy. Be sensitive to the child's feelings of vulnerability and embarrassment
and stop the examination if the child indicates discomfort or withdraws permission to continue.
(xvi)
Always prepare the child by explaining the examination and showing equipment; this has been
shown to diminish fears and anxiety. Encourage the child to ask questions about the examination.
(xvii) If the child is old enough, and it is deemed appropriate, ask whom they would like in the room for
support during the examination. Some older children may choose a trusted adult to be present.
Sexual abuse of children is usually not physically violent. In the large majority of children, the
physical exam is normal. A normal or non- specific exam does not rule out sexual abuse.
(xviii) As a minimum, the medical history should cover any known health problems (including allergies),
immunization status and medications. In terms of obtaining information about the child's general
health status, useful questions to ask would be:
(a) Tell me about your general health.
(b) Have you seen a nurse or doctor lately ?
(c) Have you been diagnosed with any illnesses ?
(d) Have you had any operations ?
(xix)
Carefully collect and preserve forensic evidence.
(xx)
Clothing collection is critical when evidence is collected. Clothing, especially underwear, is the
most likely positive site for evidentiary DNA.
(xxi)
Scene investigation, including collection of linens and clothing should be done early. Evidence from
clothing and other objects is more likely to be positive than evidence from the patient's body.
(xxii)
Children often report weeks or months after the abuse event and physical injuries to the genital or
anal regions usually heal within a few days. This is why the medical provider should always consider
differential diagnosis and alternative explanations for physical signs and symptoms.
(xxiii) In the case of a child with special needs, ensure that the procedures are explained to the child in
a manner which he/she understands and that he/she is asked what help he/she requires, if any
(e.g., a child with physical disabilities may need help to get on and off the medical examination
table or to assume positions necessary for the examination). However, do not assume that the child
will need special aid. Also, ask for permission before proceeding to help the child.
(xxiv) Recognize that it may be the first time the child is having an internal examination. The child may
have very limited knowledge of reproductive health issues and not be able to describe what happened
to them. He/ She may not know how he/she feels about the incident or even identify that a crime
was committed against him/ her.
The Arunachal Pradesh Extraordinary Gazette, June 11, 2026 13
(xxv) Wherever necessary, refer the child for counselling.
(xxvi) Wherever applicable, refer the child for testing for HIV and other Sexually Transmitted Diseases.
3.4 If the Child resists the Examination :
(i)
If a child of any age refuses the genital-anal examination, it is a clinical judgment of how to proceed.
A rule of thumb is that the physical exam should not cause any trauma to the child. It may be wise
to defer the examination under these circumstances.
(ii)
It may be possible to address some of the child's fears and anxieties (e.g. a fear of needles) or
potential sources of unease (e.g. the sex of the examining health worker). Further, utmost comfort
and care for the child should be provided e.g.,examining very small children while on their mother's
(or caregiver’s) lap or lying with her on a couch.
(iii)
If the child still refuses, the examination may need to be deferred or even abandoned. Never force
the examination, especially if there are no reported symptoms or injuries, because findings will be
minimal and this coercion may represent yet another assault to the child.
(iv) The child should not be held down or restrained for the examination (exception for infants or very
young toddlers).
3.4.1 Techniques to help the child relax :
(i)
Offer clear age-appropriate explanations for the reasons for each procedure and offer the child
some control over the exam process.
(ii) Proceed slowly, explain each step-in advance.
(iii) Use curtains to protect privacy, if the child wishes.
(iv) Explain to parent or support person that their job is to talk to and distract the child and the findings
of the exam will be discussed with them after the exam is completed.
(v)
Position the parent near the child's head.
(vi) Use distracters. For example, ask the parent to sing a song, or tell a familiar story, or read a book
to the child. A nurse or other helper can do this if the parent is unable.
(vii) Use TV, cell phone game, or other visual distraction
(viii) Do not forcibly restrain the child for the examination
3.5 Sedation for Medical Treatment :
(i)
Sedation is rarely needed if the child is informed about what will happen and there is adequate
parental support for the child.
(ii)
Consider sedation or a general anesthetic only if the child refuses the examination and conditions
requiring medical attention, such as bleeding or a foreign body, are suspected.
(iii)
If it is known that the abuse was drug-assisted, the child needs to be told that he/she will be given
a sedative or be put to sleep, that this may feel similar to what he/ she has experienced in the
past.
(iv)
Reassure the child about what will take place during the time under sedation and that he/ she will
be informed of the finding.
(v)
However, conscious sedation is an option if examination and evidence collection is required and
the child is not able to cooperate.
(vi)
Speculum exam on a pre-pubertal girl should be done under anesthesia, not conscious sedation.
3.6 The following pieces of information are essential to the medical history :
(i)
Last occurrence of alleged abuse (younger children may be unable to answer this precisely) When
do you say this happened.?
(ii)
First time the alleged abuse occurred. When is the first time you remember this happening?
(iii) Threats that were made.
(iv)
Nature of the assault, e.g. anal, vaginal and/or oral penetration. What area of your body did you
say was touched or hurt? (The child may not know the site of penetration but may be able to
indicate by pointing. This is an indication to examine both genital and anal regions in all cases.)
(v)
Whether or not the child noticed any injuries or complained of pain
(vi)
Vaginal or anal pain, bleeding and/or discharge following the event. Do you have any pain in your
bottom or genital area? Is there any blood in your panties or in the toilet? (Use whatever term is
culturally acceptable or commonly used for these parts of the anatomy.)
14 The Arunachal Pradesh Extraordinary Gazette, June 11, 2026
(vii) Any difficulty or pain with voiding or defecating. Does it hurt when you go to the bathroom?
(Indication to examine both genital and anal regions in all cases.)
(viii) Any urinary or fecal incontinence.
(ix)
Whether or not the child noticed any injuries or complained
(x)
In case of children, illustrative books, body charts or a doll can be used if available, to elicit the
history of the assault. When it is difficult to elicit history from a child, please call an expert.
3.7 When performing the head-to-toe examination of children, the following points are particularly
noteworthy :
(i)
Record the height and weight of the child (neglect may co-exist with sexual abuse). Note any
bruises, burns, scars or rashes on the skin. Carefully describe the size, location, pattern and
colour of any such injuries.
(ii)
Check for any signs that force and/or restraints were used, particularly around the neck and in the
extremities.
(iii)
Record the child's sexual development stage and check the breasts for signs of injury.
(iv) If the survivor is menstruating at the time of examination, then a second examination is required on
a later date in order to record the injuries clearly.
(v)
Some amount of evidence is lost because of menstruation. Hence it is important to record whether
the survivor was menstruating at the time of assault/ examination.
(vi) The same applies to bathing, douching, defecating, urinating and use of spermicide after the
assault.
3.8
Role of medical professionals as expert witnesses.
Deciding cases of child sexual abuse would be much easier if it left clear-cut physical evidence.
Unfortunately, child sexual abuse often leaves no such evidence. Child sexual abuse is often exceedingly
difficult to prove. It usually occurs in secret, often over a prolonged period of time, and does not always
leave physical marks; in addition to this, the child is usually the only eyewitness. While many children
are capable witnesses, some cannot give conclusive testimony and consequently, children’s testimony
is sometimes ineffective. In such cases, the testimony of an expert medical witness can be useful.
Physicians can provide opinion testimony that is based upon the child’s history, statements and
medical examination, even if the physician's examination of the child reveals no concrete physical evidence
supportive of the child's allegations.
(i)
Courts in India in their judgments described an expert as a person who has acquired special
knowledge, skill or experience in any art, trade or profession. Experts have knowledge, skill,
experience, or training concerning a particular subject matter that is generally beyond the
knowledge of the average person. Such knowledge may have been obtained by practice,
observation or careful study. The expert thus operates in a field beyond the range of common
knowledge.
(ii)
Expert evidence is covered under Sections 39(1) - 45 of BSA 2023. The subjects of expert
testimony mentioned by the Section are foreign law, science, art and the identity of handwriting
or finger impressions.
(iii)
In general, whether or not the testimony of an expert will be useful in any given case is almost
always left to the discretion of the trial judge before whom the testimony is proffered. However,even
where the court has some degree of knowledge or familiarity with the subject, an expert's
testimony may be valuable to add insight and depth its understanding of the matter, or to
educate them as to commonly held prejudices and misconceptions which might negatively
impact upon an impartial and just decision.
(iv)
In general, the opinions of medical professionals are admissible upon questions such as insanity,
the causes of diseases, the nature of the injuries, the weapons which might have been used to
cause injuries or death, medicines, poisons, the
(v)
conditions of gestation, etc. In the case of questions pertaining to age determination, positive
evidence furnished by birth register, by members of the family, with regard to the age, will have
preference over the opinion of the doctor: but, if the evidence is wholly unsatisfactory and if the
ossification test in the case is complete, such a test can be accepted as a surer ground for
determination of age.
(vi)
In their testimony regarding a forensic examination, medical professionals typically describe the
process of examining the victim, the physical findings that were observed, and their interpretation.
It is important to remember that the medical professional cannot be asked to testify to “diagnose’
sexual abuse. The doctor cannot make any definitive conclusions regarding the degree of force
used by the abuser or whether the victim consented to any sexual activity. What he/she can
appropriately conclude is whether there is evidence of sexual contact and/or recent trauma. He/
she can state whether the medical history and examination are consistent with sexual abuse.
The Arunachal Pradesh Extraordinary Gazette, June 11, 2026 15
(vii) In many child abuse cases, experts have firsthand knowledge of the child because the expert
treated or examined the child. However, an expert may be called upon to render an opinion
concerning a child without personally examining the child.
(viii) However, it is important to remember that doctors are rarely expert in interviewing, and often
assume the truth of what the patient tells them. The testimony is presented as if the doctor's
opinion is based on physical findings when it is not. It is often largely or wholly based on
statements made, a far different and less scientific basis than objective findings upon examination.
(ix)
In addition to this, opinions may be sought from mental health experts as to the psychological
effects of child sexual abuse, such as PTSD and Child Sexual Abuse Accommodation Syndrome.
(x)
It is for the legal representative who proposes the use of expert testimony to establish his/her
credentials, preferably listing his/her formal qualifications. The adequacy of the qualification of
the expert and the admissibility of his/her testimony are within the discretion of the Special
Court.
(xi)
Before giving evidence, the expert will usually have prepared a report, either assessing one or
more parties to the case or assessing other experts' reports. His/her report should be the basis
of the following criteria:
(a)
It should provide a context in layman's terms from which to understand the basis of his/ her
opinion.
(b)
It should be clear when the expert is stating corroborated fact and when he/she is merely
repeating what he/ she has been told by the alleged offender. Assertions which are based
entirely on the alleged offender's perception are likely to be misleading.
(c)
The expert must review the information impartially rather than ignore matters which are
inconvenient to his/her conclusions.
(d)
The report should avoid restating incidental trivia and give preference to examining and
analyzing the crucial issues of the case.
(e)
The expert should demonstrate knowledge of the process and dynamics of child sexual
abuse and help to make sense of the child's and non- abusing parent's experiences and
perceptions. Victims and non-abusing partners of offenders often do not act rationally and
can appear collusive with the offender, whereas their behaviour results from the control the
offender exercises over them. It is useful to have this explained in the expert report.
(f)
All professions have their exclusive language, but it is best that the expert presents the
issues in language that the court, advocate and parties can understand.
(g)
The expert must not rely solely on quoted research to support his/ her arguments and
should refer to clinical experience as well.
An expert opinion must be premised on a reasonable degree of certainty. The expert cannot
speculate or guess. It is clear, however,that an expert need not be absolutely certain about a subject
before offering an opinion. All that is required is reasonable clinical certainty. It is important to remember
that while an expert's testimony may be deemed relevant, necessary, reliable and therefore admissible
under the aforementioned guidelines, it is ultimately the prerogative of the judge to determine what
weight should be afforded the testimony. No matter how qualified the expert, the court is not bound by
an expert's conclusions and can exercise its discretion in this regard, keeping in mind all the other
evidence presented to it.
1. FAQson medical examination :
Doctors may be faced with some of these questions from children as well as parents and caregivers:
(i)
Why is the medical examination necessary ?.
The medical exam is a very important tool in evaluating sexual abuse. The physical examination can
identify both new and old injuries, detect sexually transmitted diseases and provide evidence of
sexual contact. If done in a sensitive manner, the examination can answer any questions or concerns
the child may have and reassure the child about their well-being and that their body is private. The
exam also has evidentiary value in a court of law.
(ii)
The last time my child was touched in a sexually inappropriate manner was over a year ago. Is the
medical exam still necessary?
Yes. Most children reveal their experience of abuse after a long time has passed, for example, when
they are older or feel that they are no longer in danger of being abused again. Some even reveal it
accidentally. In such cases, the medical examination can reassure the child about their well-being
and address any worried the child may have about the injuries they suffered due to the abuse. Some
children may have injuries that healed a long time ago but can be seen with the help of special
equipment.
16 The Arunachal Pradesh Extraordinary Gazette, June 11, 2026
(iii)
Is the examination uncomfortable for the child?
No. The examination itself is rarely physically uncomfortable for the child; however, what may cause
discomfort is the attitude of the person conducting the examination. For this reason, it is important
that all medical health care professionals be trained in conducting medical examinations of children
in a sensitive manner. The doctor is expected to explain the procedure to the child and his/ her
parents and obtain their consent prior to conducting the examination, as well as answer any questions
they may have.
(iv)
Can the parent(s) be present while the examination is being conducted?
Yes. Section 27 of the new POCSO Act, 2012 specifically requires that the examination be conducted
in the presence of the child's parents/ guardian or other person in whom the child has trust and
confidence.
(v)
Is the medical examination of the child conducted in the same manner as an adult female gynecological
examination?
(vi) Will the doctor/nurse be able to tell if there was penetration?
(vii) How is the examination of a boy different from that of a girl?
(viii) Why can't a family doctor or another doctor known to the child do the examination?
(ix) Will the child be tested for HIV/ STDs?
(x)
Will the doctor/nurse give evidence in court if needed?
(xi) Will the child have to be sedated for the examination?
(xii) Where will the medical examination be conducted?
(xiii) Who will conduct follow-up examinations, in case the child needs treatment for STDs or HIV?
(xiv) What happens after the medical exam, will the child and his/her parents be allowed to see the
report?
(xv) What about the child's mental health needs?
CHAPTER- 5
PSYCHOLOGISTS AND MENTAL HEALTH EXPERTS
1.
Relevant legal provisions in the Act and Rules and related laws :
Rule 4(2)(e) of POCSO Rules, 2020 : Where the Special Juvenile Police Unit or the local police
receives any information under sub-section (1) of Section 19 of the Act, they must inform the child and
his/her parent or guardian or other person in whom the child has trust and confidence of the availability of
support services including counselling and assist them in contacting the persons who are responsible for
providing these services and relief.
Rule 5(4)(v) of POCSO Rules, 2020 : Wherever necessary, a referral or consultation for mental
or psychological health or other counselling should be made by the medical professional rendering
emergency medical care to the child.
Thus, the rules made under the POCSO Act, 2012 provide that the child may be referred for
counselling either by the police or by a doctor.
2.
Counsellors :
2.1 Role of Counsellors
The counsellor's duties will include:
(i)
To understand the child's physical and emotional state;
(ii)
To resolve trauma and foster healing and growth;
(iii)
To hear the child's version of the circumstances leading to the concern;
(iv)
To respond appropriately to the child when in crisis;
(v)
To provide counselling, support and group-based programs to children referred to them;
(vi) To improve and enhance the child’s overall personal and social development and his/ her health
and wellbeing; and
(vii) To facilitate the reintegration of the child into his/her family/ community.
2.2
Who may be appointed as a Counsellor ?
Counselling for children and families at risk is an integral component of the Mission Vatsalya
Scheme. The Mission Vatsalya Scheme envisages the development of a cadre of counsellors to provide
professional counselling services under various components of the scheme.
The Arunachal Pradesh Extraordinary Gazette, June 11, 2026 17
Counselling may be provided under Mission Vatsalya by any of the following :
(i)
Child Helpline Services;
(ii)
Counsellors appointed by the District Child Protection Units, who will report to the Legal-cum-Probation
Officer and will be responsible for providing counselling support to all children and families coming in
contact with the DCPS;and
(iii)
NGOs and other voluntary Sector organizations.
In all cases of penetrative sexual assault and all aggravated cases, arrangements should be made
as far as possible to ensure that the child is provided counselling support. Where a counsellor is not
available within the existing Mission Vatsalya framework, the State Government may secure the
engagement of external counsellors on contract basis.
2.3 Criteria for engagement as Counsellor :
In order to enable the engagement of counsellors from outside the Mission Vatsalya Scheme,
including senior counsellors for the more aggravated cases, the DCPU in each district shall maintain a
list of persons who may be appointed as counsellors to assist the child. These could include mental
health professionals employed by Government or private hospitals and institutions, as well as NGOs and
private practitioners outside the Mission Vatsalya mechanism, chosen on the basis of objective criteria.
As indicative criteria, for any counsellor engaged to provide services to a sexually abused child, a
graduate degree, preferably in Sociology/ Psychology (Child Psychology)/ Social Work is a must. In
addition to this, at least 2 to 3 years of work experience related to providing counselling services to
children in need of care and protection as well as their parents and families and training on handling
cases of child sexual abuse is essential in order to ensure that the child receives counselling from those
qualified for and experienced in providing it.
2.4
Counselling Services under the Mission Vatsalya Scheme : Training of personnel
Counselling can be difficult for children because of the nature of being a child and the difficulty in
relating to an adult, especially an adult that they don't know. Counselling for abused children therefore
requires that the counsellor is trained in the subject and understands how children communicate. The
Mission Vatsalya Scheme therefore provides that only trained professionals provide services (including
counselling) to children.
If untrained persons are holding these posts, the State Government or the Officer-in- charge should
provide for in-service training to them. The State Government may take the help of NIPPCD,National
Institute of Social Defense (NISD),NIMHANS and recognized schools/institutes of social work or expert
bodies/institutions specialized in child related issues for organizing specialized training programmes for
different categories of personnel. The training programmes should include issues relating to child rights,
child psychology, handling children sensitively,counselling, life skills training, dealing with problem
behaviour, child sexual abuse and its impact, child development, trauma, neurobiology, handling disclosure
and basic counselling skills. These training programmes could be arranged as:
(i)
Orientation and training for newly-recruited staff and in- service training for existing staff.
(ii)
Refresher training courses for every staff member at least once in every two years.
(iii) Participation in periodic staff conferences, seminars and workshops with the various other
stakeholders or functionaries of the Juvenile Justice System and the State Government at various
levels.
2.5
Payment to Counsellors :
Counsellors employed by the DCPU are entitled to receive their monthly salaries at the pre-
determined rates. They will be performing their duties in relation to the POCSO Act, 2012 in the scope of
their work and will not receive additional remuneration for this work, except reimbursement of local travel
costs and other miscellaneous expenditure.
Counsellors engaged externally may be remunerated from the Fund constituted by the State
Government under Section 61 of the Juvenile Justice Act, or under any other fund set up by the State
Government for this purpose. The rates for payment shall be as fixed by the DCPU.
2.6
Basic principles of counselling young children :
Sexually abused children are traumatized and vulnerable. They may show certain identifiable
behavioural signs of abuse, but often, these are not immediately obvious and will reveal themselves only
over a period of time. As a counsellor, one must be aware of the signs of sexual abuse. Children often find
it very difficult to disclose sexual abuse, due to the following reasons:
18 The Arunachal Pradesh Extraordinary Gazette, June 11, 2026
3.
Why a child may not disclose abuse :
Reasons include but are not limited to :
(i)
He/she is embarrassed;
(ii)
He/ she does not know if what is happening to them is normal or not;
(iii) He/ she does not have the words to speak out;
(iv) The abuser is a known person and the child does not want to get them in trouble;
(v)
The abuser told the child to keep it a secret;
(vi) The child is afraid that no one will believe him/ her;
(vii) The abuser bribes or threatens the child; and
(viii) He/she thinks you already know.
Being aware of these signs would alert the counsellor to the possibility of sexual abuse.
4.
Indicators :
4.1 Behavioural indicators :
(i)
Abrupt changes in behaviour such as self-harm, talks of suicide or attempt to suicide, poor impulse
control etc.
(ii)
Reluctance to go home.
(iii) Sexualized behaviour or acting out sexually.
(iv) Low self-esteem.
(v)
Wearing many layers of clothing regardless of the weather.
(vi) Recurrent nightmares or disturbed sleep patterns and fear of the dark.
(vii) Regression to more infantile behaviour like bed-wetting, thumb-sucking or excessive crying.
(viii) Poor peer relationships.
(ix) Eating disturbances.
(x)
Negative coping skills, such as substance abuse and/ or self-harm.
(xi) An increase in irritability or temper tantrums.
(xii) Fears of a particular person or object.
(xiii) Aggression towards others.
(xiv) Poor school performance.
(xv) Knowing more about sexual behaviour than is expected of a child of that age:
(a)
child may hate own genitals or demand privacy in an aggressive manner.
(b)
child may think of all relationships in a sexual manner.
(c)
child may dislike being his/her own gender.
(d)
child may use inappropriate language continuously in his or her vocabulary or may use socially
unacceptable slang.
(e)
child may carry out sexualized play (simulating sex with other children).
(f)
unwarranted curiosity towards sexual act like visiting adult sites or watching adult images or
content.
4.2.
Physical Indicators :
(i)
Sexually transmitted diseases;
(ii)
Pregnancy;
(iii)
Complaints of pain or itching in the genital area;
(iv)
Difficulty in walking or sitting;
(v)
Repeated unusual injuries;
(vi)
Pain during elimination; and
(vii) Frequent yeast infections.
5.
Effects of child sexual abuse :
Counsellors have a very important role to play in limiting the short-term and long-term effect of child
sexual abuse. These are as below :
(i) Feeling of powerlessness ;
(ii) Anger;
(iii) Anxiety;
The Arunachal Pradesh Extraordinary Gazette, June 11, 2026 19
(iv) Fear;
(v) Phobias;
(vi) Nightmares;
(vii) Difficulty concentrating;
(viii) Flashbacks of the events;
(ix) Fear of confronting the offender;
(x) Loss of self-esteem and confidence;
(xi) Feelings of guilt.
If childhood sexual abuse is not treated, long-term symptoms can go on through adulthood. These
may include:
(i)
PTSD and anxiety
(ii)
Depression and thoughts of suicide
(iii) Sexual anxiety and disorders, including having too many or unsafe sexual partners
(iv) Difficulty setting safe limits with others (e.g., saying no to people) and relationship problems
(v)
Poor body image and low self-esteem
(vi) Unhealthy behaviours, such as alcohol, drugs, self-harm, or eating problems. These behaviours
are often used to try to hide painful emotions related to the abuse
(vii) Issues in maintaining relationships
6.
The language of the child :
(i)
The first step in counselling a sexually abused child is to establish a trusting relationship with the
child, so that the child can communicate freely with the counsellor. Thus, the counsellor would
need to speak to the child in its own language, taking into account his or her age, maturity and
emotional state.
(ii)
It is important to explain the purpose of counselling to the child and to explain that it will include
discussion about the abuse suffered by the child. This will help the child to be prepared for the
discussion, and prevent him or her from withdrawing when an uncomfortable topic comes up.
(iii)
Allow for free flow of talk without too many intensive questions. Don't begin questioning the child
immediately about his/her problem.
(iv) Try not to be intimidating authoritarian or too patronizing. Don't control the child's conversation -
follow the child's lead.
(v)
Children often lack the vocabulary to discuss sexual acts, and it is important for the counsellor to
be aware of the child's sensitivities and difficulties before talking about sexual issues with him or
her. To gain this insight, all relevant legal, medical and family history of the case should be
collected from the Probation Officer or parents/ guardian.
(vi)
While the police or other investigative agency may have already obtained a disclosure from the child
about the main incident of abuse, the child's sessions with the counsellor may reveal new incidents. It is thus
advisable to get the counsellor involved as early as possible into the pre-trial process.
7. How to respond if the child discloses abuse :
(i)
Believe him or her: The most important thing is to believe the child. Children rarely lie about
abuse; what is more common is a child denying that abuse happened when it did. Tell the child
you believe him/ her.
(ii)
Do not be emotionally overwhelmed: and try to remain composed while talking to the child.
(iii) Do not interrogate the child: It can be traumatic for the child to repeat his/ her story numerous
times. Leave the questioning to the legal and police personnel.
(iv) Reassure the child that the abuse is not their fault. The child's greatest fear is that he or she
is responsible for the abuse. Be sure to make it clear that what happened is not a result of
anything he/ she did or did not do. This is particularly important when the accused person is a
member of the child's family, such as his or her father and the child feels guilty at having put that
person to trouble. Reassure them that prompt and adequate steps will be taken to stop the abuse.
(v) Do not make promises you cannot keep: Do not make promises such as the child will never
have to see the abuser again, that nothing will change, or other such promises.
(vi) Believing and supporting the child are two of the best actions to start the healing process.
Appropriate and helpful responses to disclosures are as follows:
20 The Arunachal Pradesh Extraordinary Gazette, June 11, 2026
(a) “I am glad you told me, thank you for trusting me.”
(b) “You are very brave and did the right thing.”
(c) “It wasn't your fault.”
The counsellor should be aware that the effects of child sexual abuse are long-term and can
change the world view and the course of life of the child. The first step in the healing process is for the
child to talk about the abuse and it is the counsellor's duty to facilitate this; however, the process of
recovery may be long and the child will have other needs that the counsellor can attend to. These
include:
(i)
Rapport building;
(ii)
Working on the feelings of the child;
(iii) Psychological Education on safe and unsafe touches, feelings, thoughts and behaviour, safer
coping techniques;
(iv) Helping the child to understand the abuse was not their fault;
(v) Helping the child to develop of or regain their self- confidence;
(vi) Provide sex education;
(vii) Encourage appropriate social behaviour; and
(viii) Help the child to identify can form a supportive social environment people who around him or her.
The counsellor is therefore a very important tool for the child in rebuilding his or her life after he has
been sexually abused.
8.
Counselling for families :
Having to cope with the abuse of their own child may be the most difficult challenge of a parent’s
life. If the parent(s) can get counselling for themselves through this difficult period, it will also help the
child with his/ her counselling.
8.1 Experience of parents after a child sexual abuse disclosure :
When parents first find out about their children being sexually abused, they will experience a wide
range of feelings. They may experience denial, anger, betrayal, confusion and disbelief. Parents often
tend to blame themselves for not paying attention to their child's behaviours or complaints earlier on.
They may feel that they have failed as parents and they didn't protect their children. For some parents
they may wonder why their children didn't disclose to them directly but to others. Some parents also
become angry at themselves or at their spouses for not supporting the family. In addition to a wide range
of emotional experiences, parents may also experience insomnia, change of appetite or other physical
complaints.
Some parents also feel conflicting emotions, especially if the accused perpetrator is someone
they have trusted, a close friend or a family member. There may be feelings of loyalty and love towards
the offending person as well as towards the victim. Family members may choose sides with some
believing it happened and others refusing to believe it could have. Parents may disagree about how to
handle the situation.
If the offender is the spouse or partner of the parent, what the relationship is like can strongly influence
the parent's actions once he/ she learns of the abuse. If feelings toward the offending spouse/partner are
positive or mixed, decisions about staying together, or to divorce or separate will be more difficult to sort
through.
Parents may be faced with making decisions about whether to continue the relationship with the
offender, how to deal with contact between the offender and the child, and re- establishing trust and
communication in the family.
The feelings a parent has toward the offender may affect a parent's ability to believe in and support
the child. When offenders deny or minimize the abuse or blame the child the situation gets very complicated.
If a parent doesn't believe a child who has been abused and supports the offender, there can be severe
damage to the child. The child will feel betrayed by the parent as well as the offender. What every child
victim needs is to be believed and to know that he or she is not at fault. When the parent is able to
support and stand up for the child, the child has an excellent chance of recovering from the effects of
sexual abuse. It is very important to get help and support for their feelings because parents reactions
make a big difference in children’s recovery. Families are children's most important resource for recovery.
8.2
Coping after the child's sexual abuse disclosure:
(i)
The parents should be advised to try not to completely immerse themselves in supporting or
worrying about their child. No matter how much they love and care about their family, they also
need to consciously set aside time for their own needs.
(ii)
As they are dealing with the police investigation, social worker's interview or other professionals
regarding their child's sexual abuse disclosure, it is especially important for them to take care of
themselves physically and emotionally.
The Arunachal Pradesh Extraordinary Gazette, June 11, 2026 21
(iii)
Their child needs their care and their attention during this time of confusion and overwhelming
circumstances. If they are experiencing insomnia or depression, they may need to talk to their
doctor about treatment or seek professional counselling.
(iv)
They should be advised to find diversions that will lighten their emotional load and recharge their
ability to give support. If they have a spouse, partner or other children, they should spend time
with them. They should demonstrate to their child that there is life beyond what has happened.
This will also aid the child's recovery process and help the child go on with his or her own life.
(v)
They may find that they feel over-protective towards their child and do not want to let them out of
their sight. However,it is important not to restrict the child's play for their own peace of mind - the
child will feel they are punishing him/her by not letting him/her play with friends. Playing is also a
kind of therapy.
(vi)
The parents should allow the child, as far as possible, to carry on with his/her normal activities
and encourage the child to participate in any activities available either at school or in the community.
This will divert the child's attention and help him/ her to understand that things will eventually get
better.
(vii) As they try to deal with the sexual abuse of their child, they may start to piece together many
clues and indicators of the child abuse that went unnoticed earlier. This information will help them
to understand what their child has gone through and the impact on him or her.
(viii) However, it may also increase their sense of guilt and they may blame themselves for not acting
earlier. It is important for such a parent to be told that no parent/caregiver can be everywhere all
the time. Instead of tormenting themselves, they should share with an understanding family member
or friend about their feelings and emotions; this will help them to move on.
(ix) Where the abuser is not a parent, it is crucial for both parents to support each other during this
critical and painful time. Blaming each other for not protecting their child will not help solve the
problem. Open or secret blaming on one of the parents will further impact their child's sense of
safety and sense of security. Their child has already been violated and has experienced lack of
safety. Therefore, it is critical for both parents to focus on supporting the child as a team. A crisis
like this may put a strain on their relationship, especially a relationship that has already been
shaky or difficult.
(x)
They naturally want to comfort, heal and protect their child in the aftermath of a traumatic experience,
but their own physical and emotional energy isn't limitless. If they try to give too much of themselves
throughout the recovery process, they may find themselves resenting or withdrawing just when
their child needs the most. No one person - not even a parent - can give a child all the support they
need, so they should help their child to spend, quality time with other people who care about them
and can support in their recovery.
(xi)
Seeking professional counselling is important especially if their child's or their behavioural and
emotional reactions do not subside. Seeking professional help earlier on can be very helpful. Talk
to a counsellor or a therapist for a few sessions to debrief and process their emotions regarding
the child's sexual abuse incident as well as their confusion. A trained professional will be able to
facilitate a healing and closure for them. It is important for them to be able to find strengths to
support and reassure their child after these traumatic experiences.
8.3
Protecting the child from further harm :
Here are some ways to help protect their child from further abuse and minimize the emotional
trauma their child may experience:
(i)
Prevent contact between their child and the offender until an investigation has taken place. Explain
to their child that he/ she should tell them immediately if the offender attempts to touch or bother
them again in any way.
(ii)
Do not talk to the offender in front of the child.
(iii) Continue to believe their child and do not blame him/ her for what happened. Give their child
support and reassurance that he/she is okay and safe.
(iv) Respond to concerns or feelings their child expresses about sexual abuse calmly. Listen to their
child but do not ask a lot of questions.
(v) Respect their child's privacy by not telling a lot of people, and make sure that other people who
know, don’t bring the subject up to their child. Listen to their child, but don't ask for information on
personal safety or details about the abuse. Let the professionals do the interviewing to find out the
details. A legal case can be negatively affected if the child has been questioned by non- professionals
(vi) Try to follow the regular routine around the home; maintain the usual bedtimes, chores and rules.
(vii) Let the child's brothers and sisters know that something has happened to the child and that he or
she is safe now and will be protected. Make sure that all children in the family are given enough
information on personal safety so to be able to protect themselves from the offender without
discussing the details of the incident.
(viii) Talk about their feelings with someone they trust - a friend, relative, or counsellor. It is best not to
discuss their worries in front of, or with, their children.
22 The Arunachal Pradesh Extraordinary Gazette, June 11, 2026
CHAPTER - 6
Social Workers and Support Persons
1.
Social worker : Inquiry-
As per Section 19(6) of the POCSO Act, 2012 where an F.I.R. has been registered before the
Special Juvenile Police Unit (SJPU) or local police station in respect of any offence committed against a
child under the said Act, the case should be reported by the SJPU or the local police to the Child Welfare
Committee (CWC) within 24 hours.
Additionally, as per Rule 4 (4) of POCSO Rules, 2020 a child is to be produced before the CWC in
the following three situations :
(i)
There is a reasonable apprehension that the offence has been committed or attempted or is likely
to be committed by a person living in the same or shared household with the child, or
(ii) The child is living in a child care institution and is without parental support, or
(iii) The child is found to be without any home and parental support.
As per Rule 4(5) of POCSO Rules,2020, where a child is produced before the CWC in the three
situations described above, the relevant CWC must proceed, in accordance with its powers under sub-
section (1) of Section 31 of the Juvenile Justice (Care and Protection of Children) Act, 2000 (JJ Act), to
make a determination within three days, either on its own or with the assistance of a Social Worker/
Probation Officer/Non-Governmental Organization (NGO)/any other person found fit by the CWC, as to
whether the child needs to be taken out of the physical custody of his/ her family or shared household
and placed in a Children's Home or a Shelter Home.
As per rule 4(6) of the POCSO Rules, 2020, the CWC should take into account any preference or
opinion expressed by the child on the matter together with best interest of the child. Also, prior to making
such determination, an inquiry should be conducted in such a way that the child is not unnecessarily
exposed to injury or inconvenience.
This inquiry may therefore be conducted either by the CWC itself or with the assistance of a Social
Worker/Probation Officer/Non- Governmental Organization (NGO)/any other person found fit by the CWC
to be appointed for this purpose. Where a support person has been appointed for the child, the same
person may be engaged to conduct the inquiry under Rule 4(5) to assist the CWC in its inquiry.
The Social Worker/Probation Officer/Non-Governmental Organization (NGO)/any other person found
fit by the CWC may prepare his/her report after interviewing the child and other affected persons to
determine the following :
(i)
the child's physical and emotional state ;
(ii)
whether the child needs any urgent care such as medical/ mental health intervention, shelter, etc.;
(iii)
to hear the child's version of the circumstances leading to the concern;
(iv)
to get an insight into the child's relationship with his/her parents or guardian or other person in
whom the child has trust and confidence;
(v)
to support the child to participate in decisions affecting him according to his/her age and level of
maturity; and
2.
Guidelines for interviewing the child and other affected and relevant persons.
The interviewer should follow the guidelines in Chapter 1 in his/ her interaction with the child.
Where the child has been found to be without family support, the interviewer should ask the child
to confirm whether she/he has a relative or other person in whom she/he has trust and confidence to
support him/her. In this case, attempt should be made to contact such person and inquire whether she/
he is fit and willing to assume charge of the child before a decision is taken to institutionalize the child.
Where the child had been living in a child care institution prior to the abuse, and the abuse is
alleged to have occurred within that institution, the interviewer must confirm this with the child. In such
cases, a recommendation would then have to be made to transfer the child to another institution.
Where the alleged offender is a member of the child's family or shared household, the interviewer
should consider interviewing the parent or guardian or other family member of the child, in the child's
absence. The interviewer should however convey to all parties that no assumptions have been made
about whether abuse has occurred and whether it occurred at the hands of the alleged offender.
An interview with the child could result in sharing of confidential information. Hence, it should be
conducted in a place where the child is assured of privacy.
The interviewer should also consider other children (boys as well as girls) that may have had
contact with the alleged perpetrator and recommend keeping the alleged perpetrator away from such
children. For example, there may be an indication to examine the child's siblings or other children living
in the child care institution where the child was abused.
The Arunachal Pradesh Extraordinary Gazette, June 11, 2026 23
After the interview, the following details must be recorded:
(i)
A summary sheet containing family details;
(ii)
A record of all enquiries made about the case and the response obtained;
(iii) A record of all contacts between the worker and the child and his or her parents/ caregivers;
(iv) A record of all contact between the worker and other professionals, including working arrangements
and agreements;
(v) A summary, to be updated regularly, on recent events and their significance;
(vi) A report of all Court proceedings, reviews and any other meetings, as well as any other relevant
documentation;
(vii) Details of assessment and outcomes;
(viii) A record of any decisions made;
(ix) A copy of any child protection plans;
(x) A copy of all correspondence about the case.
2.1 Social Workers/Probation Officers/Non-Governmental Organizations (NGO) / any other persons
(found fit by the CWC) recommendation and further action by CWC:
Where the Social Worker/Probation Officer/Non-Governmental Organization (NGO)/any other person
found fit by the CWC concludes, following his/her interaction with the child and other affected persons
that the child needs to be removed from the physical custody of his/ her parents/ guardian/care giver,
she/he should make a recommendation to the CWC to this effect.
Upon receiving the report of the Social Worker/ Probation Officer/ Non-Governmental Organization
(NGO)/any other person found fit by the CWC, the CWC has to make a determination as to whether the
child must be removed from the custody of his/her parents/ guardian/ care giver and placed in a Children's
Home or Shelter Home. In making this determination, the CWC shall take into account any preference or
opinion expressed by the child on the matter, together with all relevant factors that may have a bearing on
the best interests of the child, having regard to the considerations referred to in rule 4(5) of POCSO
Rules, 2020.However,the CWC shall as far as possible avoid repeatedly questioning or interviewing
the child.
3.
Support Persons as under Section 39 of POCSO ACT :
3.1
Objective
The Protection of Children from Sexual Offences (POCSO) Act, 2012 is a special law which has
been formulated to deal with cases pertaining to child sexual abuse. POCSO Act, 2012 is a comprehensive
law and provides for the legal provisions for the protection of children below 18 years of age from sexual
abuse, exploitation and pornography, while safe- guarding 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 responsibility of supporting children who have been sexually abused or have been a victim of
abuse should be embraced by the whole community. Therefore, the professionals who are working in this
field play a key role in enabling the healing process. Section 39 of the said Act, categorically talks about
the guidelines for child to take assistance of experts, etc. The same is reproduced below:
“Section 39: Guidelines for child to take assistance of experts, etc.: Subject to such rules as may
be made in this behalf, the State Government shall prepare guidelines for use of non-governmental
organizations, professionals and experts persons having knowledge of psychology, social work, physical
health, mental health and child development to be associated with the pre-trial and trial stage to assist
the child.
The key objective of Support Persons under the Protection of Children from Sexual Offences
(POCSO) Act, 2012 is to provide an emotional and psychological support to child victims during the legal
proceedings and further ensure their well-being and protection. These individuals play a crucial role in
helping children to cope with the legal system and to provide them with the support they need to effectively
testify against their offenders. Therefore, proper rehabilitation of the victim plays a crucial role for ensuring
protection.
Further, a support person shall be assigned by a Child Welfare Committee, in accordance with
sub-rule (8) of rule 4, in order to render assistance to the child throughout the process of investigation
and trial, or any other person who is assisting the child in the pre-trial or trial process in respect of an
offence under the Act.
3.2 : QUALIFICATION AND APPOINTMENT OF SUPPORT PERSONS :
3.1.1 : Appointment of support person :
(i)
The appointment of a support person is deemed mandatory in all POCSO cases, unless and until
the child victim or their legal guardian provide a written statement clearly stating their preference
not to avail the services of a support person.
24 The Arunachal Pradesh Extraordinary Gazette, June 11, 2026
(ii)
In the event that the child victim or their legal guardian chosen to have a support person, written
statement should include reasonable grounds for their decision.
(iii) The decision to forgo the assistance of a support person must be made freely, without any form of
coercion or undue influence.
(iv) CWC to ensure mandatory counseling is provided to the victim or their legal guardian by counselors
authorized by the CWC prior to arriving at a decision in this regard.
(v) The decision not to appoint a support person should prioritize the best interests and comfort of the
child victim, ensuring their rights and emotional well-being are upheld.
(vi) That incase a victim is unwilling to take a support person, then the same unwillingness shall be
communicated by the Child Welfare Committee (CWC) to the Trial Court through the prosecutor.
(vii) There shall be appointed a minimum of One Support Person each for the jurisdiction of every
notified Special Court/ POCSO court other than the District and Session Court, Yupia which shall
have 2(Two) Support Persons. The Support Person will function for a cluster of districts as per the
following details, subject to a maximum of 10 (Ten) cases at a time per Support Person: -
Name of the Special Court
Number of Support Person
Jurisdiction
District and Session Court
02
(i) Papum Pare
Court, Yupia
District and Session Court
01
(i) Dibang Valley
Tezu
(ii) Lower Dibang Valley
(iii) Lohit
(iv) Namsai
(v) Anjaw
District and Session
01
(i) East Siang
Court, Pasighat
(ii) Upper Siang
(iii) Siang
District and Session
01
(i) East Kameng
Court, Bomdila
(ii) West Kameng
(iii) Bichom
(iv) Tawang
(v) Pakke-Kesang
District and Session
01
(i) West Siang
Court, Aalo
(ii) Shi-Yomi
District and Session
01
(i) Tirap
Court, Khonsa
(ii) Changlang
(iii) Longding
District and Session
(i) Lower Subansiri
Court, Ziro
01
(ii) Kra- Daadi
(iii) Kurung Kumey
(iv) Kamle
(v) Keyi Panyor
Additional District and
01
(i) Upper Subansiri
Session Court, Basar
(ii) Lepa Rada
(iii) Lower Siang
(viii) The requirement of additional Support Persons will be assessed on request from the concerned
District Magistrate and District Child Protection Officer on the basis of the number of POCSO cases
3.2.2 QUALIFICATION FOR SUPPORT PERSON :
Any person with a post graduate degree in Social Work or Sociology or Psychology or Child
Development OR a graduate with minimum three years of experience in child education and development
or protection issues.
Provided that in accordance with Rule 5(6) of the POCSO Rules 2020, an entity qualified to act as
a Support Person may also include an organization actively engaged in the realm of child rights or child
protection. Additionally, an official associated with a children's home or shelter home responsible for the
custody of the child may also be eligible to apply as a Support Person.
3.2.3 : PROCESS FOR EMPANELMENT OF SUPPORT PERSONS :
(i)
ADVERTISEMENT : For the purpose of empanelment or engagement of Support Persons, an
advertisement may be published on the official website as well as leading newspaper for purpose
of calling applications.
The Arunachal Pradesh Extraordinary Gazette, June 11, 2026 25
(ii) SCRUTINY OF APPLICATIONS : For the purpose of short- listing of the eligible candidates, the
DCPO shall scrutinize eligible applications meeting the criteria and further call the eligible candidates
for a personal interview.
(iii) SELECTION COMMITTEE: For the purpose of conducting personal interviews, a Selection
Committee shall be formulated by the Quorum comprising of any three (3) of the following
functionaries-
(a)
Ld. Special Judge (POCSO).
(b)
District Magistrate or his representative not below the rank of Additional District Magistrate.
(c)
Chairperson, Child Welfare Committee.
(d)
Subject Expert-
(i) Head of Government District Mental Health Program/HOD of Government College
Psychology/Sociology Department.
(ii)
District Education Officer, Principal DIET,CMHO, Renowned Experts in the field of
Psychiatry and Psychology.
(e)
DCPO;as the Convener of the Committee.
(iv) INTERVIEW : All the short-listed eligible candidates shall be called for a personal interview which
shall be conducted by the afore- stated Selection Committee. The Selection Committee shall evaluate
on the basis of qualification and experience of working with children and personal interaction of the
applicant and recommend a panel of the names for the position of Support Persons.
(v) SELECTION/EMPANELMENT :
(a)
The DCPO shall empanel the selected candidates on the recommendations of the aforesaid
Selection Committee.
(b)
The DCPO on receipt of application may also empanel existing staff such as Anganwadi Workers/
Supervisors, Child-line workers as Support Person. The said charge maybe given, in addition to
their existing assignment provided they meet the pre-requisite criteria for such empanelment
and are selected post interview as mandated in the aforesaid regulations.
(vi) Term of Engagement/ Empanelment : The selected Support Persons shall be engaged for a
period of three years which shall be yearly reviewed by the DCPO and shall be extended beyond
3 years on the basis of the recommendation after review conducted by the DCPO.The said
recommendation must be approved by the District Magistrate.
(vii) Remuneration of Services of Support Persons :
(a) Monthly Allowance: The Support Person shall submit a report at the end of each month
to the DCPO for review and remuneration as prescribed in Form A. (The Remuneration for
the services of a support person whose name is enrolled in the register maintained under
Rule 5(1) of POCSO Rules, 2020 or otherwise, shall be made by the State Government
from the Fund maintained under Section 105 of the Juvenile Justice Act, 2015 (2 of 2016),
or from other funds placed at the disposal of the DCPU.)
Any support person engaged for the purpose of assisting a child under this Act, shall be
paid on a pro-rata basis, determined by the number of days worked or in- person visits
conducted to locations such as Hospitals, Child Welfare Committee, police station, childcare
institutions, the victim's family, educational institution, court, Government department, banks etc.
The Monthly remuneration based on assigned cases, shall be based on amount of ` 15000
per month i.e @ ` 500 per day of visit/appearance duly certified by the concerned Child
Welfare Committee (CWC).
Further, if a person empaneled as a support person has not been assigned any case or has
not been providing support to a child, he/she shall not be entitled to claim remuneration.
In case of Support persons already working under the WCD Department or NGO getting
fixed remuneration/monthly salary from the Government will not be entitled for payment on
pro-rata basis. They may be provided with remuneration to be fixed by the State Government
as and when required.
(b) Travel Allowance : The support person shall be provided reimbursement as per actuals
for the travel undertaken with the minor victim on production of bills duly verified by CWC.
(viii) RATIO FOR EMPANELMENT OF SUPPORT PERSONS :
The empanelment of Support Persons shall be in the Ratio of 1:10 of the number of cases
in each district. However, Support Persons shall not handle more than 10 cases at a time. The
CWC shall consider the following factors while assigning cases to Support Persons:
26 The Arunachal Pradesh Extraordinary Gazette, June 11, 2026
(a) Cases from the same Police Station to be assigned to the same Support Person, as far as
possible.
(b) In case where the number of cases exceeds the number of available Support Person, then
at the discretion of CWC and under the order of District Magistrate, the number of cases
assigned may be increased, but in any event not exceeding 20 cases per Support Person.
(ix) GENDER CONSIDERATION ASSIGNMENT :
While assigning a Support Person, consideration maybe given to a female victim if a request has
been put forth for a female support person by the victim herself or her family member. Subsequently,
in cases involving a male child victim, consideration may be given to the male victim if a request
for a male support person is made by the victim himself or his family member.
(x)
BACK GROUND VERIFICATION OF SUPPORT PERSONS :
Once the Support person is shortlisted; a thorough background verification of the Support Person
shall be mandatorily conducted by the DCPO before empanelment of the Support Person. This
shall involve Police Verification for the purpose of criminal background check.
3.2.4. DUTIES OF DCPO FOR MAINTAINING DATABASE OF SUPPORT PERSONS :
(i) The District Child Protection Officer shall also be responsible to enlist and delist the details of all
the Support persons empaneled by the said district on the NCPCR’s “POCSOTracking Portal”
for maintaining all India database of Support Persons, Counsellor, translators and interpreters.
Further, the DCPO shall also be responsible to enlist and delist the details of Support Persons on
the Commission’s portal who have been freshly engaged or have been terminated from the services.
(ii)
The DCPOshall also be responsible to update and maintain the records of support persons along
with the assigned cases on the designated portal.
(iii)
The State Commission for Protection of Child Rights (SCPCR) shall be the monitoring authority at
the State Level for ensuring proper execution of these duties by the DCPO.
3.2.5 : PROCEDURE FOR ASSIGNING OF CASES AS SUPPORT PERSONS BY CWC :
Any person, who has been empaneled and engaged as a support person of the respective
DCPU, shall be assigned cases as a support person by the Child Welfare Committee. Such assignment
shall be made in the following manner:
(i )
In accordance with sub-rule (7) of rule 4 of POCSO Rules, 2020, to render assistance to the
child through the process of investigation and trial including post-trial stage such as appeal, or
to any other person assisting the child in the pre-trial or trial process in respect of an offence
under the Act;
(i)
The CWC,on receiving a report under sub-section (6) of Section 19 of the POCSO Act,2012 or on
the basis of its assessment made under sub-rule (5) of POCSO Rules, 2020, and with the
consent of the child and child's parent or guardian or other person in whom the child has trust
and confidence, may provide a support person to render assistance to the child in all possible
manner throughout the process of investigation and trial, and shall immediately inform the SJPU
or Local Police about providing of a support person to the child.
(iii). The CWC assigning a case of a minor victim must consider the needs and requirement of child
on the basis of education, psychological needs, family condition, legal assistance and awareness,
as well as logistical factors such as distance from the minor’s residence to Court, Hospital etc.
3.3.: DUTIES OF SUPPORT PERSONS:
The child and family should be protected from external pressure and supported in their journey
within the criminal justice system. A trained support person can ease the child and family's journey
through the criminal justice and child protection systems. As the support person can provide information
and updates the child and his family from time to time, facilitates emotional and psychological support
and assists with rehabilitation. Hence, the support person becomes a vital liaison between stakeholders,
the child, and the family by assisting them through the various stages of the case. The duties of Support
persons are:
(a) Ensuring the continuation of education, including facilitating a change of school if required in the
best interest of the child if the incident occurred at school, and obtaining the victim's last attendance
records.
(b)
Assessing the presence of any threat, coercion or pressure and invoking victim/ witness protection
scheme as necessary.
(c)
Identifying if the child is in need of care and protection and alerting the CWC if the child should
be moved to Child Care Institutions.
(d) Ensuring the relocation of the victim, if required.
(e) Conducting regular home visits to the child survivor.
(f)
Identify any specific requirements the child might have due to his/ her disability and ensure these
needs are met throughout the process.
(g) To raise the concern in case the child friendly procedures (inter- alia child friendly court procedures)
are not followed.
The Arunachal Pradesh Extraordinary Gazette, June 11, 2026 27
(h) Informing the CWC in monthly report if the witness turns hostile, which shall thereafter be shared
with the prosecution and the trial court. Failure to report such instances shall lead to inquiry
against the corresponding Support Person.
(i) Maintain confidentiality of all information pertaining to the child.
(j) Addressing any concerns, the child and the family may have.
(k) Accompany the child during statement recording, medical examination and trial. Accompanying
the child victim to court, particularly for compensation, bail and prosecution evidence etc.
(l)
From the day support person is appointed, it is his duty to facilitate the child with medical assistance
and treatment, counselling to come out of the trauma and inform the victim about the availability of
the legal aid assistance through DLSA and the provision of interim compensation for medical and
other expenses.
(m) Address safety concerns that the child may have concerning the accused.
(n)
For a child without parental/familial support, the support person can play the major role by providing
the assistance and access to protection, rehabilitation, reintegration, healing and justice to the
child by informing and getting recommendations from CWC and concerned authorities.
(o) Provide information promptly to the child and the family about the procedural steps involved in a
criminal prosecution, which includes but is not limited to:
(i) the availability of public and private emergency and crisis services.;
(ii) provision of private counsel as per Section 40 of the POCSO Act.
(iii) the procedural steps involved in a criminal prosecution;
(iv) the availability of victim's compensation benefits;
(v) the status of the investigation of the crime, to the extent it is appropriate to inform the victim
and to the extent that it will not interfere with the investigation;
(vi) the arrest of a suspected offender;
(vii) the filing of charges against a suspected offender;
(viii) the schedule of court proceedings that the child is either required to attend or is entitled to
attend;
(ix) the bail, release or detention status of an offender or suspected offender;
(x) the rendering of a verdict after trial; and
(xi) the sentence imposed on an offender
(p) Submit monthly updates to the CWC on the child's well-being, including physical, emotional
and mental health, collaborate with medical facilities for necessary care and facilitate the
child's education, potentially relocating them to a new school as needed.
(q) The Support Person appointed shall be unbiased and impartial and shall disclose any real
or perceived conflict of interest and shall render a complete and accurate interpretation or
translation without any additions or omissions, in accordance with Section 317 of BNSS'2023
(46 of 2023).
(r)
For the purpose of tracking, and monitoring of each case assigned to him on the NCPCR’s
“POCSOTracking Portal”, the Support Person shall be provided with login credentials so as
to facilitate the process of rehabilitation and upload the status on the portal.
(s) The Support Person shall in coordination with the CWC, police and DCPU, take appropriate
steps for the child's safety and security.
(t)
While dealing with the incest cases, the support person shall assist the child and the family
in finding alternate residences and will make efforts to connect child with people who can
provide support and facilitate relocation.
(u) The Support Person, with the help of DLSA or public prosecutor, shall submit an application
to the appropriate authority for the relocation of the victim and their family, if required.
(v) The Support Person shall seek immediate assistance of CWC or the police if he believes
that the child is under the influence of the accused and/ or their associates and also
intimate the same to the Court.
(w) The Support Person shall assist the child in accessing facilities such as education, health
services and public distribution system.
28 The Arunachal Pradesh Extraordinary Gazette, June 11, 2026
(x) That in case where the child is pregnant, the Support Person shall connect the child with
the hospitals to address to the child's healthcare needs. In cases where the child has
contacted or is infected by Sexually Transmitted Infections or has become HIV positive
then the support persons can connect the child to services and organizations with necessary
expertise.
(y)
Normalization of the child's routine could often mean resuming education. The support
person shall ensure that the child resumes his or her studies and gets the child enrolled for
education by ascertaining when the child is ready to resume school and facilitate the
same. If the child has dropped out of school, the same must be discussed and resolved,
by encouraging the child to resume education. Support Persons can assist the child in
accessing the Education Department's sponsorship programs.
(z) A support person shall also assist the child in obtaining admission in government- run
schools or private school as per need and requirement. The Support person shall also
educate the family and the child regarding the child's right to receive free and compulsory
education till completion of elementary education under the Right to Education Act, 2009.
(aa) In case of financial difficulty, support persons may connect the child and his/her family with
philanthropic organizations or individuals willing to sponsor the child or refer to the Government
scheme in their region to fund their education, etc. while maintaining utmost confidentiality.
(bb) In cases where the child is not keen or is reluctant to resume school, them support person
shall connect the child with vocational training/skill development center that help develop a
skill that enables the child's financial independence.
(cc) Support person shall facilitate the family or the minor victim to obtain identity documents
like Aadhar, PAN Card, Ration Card, BPL Card and open bank accounts in coordination
with and assistance from the CWC/ DCPU/ CCI.
(dd) The Support Person shall assist the families in collecting documents related to the case,
such as copies of the FIR,medical reports, statements and charge sheet.
3.4. REHABILITATION OF VICTIM OF CHILD SEXUAL ABUSE
To ensure proper rehabilitation of the victims of child sexual abuse the Support Person shall keep real
time tracking of the victim on the NCPCR-
-
POCSOTracking Portal which shall ensure the overall accountability of each stake holder and victims
be provided with care and protection as per their individual cases as the process of rehabilitation is
a complex process that requires a multidisciplinary approach from the day the incident has taken
place or reported since children are more prone to suffer from trauma, anxiety, depression and other
psychological and emotional issues. Hence, making it even more necessary to put in place a suitable
Rehabilitation Plan for every child who is a victim under the Act. This plan must be developed keeping
in mind the basic details as well as social background of the child.
Steps to be initiated for rehabilitation :
(i)
When an incident of sexual abuse comes to the knowledge of the school/ counselor/ hospital or is
reported to the police or SJPU, the same must be informed/ reported to the concerned CWC
within 24 hours.
(ii)
To cater to the well-being of a child victim of sexual abuse and to reduce the stress of the child
which he/she has to undergo the CWC shall appoint a Support Person to assist the child and
family in navigating not only in the criminal justice process, but also in the Rehabilitation of the
child.
(iii)
After assigning a case to Support Person the DCPO shall update the details on portal of NCPCR
and the DCPO shall provide access to the case assigned to the Support Person.
(iv)
Once the support person is informed about a case, he shall ensure that the child’s care, protection
and other needs, if any, are brought to the attention of the CWC and other relevant authorities.
(v)
As per the Act and Rules, upon the registration of FIR/ complaint with the police the statement of
the child under Section 183 BNSS shall be recorded and be provided with immediate medical
assistance, if at all needed and should be medically examined and treated.
(vi) The victim should be produced before the concerned CWC within 24 hours and the CWC should
appoint the support person for the child to provide all the assistance.
NCPCR’S POCSO TRACKING PORTAL:
The Commission in pursuance of its role of monitoring the implementation of the Act as laid down
under Section 44 of POCSO Act, 2012 and Rule 12 (1) (c), (f) and (g) of POCSO Rules, 2020 and
understanding the need of having a dedicated system to monitor in real time monitoring of facilitation of
services to the victims, the requirement of a dedicated portal for such purpose was realized. It was
The Arunachal Pradesh Extraordinary Gazette, June 11, 2026 29
envisioned that there is a need for real time tracking of cases of victims of child sexual abuse and which
facilitates them with services such as victim compensation and Rehabilitation for their care and protection.
However,it is pertinent to inform that the database of the said portal is not accessible for public and no
information as provided on the portal shall be available in the public domain and only authorized authorities
can only access the information after obtaining login credentials.
The said portal has five steps. These five steps have been developed in a manner to ensure that the
overall accountability of each stakeholder be tracked, and victims be provided care and protection as per
their individual cases. The five steps include:
(i)
Step 1: This includes the details of the case.
(ii)
Step 2: This includes the details of the case which includes a Social Investigation Report of the
victim. It is pertinent to mention that this step involves the Stakeholder to provide details regarding
requirement of child with respect to support persons, translators, interpreter etc.
(iii)
Step 3: This step caters to Individual Care Plan
(iv)
Step 4: This step deals with the Rehabilitation plan where in a child is linked with schemes and
compensation.
(v)
Step 5: This step sends the application of the child victim to CWC and DLSA for subsequent
processing, ensuring immediate special relief in accordance with POCSO Rule 7 and victim
compensation Rule 9.
To ensure the proper Rehabilitation of child sexual abuse victims, the Support Person shall
maintain real-time tracking of victims on the aforementioned portal. This measure is intended to guarantee
overall accountability among stakeholders, ensuring the care and protection of victims. Furthermore,
the State Commission for Protection of Child Rights (SCPCR) shall be the State Level Monitoring
authority over cases assigned to Support Persons from the pre- trial stage through the completion
of the trial awarding of compensation.
3.5
REVIEW OF SERVICES OF SUPPORT PERSONS :
(i)
The DCPO shall conduct a yearly review of the support person which includes review with respect
to handling and management of the cases assigned, successful Rehabilitation of the victim minor
etc. The DCPU shall thereafter submit its report to the concerned District Magistrate/ District
Officer deputed by the District Magistrate, who shall be the final reviewing authority. The District
Magistrate shall take necessary action after review. However, at the time of renewal of contract of
the Support person, which shall be after 3 years, the renewalshall be based on the basis of the
report of the review of all three years.
(ii)
That in case of any complaint by the victim or by the victim's family or by any other person against
the Support Person or in cases where the witness has turned hostile, an inquiry shall be initiated
against the support person by the DCPOand the DCPO after giving an opportunity to both the
parties to be heard in the matter equally, the DCPO shall submit its report of the inquiry initiated
to the District Magistrate. The said inquiry shall be completed and disposed of with 15 days of
receiving such complaint and the Support Person during the course of inquiry shall remain suspended
from the engagement.
3.6 TERMINATION OF ENGAGEMENT OF SUPPORT PERSONS :
(i)
The empanelment of the support person may, at any point of time, be terminated by the DCPO
upon completion of its inquiry and submission of its inquiry report to the District Magistrate. The
District Magistrate shall be the final approving authority against termination;
(ii)
The empanelment of the support persons may be terminated in cases where the services provided
by the support persons is found un satisfactory in the yearly Review report submitted by the
DCPO to the District Magistrate;
(iii)
In the event of termination of the Support person, CWC shall immediately appoint another support
person for the victim.
3.6.1 : GROUNDS FOR TERMINATIONS :
(i)
Upon the child's request
(ii) Breach of trust or unethical/immoral conduct guidelines.
(iii) Unsatisfactory performance that significantly affects their ability to fulfill their roles and
responsibilities effectively.
(iv) Any behavior or action that is detrimental to the best interests and welfare of the child or the
family if proved in the inquiry.
Persistent non-confirmation of duties or inability to submit the monthly report.
30 The Arunachal Pradesh Extraordinary Gazette, June 11, 2026
INDUCTION TRAINING OF SUPPORT PERSONS :
The Support Persons must be mandatorily trained in the following aspects before starting interventions in
cases:
Mandatorily refresher training of the support person
Provisions of POCSO Act, Rules
Specific roles and responsibilities as a support person in POCSO cases.
Understanding of psychological first aid, and basic counseling with dos and don’ts Understanding
the rights and entitlements of victim and family and how to access them.
Rights and responsibilities of a support person
Understanding how to deal with media personnel including social media and media spotlight in
POCSO cases without revealing the identity of victim/ family.
Understanding measures to be undertaken in cases involving child pornography. In dealing with
situations of victim/family facing threat, coercion or force.
Facilitating protection and re-location with the help of police when victim/family is facing hostility/
inducement etc.
Facilitating monetary relief including immediate/interim/final compensation to victim in the form of
victim compensation.
3.7 : GRIEVANCE REDRESSAL MECHANISM :
(i)
Grievance Redressal Authority : The District Magistrate shall be the Grievance Redressal
Authority. All complaints against the Support persons shall be made to the District Magistrate,
who shall resolve them. The District Magistrate shall dispose of the said complaint within a period
of one month from the date of receipt of such complaint.
(ii)
Appeal : All appeals against the resolution of complaint passed by the District Magistrate shall
lie with the State Commission for Protection of Child Rights.
3.8 : MONITORING AND IMPLEMENTATION OF THE GUIDELINES :
(i)
The SCPCR with the coordination of Nodal Department (WCD Department) shall be the State
Level Monitoring Authority of the guidelines and the NCPCR shall be the National Level Monitoring
Authority for the implementation of the said guidelines.
(ii)
SCPCR shall assess the effectiveness of the Support Persons' engagement in accordance with
the established model guidelines.
(iii)
The NCPCR, shall prepare a training module in consultation with the State Child Protection Society
for effective implementation.
4. CHILD PROTECTION PLAN (CPP) : As stated in rule 4(7) of the POCSO Rules, 2012 the Child Welfare
Committee, on receiving a report under sub-section (6) of Section 19 of the Act or on the basis of its
assessment under sub-rule (5) and with the consent of the child and his/her parent or guardian or other
person in whom the child has trust and confidence, may provide a support person to render assistance
to the child through the process of investigation and trial.
Such support person may be a person or organization working in the field of child rights or child protection,
or an official of a children's home or shelter home having custody of the child, or a person employed by
the DCPU.
After the support person has had an opportunity to interact with the child, the support person
should formulate a Child Protection Plan (CPP) in respect of the child. CPP may be submitted to the
CWC and can serve as a working tool that should enable the family and professionals to understand
what is expected of them and what they can expect of others. The aims of the plan are to safeguard the
interests of the child, to support the child's wider family and to care for the child and promote his/her
welfare.
In cases where the child is produced before the CWC under Rule 4(3) of the POCSO Rules, 2012,
and an Individual Care Plan (ICP) as defined in Rule 2 (ix) of the Arunachal Pradesh Juvenile Justice
(Care and Protection of Children) Rules, 2020, is being developed for the child, the above mentioned
CPP would supplement such Individual Care Plan (ICP).
The basic components of the CPP are:
(i) Identification of current and potential sources of risk to the child, including the position of the
abuser;
(ii) Identification of strategies to protect the child and reduce the risks over the pre-trial and trial
period;
(iii) Identification of protective aspects of the child's situation, which may need to be strengthened and
developed;
(iv) Consultation and negotiation with the child and his/ her parents/ guardians/ caregivers on the
content and feasibility of the plan;
The Arunachal Pradesh Extraordinary Gazette, June 11, 2026 31
4Rules 2 (ix) 2020 "individual care plan" is a comprehensive development plan for a child based on age
and gender specific needs and case history of the child, prepared in consultation with the child, in order
to restore the child's self- esteem, dignity and self-worth and nurture him into a responsible citizen and
accordingly the plan shall address the following, including but not limited to, needs of a child, namely: -
(a)
health and nutrition needs, including any special needs;
(b)
emotional and psychological needs;
(c)
educational and training needs
(d)
leisure, creativity and play;
(e)
protection from all kinds of abuse, neglect and maltreatment;
(f)
restoration and follow up
(g)
Social mainstreaming
(h)
life skill training
(v) Communication of information between all the parties involved;
(vi) Identification of resources necessary to carry out the plan, including family support and treatment
services where required;
(vii) Consideration of the position of the abuser alleged offender and potential risks to the child from
this front;
(viii) Need for counselling the child and his/her parents/ guardians/care givers; and
(ix) Need for rehabilitation and compensation.
5.
Code of Conduct for Support Persons and Social Workers/ Probation Officer/ Non- Governmental
Organization (NGO)/ Any other person found fit by the CWC:
The primary responsibility of the Support Person or the Social Worker/ Probation Officer/ Non-
Governmental Organization (NGO)/ any other person found fit by the CWC is to protect the child and the
child,s interests during contact with the criminal justice system and to promote the well-being of the
child. In general, the child’s interests are the paramount consideration but, the Support Person or Social
Worker's/ Probation Officer’s/ Non- Governmental Organizations (NGO)/any other person’s (found fit by
the CWC) responsibility to the larger society or in the case of specific legal obligations may on limited
occasions take precedence over the loyalty owed the child and the child should be so advised.
For instance, where a worker in an NGOcomes to know that a child who has come to him/ her has
been sexually abused, she/ he is required by the POCSO Act, 2012 to report this to the police, even in
a case where the child expresses his/ her reluctance in doing so. In such cases, the child and his/ her
family should be counseled and made to understand the obligation to report.
Promote the well-being of the child. In general, the child’s interests are the paramount consideration,
but the Support Persons or Social Workers/ Probation Officers/ Non- Governmental Organizations (NGO)/
any otherperson’s (found fit by the CWC) responsibility to the larger society or in the case of specific
legal obligations may on limited occasions take precedence over the loyalty owned the child, and the
child should be so advised.
For instance, where a worker in an NGO comes to know that a child who has come to him/her has
been sexually abused, she/he is required by the POCSO Act, 2012 to report this to police, even in case
where the child expresses his/ her reluctance in doing so. In such cases, the child and his/her family
should be counselled and made to understand the obligation report.
(i)
Social workers/ Probation Officer/ Non-Governmental Organization (NGO)/ any other person found
fit by the CWC and support persons should provide their services to the child only in the context
of a professional relationship based, when appropriate, on valid informed consent. Where the
social worker or support person is being appointed through the CWC,the appointment should be
made as far as possible with the involvement of the child.
(ii)
Social workers/ Probation Officer/ Non-Governmental Organization (NGO)/ any other person found
fit by the CWC and support persons should use clear and understand able language to inform the
child of the purpose of their services, risks related to their services, reasonable alternatives the
child's right to refuse or withdraw consent, and the stage up to which she be available to support
the child. The child should also be given the opportunity to ask questions and clarify doubts.
(iii)
In cases where the child is not literate or has difficulty in understanding the social worker/ Probation
Officer/ Non-Governmental Organization (NGO)/ any other person found fit by the CWC or support
person, such person should take steps and seek assistance to ensure the child's comprehension.
This may include providing the child with a detailed verbal explanation or arranging for a qualified
interpreter or translator whenever possible.
(iv)
Social workers/ Probation Officer/ Non- Governmental Organization (NGO)/ any other person found
fit by the CWC and support persons should provide services and represent themselves as competent
only within the boundaries of their education, training, certification, consultation received, supervised
experience, or other relevant professional experience.
32 The Arunachal Pradesh Extraordinary Gazette, June 11, 2026
(v)
Social workers/ Probation Officer/ Non- Governmental Organization (NGO)/ any other person found
fit by the CWC and support persons should be alert to and avoid conflicts of interest that interfere
with the exercise of professional discretion and impartial judgment. A conflict of interest occurs
when a social worker’s or support person’s services to or relationship with the child is compromised,
or might be compromised, because of decisions or actions in relation to another child, colleague,
him or herself, or some other third party. Potential or actual conflicts of interest are very complex
situations for social workers and support persons, or for any professional for that matter. Conflicts
of interest can occur in many different contexts. For example, when a support person is appointed
by the CWC, and such support person in the case of a child has a family relationship with
someone in the child's family, the same could be a conflict of interest. In such cases, the social
worker or support person should inform the child and the CWC should take reasonable step store
solve the issue in a manner that makes the child's interests primary and protects the child’s
interests to the greatest extent possible. In some cases, protecting the child's interests may
require termination of the professional relationship with proper referral of the child to another
Social Worker/ Support Person.
(vi)
Social workers/ Probation Officer/ Non-Governmental Organization (NGO)/ any other person found
fit by the CWC and support persons should not take unfair advantage of any professional relationship
or exploit it to further their personal, religious, political, or business interests.
(vii) When Social workers/ Probation Officer/ Non-Governmental Organization (NGO)/ any other person
found fit by the CWC and support persons provide services to two or more people who have a
relationship with each other (for example, couples, family members), social workers should clarify
with all parties the nature of social workers professional obligations to the various individuals who
are receiving services. Social workers who anticipate a conflict of interest among the individual's
receiving services or who anticipate having to perform in potentially conflicting role should clarify
their role with the parties involved and take appropriate action to minimize any conflict of interest.
(viii) Social workers/ Probation Officer/Non-Governmental Organization (NGO)/any other person found
fit by the CWC and support persons should respect the child's right to privacy. Social workers and
support persons should not solicit private information from the child unless it is essential to
providing services in the best interest of the child.
(ix) Social workers/Probation Officer/Non-Governmental Organization (NGO)/any other person found
fit by the CWC and support persons should protect the confidentiality of all information obtained in
the course of professional service, except in the discharge of their professional duties. Social
workers and support persons may disclose confidential information when appropriate with valid
consent from the child or a person legally authorized to consent on behalf of the child and whose
interests are not in conflict with that of the child. However, in any case, social workers and support
persons should inform the child, to the extent possible, about the disclosure of confidential
information and its potential consequences.
(x)
Social workers/Probation Officer/Non-Governmental Organization (NGO)/any other person found
fit by the CWC and support persons should not discuss confidential information in any setting
unless privacy can be ensured.
(xi)
As provided in Section 23 (2) of POCSO Act, 2012, Social workers/Probation Officer/Non-
Governmental Organization (NGO)/any other person found fit by the CWC and support persons
should not disclose the identity of the child when responding to or interacting with the media
unless permitted by the Special Court in the best interest of children with reasons recorded in
writing
(xii) Social workers/Probation Officer/Non-Governmental Organization (NGO)/any other person found
fit by the CWC and support persons should under no circumstances engage in sexual activities or
sexual contact with the child and/ or his/ her relatives, whether such contact is consensual or
forced.
(xiii) Further, they should not sexually harass the child. Sexual harassment includes sexual advances,
sexual solicitation, requests for sexual favours and other verbal or physical conduct of a sexual
nature.
(xiv) Social workers/ Probation Officer/ Non-Governmental Organization (NGO)/any other person found
fit by the CWC and support persons should not use derogatory language in their written or verbal
communications to or about the child. Social workers should use accurate and respectful language
in all communications to and about the child.
(xv) In the event that services are interrupted by factors such as unavailability due to other commitments,
relocation, illness, disability or death, the CWC should appoint another suitable social workers/
Probation Officer/ Non- Governmental Organization (NGO)/ any other person found fit by the CWC
or support person as soon as possible.
5Sec 23 (2) of POCSOAct,2012, "No reports in any media shall disclose the identity of the child including his name, address,
photograph, family details, school, neighborhood or any other particulars which may lead to disclosure of identity of child.
Provided that for reasons to be recorded in writing, the Special Court, competent to try the case under the Act, may permit
such disclosure, if in its opinion such disclosure is in the interest of the child.
The Arunachal Pradesh Extraordinary Gazette, June 11, 2026 33
6. Role of Non- Governmental Organizations :
Civil society organizations, (independent institutions, non-Governmental organizations (NGOs)
and independent experts have a positive role to play in the effective implementation of the POCSO
Act, 2012 not only in raising public awareness on children's rights and in disseminating a new culture of
child-adult relationships, but also in preventing and responding to violence against children by providing
active support to reported cases through individual and group counselling and services for rehabilitation
of abused children.
6.1
Relevant legal provisions :
The POCSO Act, 2012 and POCSO Rules, 2012 envisage the involvement of NGOs as support persons
for the child, as well as under various other provisions.
(i)
Making report to police under Section 19(1) of POCSO Act, 2012 - any person, including a member
of an NGO,may make a report under this Section. Many NGOs work closely with vulnerable
children and are in a position to detect child abuse. In many cases, a child may feel more
comfortable disclosing abuse to an NGO worker rather than someone in his/her own family. An
NGO that has knowledge of the sexual abuse of a child is also bound by the principle of mandatory
reporting under Section 21(1) of POCSO Act, 2012.
(ii)
An NGO worker is included in the term “person of trust and confidence”. Thus, such person's
presence can be requested at the time of recording a statement before the Police or Magistrate
[section 26(1)], medical examination (Section 27(3)), and Special Court proceedings
[Section 33(4) and 37].
(iii)
An NGO worker may be appointed as a support person by the CWC to assist the child through
the pre-trial and trial procedure (sub-rule 7 of rule 4 of POCSO Rules, 2012). Also, the parents,
guardian or other person in whom the child has trust and confidence can approach an NGO to act
as a support person (proviso to sub- rule 7 of rule 4 of POCSO Rules, 2012).
(iv)
Where an NGO is appointed as the support person, its worker has a right to be informed under
sub-rule 11 of rule 4 of POCSO Rules, 2012 of the developments, including the arrest of the
accused, applications filed and other court proceedings. The NGO support person in turn
communicates this information to the child and his/her family.
(v)
The NGO assisting a child can, under rule 7 of POCSO Rules, 2012 file an application for interim
and final compensation with the Special Court, as well as with the Legal Services Authority.
It has been noted that victims of child sex abuse, and often their families, prefer to approach and
seek advice from an NGO even before they report the matter to the police. Thus, in such situations, the
NGO becomes a first point of contact for the child, providing counselling, legal advice and assistance to
report the matter. NGOs must maintain regular contact with the SJPUs and local police stations in their
areas of operation. Cooperation between the police and NGOs would facilitate speedy action and reduction
of secondary trauma. Where an NGOis approached by a child and/or his/her parents or guardian or other
person in whom the child has trust and confidence before the latter approaches the police; the NGO can
arrange contact with the police. On the other hand, where the child and/or his/her parents or guardian or
other person in whom the child has trust and confidence approach the police on their own, the police can
inform and refer them to NGOs that offer support and guidance. This course of action has been
recommended for the police in many Districts and is followed in some.
Where an NGO worker is appointed as the designated support person under rule 4 of POCSO
Rules, 2012 such person should refer to the guidelines for support persons.
6.2
General comments :
In addition to these support functions, an NGO can also play a vital role in identifying child sexual
abuse concerns. A number of NGOs work with children closely, and are aware of the particular problems
and behavior of each child. The NGO worker is in a position to keep a watch on these children, and to
look out for children who are at risk of sexual abuse as well as for signs of sexual abuse even before the
child himself may disclose it. In this way, an NGO worker can contribute to the detection of sexual abuse
and to the initiation of remedial measures, including judicial processes, in respect of the sexual abuse.
NGOs are the primary channel for awareness-generation and proactive monitoring of Government
policies and action. They can contribute to the objectives of the POCSO Act, 2012 by providing technical
support to children's institutions in developing Child Protection Policies addressing issues of recruitment,
monitoring, complaints mechanism, disciplinary proceedings and police reporting within their own
organizational or institutional setting and training their staff in this regard. They can also train CWC,
lawyers, doctors and other professionals who come in contact with children about the POCSO Act, 2012
and in communicating with children. In addition to this, they can set up education and training programmes
for children and youth. They can hold consultations with children and youth to understand their views and
perspectives on the issue of child sexual abuse and provide them with opportunities and ways to put
recommendations forward as well as opportunities to get involved in implementation.
34 The Arunachal Pradesh Extraordinary Gazette, June 11, 2026
In addition to this, NGOs can monitor media coverage and ensure sensitive handling of the issue.
They can also develop and disseminate position papers and other academic and awareness materials.
They can create alliances with other NGOs, business groups, private organizations and the local, national
and regional media networks, share best practices, submit articles, involve the press in relevant events
and lobby with them mediator raise awareness with the general public.
NGOs can thus play a vital role in the implementation of the provisions of the POCSO Act, 2012
and in general in combating the problem of child sexual abuse.
CHAPTER - 7
CHILD DEVELOPMENT EXPERTS
Child development refers to the various stages of physical, social, and psychological growth that
occur from birth through young adulthood. A child who has been the victim of a sexual offence is likely to
have been severely traumatized, both mentally as well as physically. A child development expert is
therefore a person who is trained to work with children with physical or mental disabilities, to evaluate
such a child’s mental and physical development in the context of that child’s experience, and to accordingly
facilitate communication with the child.
1. Legal provisions :
As per the definitions in the rules framed under the Rules 2(c) of POCSO Rule, 2020 states:
“Expert” means a person trained in mental health, medicine, child development or other related
discipline, who may be required to facilitate communication with a child whose ability to communicate
has been affected by trauma, disability or any other vulnerability.
Section 26(3) of POCSO Act, 2012 states, the Magistrate or the police officer, as the case may
be, may, in the case of a child having a mental or physical disability, seek the assistance of a special
educator or any person familiar with the manner of communication of the child or an expert in that field,
having such qualifications, experience and on payment of such fees as may be prescribed, to record the
statement of the child.
Section 38(2) of POCSO Act, 2012 states, “if a child has a mental or physical disability, the
Special Court may take the assistance of a special educator or any person familiar with the manner of
communication of the child or an expert in that field, having such qualifications, experience and on
payment of such fees as may be prescribed to record the evidence of the child”.
Thus, the Act envisages a role for child development expert sat the stage of taking evidence from
the child and recording his/her statement for the purpose of investigation and trial under the Act. The role
of this expert is to facilitate communication between the child and the authority concerned.
Rule 5(5) of POCSO Rules,2020 provides for the engagement of various experts, including child
development experts, for the purposes of the Act. It specifies the qualifications and experience of the
expert Seng aged for facilitating communication with the child, stating that such an expert shall be
qualified in the relevant discipline from a recognized University or an institution recognized by the
Rehabilitation Council of India.
The Rehabilitation Council of India runs programmes in various aspects of child development,
including working with physically and mentally disabled children. It also recognizes courses run by other
universities in these disciplines.
Rule 5(7) provides that payment for the services of an expert shall be made by the State
Government from the Fund maintained under Section 105(3) of the Juvenile Justice Act, 2015, or from
other funds placed at the disposal of the DCPU,at the Rates determined by them. It is thus for each
DCPU to fix the rates payable to experts in various disciplines. However,it is suggested that these rates
be fixed at the level of the State to provide for administrative consistency
The following is also to be kept in mind while engaging the services of an expert:
(i)
Any preference expressed by the child as to the gender of the expert, may be taken into
consideration, and where necessary, more than one such person may be engaged in order to
facilitate communication with the child - Rule 5(9) of POCSO Rules, 2020.
(ii)
The interpreter, translator, Special educator, expert, or person familiar with the manner of
communication of the child engaged to provide services for the purposes of the Act shall be
unbiased and impartial and shall disclose any real or perceived conflict of interest. He shall render
a complete and accurate interpretation or translation without any additions or omissions, in
accordance with Section 317 of the BNSS, 2023 - Rule 5(10) of POCSO Rules, 2020.
(iii)
In proceedings under Section 38 of POCSO Act, 2012, it is for the Special Court to ensure that
there is no conflict of interest in engaging a particular expert to provide services under the Act -
Rule 5(10) of POCSO Rules, 2020.
(iv)
Any expert appointed under the provisions of the Act or its rules shall be bound by the rules of
confidentiality, as described under Section 132(3) read with Section 132(1) of the BSA 2023.
The Arunachal Pradesh Extraordinary Gazette, June 11, 2026 35
2. General comments :
The dynamics of child sexual abuse are such that often, children rarely disclose sexual abuse
immediately after the event. Moreover, disclosure tends to be a process rather than a single episode and
is often initiated following a physical complaint or a change in behaviour.
In such a situation, when the child finally discloses abuse and a report is filed under the POCSO
Act, 2012 more information will have to be gathered so that the child's statement may be recorded.
Information so obtained will become part of the evidence.
However, given the experience that the child has gone through, he is likely to be mentally traumatized
and possibly physically affected by the abuse. Very often, law enforcement officers interview children
with adult interrogation techniques and without an understanding of child language or child development.
This compromises the quality of evidence gathered from the child and consequently, the quality of the
investigation and trial that are based on this evidence.
The interviewing of such a child to gather evidence thus demands an understanding of a range of
topics, such as the process of disclosure and child-centered developmentally- sensitive interviewing
methods, including language and concept formation. A child development expert may therefore have to
be involved in the management of this process. The need for a professional with specialized training is
identified because interviewing young children in the scope of an investigation are a skill that requires
knowledge of child development, an understanding of the psychological impact sexual abuse has on
children, and an understanding of police investigative procedures.
Such a person must have knowledge of the dynamics and the consequences of child sexual
abuse, an ability to establish rapport with children and adolescents, and a capacity to maintain objectivity
in the assessment process. In the case of a child who was disabled/ physically handicapped prior to the
abuse, the expert would also need to have specialized knowledge of working with children with that
particular type of disability,
e.g. visual impairment, etc.
CHAPTER - 8
LEGAL REPRESENTATIVES
1.
Free Legal Aid :
Under Section 12(c) of the Legal Services Authorities Act, 1987, every child who has to file or
defend a case shall be entitled to legal services under this Act. The POCSO Act, 2012 confirms the right
to free legal aid under Section 40 of POCSO Act, 2012, providing that the child or his/her family shall be
entitled to a legal counsel of their choice, and that where they are unable to afford such counsel, they
shall be entitled to receive one from the State Legal Services Authority.
In every District, a District Legal Services Authority has been constituted to implement the Legal
Services Programmes in the District. The District Legal Services Authority is usually situated in the
District Courts Complex in every District and chaired by the District Judge of the respective district.
1.1 Public Prosecutor :
The Protection of Children from Sexual Offences Act, 2012 under Section 32 of POCSO Act, 2012 provides:
(1)
The State Government shall, by notification in the official gazette, appoint a Special Public
Prosecutor for every Special Court for conducting cases only under the provisions of this Act.
(2) A person shall be eligible to be appointed as a Special Public Prosecutor under sub section (1)
only if he had been in practice for not less than seven years as an advocate.
(3) Every person appointed as a Special Public Prosecutor under this section shall be deemed to be
a Public Prosecutor within the meaning of clause (v) of Section 2 of the BNSS, 2023 and provision
of that Code shall have effect accordingly.
1.2 Child-friendly procedures :
The Act provides for child-friendly pre-trial and trial procedures to minimize the trauma felt by child
victims and to eliminate the possibility of revictimization at the time of trial. The child- friendly pre-trial
procedures cast duties on the police and are to be implemented at the time of reporting of offences
and recording of the child’s statement. These are given in detail in Sec19 to Sec 26 of the POCSO
Act, 2012. The child-friendly procedures during the trial are to be followed by the Special Courts set up
under Section 28(1) of Juvenile Justice (Care & Protection of Children) Act,2012 to try offences under
the Act. They aim to ensure that the child is protected from intimidation, whether intentional or not. All
legal representatives, whether representing the accused or the child, must be aware of these provisions.
Given the particular vulnerabilities of children, additional measures should also be made available and
utilized even in normal circumstances. The child-friendly trial provisions are detailed in Section 33 to
Section 38 of the POCSO Act, 2012.
36 The Arunachal Pradesh Extraordinary Gazette, June 11, 2026
1.3 Services that may be provided by Legal Aid Authorities :
(1)
Legal representation : The abused child should be provided with such care and protection as
required by law. Any such action shall be in accordance with the procedures established by the
State Legal Services Authority and the National Legal Services Authority. The Form for Application
for Legal Services should be provided to the child by the police at the time of making the report under
Section 19(1) of POCSO Act, 2012.
(2)
Legal Counselling : Complainants in need of legal aid/ assistance/advice in cases of violations of
child rights may seek aid/ assistance from the Legal Aid Cell so that the child is able to testify in
court without fear.
(3)
Legal Advice : The Cell shall render such aid/assistance/ advice to the complainant as well as
send its legal opinion in such cases to the concerned Government authorities for suitable action.
Governmental and Non- Governmental Organizations, Civil Society Organizations,Voluntary
Organizations, parents, relatives, concerned friends and members of the public may, on behalf of the
child in need of care and protection, approach the Cell and receive legal advice regarding the legal
rights of the child and the means for accessing those rights. The Cell will provide requisite information
and advice to the concerned persons regarding the legal options available for protecting the interests
of the child. The Cell will also assist the concerned in making a decision regarding various options
available to pursue the case and if required help in formulation of complaints, petitions, etc.
Other services offered by the Legal Services Authority :
(i) Payment of court and other process fee;
(ii) Charges for preparing, drafting and filing of any legal proceedings;
(iii) Charges of a legal practitioner or legal advisor;
(iv)
Costs of obtaining decrees, judgments, orders or any other documents in a legal proceeding;
(v) Costs of paper work, including printing, translation etc.
1.4
Mode of selection of lawyers to represent children who have been sexually abused : The DLSA
shall draw a panel of qualified and experienced advocates to represent child victims of sexual abuse.
This panel should comprise of a mix of advocates having practice experience of more than 3 to 5 years
as well as junior advocates. Conviction, commitment and experience in the field of child rights should be
relevant considerations for empanelment.
Advocates may initially be empaneled for a period of one year which can be extended on the basis
of performance.
1.5
Payment of Legal Aid Counsellors : The Legal Aid Counsels will be paid for their services by the LSA
as per the approved schedule of fees.
2.
Guidance on examining child victims and witnesses :
During criminal investigation, some minimum levels of protection are required in relation to any interviews
with the victim. These should be carried out in a sensitive manner and advocates as well as law enforcement
officials should have received appropriate training to this end. Such training should ensure that these
persons know appropriate methods of interviewing which will take account of a victim's particular situation
minimize distress and maximize the collection of high-quality evidence. In order to ensure that the child-
friendly trial procedures established under the Act are optimized, the following guidance should be kept
in mind by legal representatives of a child who has been a victim of an offence under the Act :
2.1
Before trial :
(1)
List cases for an as soon as possible and avoid adjournments : It is in the interest of the child
that the trial is concluded as quickly as possible. Prolonging the judicial process will only cause
more traumas to the child.
(2)
Ensure that communication with the child is in an understandable language and manner :
The majority of young witnesses' experience communication difficulties while giving evidence, often
because questioning is developmentally or otherwise inappropriate. Before a child gives evidence,
try having a conversation with him outside the Court so that you have an idea about his/ her
communication abilities and concentration span.
(3)
Consider what special measures may be taken in light of the child's wishes and needs :
Make whatever applications are necessary to ensure that the child receives the benefit of existing
child-friendly measures. Ensure applications are made within time limits so that the child can be
informed of decisions before trial.
(4)
Ensure that the child is able to exercise his/her right to be accompanied by an adult in
whom he has trust and confidence : This could be the child's parent, guardian, or other person,
or the support person appointed by the CWC.
The Arunachal Pradesh Extraordinary Gazette, June 11, 2026 37
(5)
Chart all stages of children’s evidence to minimize time at court and give them a fresh
start in the morning : The start of children’s testimony should not be delayed by other matters on
the court list. It is best to make an estimate of the amount of time the child will have to be present
in Court and in doing this, to bear in mind his/her concentration span, the length of any recording,
the best time to view it and the need for breaks. Request the Special Court to accommodate these
requirements.
(6)
Request that the child is given an opportunity to visit the court to familiarize himself with it
before the trial : This will enable the child to experience the atmosphere in Court so that he is not
intimidated at the trial and avoid the need for him to attend early on the day of trial to see facilities.
It will also allow him to express an informed view about special measures, so that a revised application
can be made, if necessary, in advance of trial.
(7)
Request that the child sees or can be briefed on his/her statement for the purpose of memory-
refreshing before trial.
(8)
Consider the witness’s access to the building and suitability of waiting areas : Where it is
difficult to segregate young witnesses from defendants within and around the building, consider
standby arrangements or the use of remote live links.
2.2
At trial :
(1)
Children have the right to be heard in any judicial and administrative proceedings affecting
them. They must be given a reasonable opportunity to express their views all matters affecting him
and these must be taken into account. He should also be allowed to provide initial and further
information, views or evidence during the proceedings.
(2)
Children have the right to information about the case in which they are involved, including
information on the progress and outcome of that case, unless the lawyer considers that it would be
contrary to the welfare and best interests of the child. It would be best if the lawyer coordinates with
other persons or agencies concerned with the child's welfare, such as the support person, so that
this information is conveyed in the most effective manner. Victims should receive the most appropriate
information on the proceedings from all their representatives, and the assistance of a support person
appointed under rule 4(7) most often constitutes the best practice in ensuring that full information is
conveyed to the victim.
Such information would include :
(i)
Charges brought against the accused or, if none, the stay of the proceedings against him;
(ii)
The progress and results of the investigation;
(iii) The progress of the case;
(iv) The status of the accused, including his/her bail, temporary release, parole or pardon, escape,
absconding from justice or death;
(v) The available evidence;
(vi) The child's role in the proceedings;
(vii) The child's right to express their views and concerns in relation to the proceedings;
(viii) The scheduling of the case;
(ix) All decisions, or, at least, those decisions affecting their interests;
(x) Their right to challenge or appeal decisions and the modalities of such appeal;
(xi) The status of convicted offenders and the enforcement of their sentence, including their possible
release, transfer, escape or death.
(3)
Ensure ahead of time that equipment is working, recordings can be played and that camera
angles will not permit the witness to see the defendant : Do not wait until the young witness
is in the live link room to run checks: Delays and malfunctions can be disruptive to the child. Where
a live link is being used during the child's testimony, ensure that they are able to see all of the
questioner's face.
(4)
Explain that the judge or magistrates can always see the witness over the live video link :
Explain that this is the case even when the witness cannot see the judge or magistrates.
(5) Request the Public Prosecutor to himself to the child before the trial and to answer his/her
questions : Judges and magistrates may also ask if the child would like to meet them before the
trail starts, to help to establish rapport and put the child at ease. Under the POCSO Act, 2012
questions to the child will be routed through the Judge and it would be useful for the child to be
familiar with their manner of conversation and vice versa.
(6)
Encourage the child to let the court know if they have a problem : They may not understand
a question or questions that are too fast, or they may need a break. However, many children will not
say they do not understand, even when told to do so. Professional vigilance is therefore always
necessary to identify potential miscommunication and it is the child's counsel who will have to be
mindful of any instance where the child is losing concentration, feeling ill, etc.
(7)
Do not ask the child at trial to demonstrate intimate touching on his/her own body : This
may be construed as abusive. The child can instead be asked to point to a body outline diagram.
38 The Arunachal Pradesh Extraordinary Gazette, June 11, 2026
3.
Role of lawyer for the child :
The Legal Aid services lawyer, or, as the case may be, the private lawyers appointed by the child
and/ or his/her family, plays a critical role. While it is the Special Public Prosecutor appointed under the
POCSO Act, 2012 who will essentially be in charge of the trial in the Special Court, the child's lawyer is
entrusted with the task of ensuring that the child's interest is protected.
Thus, his/her role extends to representing the child, helping uncover the nature and extent of
abuse, identifying responsible parties and securing damages to compensate the victim and facilitate the
healing process.
In addition to this, the legal aid or private lawyer should also be able to build a good rapport with the
Special Public Prosecutor, as this would ensure that all concerns in respect of the child are raised before
the Court in the course of the trial.
(i) The lawyer must provide independent representation and advice to the child.
(ii) The lawyer has a duty to put before the Court the views of the child, but should not require the
child to express a view if he does not want to do so. However, the lawyer shall not be required
to put before the Court any views expressed to him in confidence.
(iii) Where a lawyer has been appointed to represent a number of children, some of whom are
able to provide a view as to representation and some of whom are unable to do so, the lawyer
must be alert to the possibility of conflict. In some cases, the lawyer may be obliged to seek
separate representation for one or more of the children.
(iv) Adequate representation and the right to be represented independently from the parents
should be guaranteed, especially in proceedings where the parents, members of the family or
caregivers are the alleged offenders.
(v) Where a conflict arises between a child's views and information relevant to the welfare and
best interests of the child, the lawyer should :
(vi) discuss the issues and the lawyer’s obligations with the child;
(vii) attempt to resolve the conflict with the child; and
(viii) advise the Court of the lawyer’s position and, in the case where the lawyer is unable to resolve
the conflict and as a matter of professional judgment can advocate only the child's views,
invite the Court to appoint another lawyer.
3.1 The lawyer shall represent the child in accordance with the child's welfare and best interests.
Where a child is :-
(i)
by virtue of his/her age, maturity or disability, unable to express a view; or
(ii)
able to express a view but, his/her age, maturity or disability are such that any view should be
treated with caution; or
(iii)
unable or unwilling to express a view or in any way guide representation,
In such cases, the lawyer may be guided by the following general guidance :
(i)
The older, the child, the more weightage should be given to the child's instructions. The younger
the child, the more representation shall be in accordance with the child's welfare and best interests.
(ii)
The lawyer has a duty to see that all factors that impact on the child's welfare and best interests
are put before the Court.
(iii) in determining what best serves the child's welfare and best interests, the lawyer must take into
account the principle that decisions affecting the child should be made and implemented within a
timeframe that is appropriate to the child's sense of time.
(iv) The lawyer must meet with the child he is appointed to represent, unless there are exceptional
circumstances to prevent this. The timing and venue for such meeting and any further meetings
should be at the discretion of the lawyer. However, the lawyer shall meet with the child at a time
which ensures that the child's views are up to date at the time of the hearing, so, that they can be
taken into account by the Court.
(v) As a general rule, the lawyer shall act in terms of the child's instructions, conveying them to the
Court by direct evidence, if possible, call such witnesses as are required to carry out those
instructions and examine and cross-examine and make submissions on behalf of the child.
(vi) The Act provides under Section 33(8) that the Special Court may award compensation to the child.
The lawyer should ensure that the child and his/ her family are aware of this and should make the
appropriate applications for interim and final compensation as provided under Rule 7.
The Arunachal Pradesh Extraordinary Gazette, June 11, 2026 39
3.2 At a hearing, the lawyer should :
(i)
Identify all relevant issues which need to be determined in regard to the child's welfare and best
interests;
(ii)
Ensure that the Court has all the necessary information that is relevant to the welfare and best
interests of the child, including the views of the child, so that an informed decision can be made;
(iii)
Call evidence where appropriate (other than any Court's witness), for example, from psychological
and/or medical professionals and teachers;
(iv) Ensure the lawyer does not give evidence himself or herself;
(v) Cross-examine to ensure all relevant issues are fully explored; and
(vi) Make submissions on behalf of the child.
3.3 After the conclusion of the trial :
(i)
The lawyer should communicate and explain the given decision or judgment to the child in a
language adapted to the child's level of understanding. He should give the necessary information
on possible measures that could be taken, such as appeal or other mechanisms for complaints
as well as compensation.
(ii)
When a decision has not been enforced, the child should be informed through his/her lawyer of
available remedies either through non-judicial mechanisms or access to justice.
(iii)
The child's lawyer, guardian or legal representative should take all necessary steps to claim
compensation for the child. Rule 5(6) of POCSO Rules, 2020
provides that nothing shall prevent a child or his/her parent or guardian or any other person
in whom the child has trust and confidence from submitting an application for seeking relief under
any other rules or scheme of the Central Government or State Government. Thus, if there is any
additional scheme for compensation, the child's lawyer should inform the child of this and seek
instructions on how to proceed further.
4.
Child-Friendly Courtrooms and Waiting Areas :
Many children find the courtroom experience intimidating and this intimidation can create stress in
child victims. Under these circumstances, a child can be a poor witness and the process of navigating
the criminal justice system can compound a child's trauma. The POCSO Act, 2012 provides for a number
of child-friendly procedures to be followed in the Special Court. In addition to this, some measures can be
out in place in the Special Court to ensure that the child is not overcome by the circumstances. However,
the rights of the accused, for example that of cross- examination of the child, must be protected while
balanced against the rights and needs of these child victims.
Some of the ways to ensure the child's comfort is that screens are permanently in place in the
Special Courts for the witness stands for the children. Additionally, the child- friendly courtrooms can be
equipped with closed circuit television capabilities, which allow the child to testify in a separate room
from the accused. Special waiting rooms should be provided within the court premises to allow the
families to wait in privacy throughout the court proceedings.
CHAPTER- 9
Guide to Mandatory Reporting
Section 21(1) of the POCSO Act, 2012 requires mandatory reporting of cases of child sexual
abuse to the law enforcement authorities and applies to everyone including parents, doctors and school
personnel. Failure to report a suspicion of child abuse is an offence under the Act. The legislation makes
it clear that the reporting obligation exists whether the information was acquired through the discharge of
professional duties or within a confidential relationship. Any private person who fails to report suspected
child abuse, having acquired the information in the discharge of his or her professional responsibilities,
commits a summary conviction offence.
Similarly, school personnel, doctors and other professionals may, in the course of delivering services,
receive information which causes them to suspect that a child has been sexually abused. It is possible
that the information obtained includes the identity of the perpetrator. The alleged perpetrator may be a
person who is unknown to the reporter of the offence, but the suspicion could also involve a colleague,
co-worker, friend or other associate. The obligation to report is unrestricted by any pre-condition that the
complaint be first reported within the respective departments, services or agencies, even if the perpetrator
is alleged to be an employee of that institution, service or agency. Thus,a person who has knowledge
that an offence has been committed under the child can directly report it to the police or magistrate.
(1) Why report?
The purpose of reporting is to identify children suspected to be victims of sexual abuse and to
prevent them from coming to further harm. Without detection, reporting and intervention, these children
may remain victims for the rest of their lives, carrying the scars of the abuse throughout their lives and
even, in some cases, repeating the pattern of abuse with their own children.
40 The Arunachal Pradesh Extraordinary Gazette, June 11, 2026
However, the nature of sexual abuse, the shame that the child victim feels and the possible
involvement of a parent, family friend or other close person, makes it extremely difficult for children to
come forward to report sexual abuse. This is why, the law provides for mandatory reporting, placing the
responsibility to report not on the child but on a surrounding adult who may be in a better position to help.
(2) Obligation to inform the child :
The Act does not lay down that a mandatory reporter has the obligation to inform the child and/ or
his/her parents or guardian about his/her duty to report. However, it is good practice to let them know that
this will need to be done.
For example, where a doctor is confronted with a situation where a child brought into his/her care
is exhibiting symptoms of child sexual abuse, he should inform the child and/ or his/her care giver that he
has a legal duty to report the abuse. This will help establish an open relationship and minimize the child's
feelings of betrayal if a report needs to be made. When possible, discuss the need to make a child abuse
report with the family. However, be aware that there are certain situations where if the family is warned
about the assessment process, the child may be at risk for further abuse, or the family may leave with
the child.
(3) What to report?
Explain, as well as you can, what happened or is happening to the child. Describe the nature of the
abuse or neglect and the involved parties. Be as specific as possible. Be prepared to give the name,
address and telephone number of the child and also the name of the parent or caretaker if known. Even
if you do not know all of this information, report what you do know. Tell all you know about the situation.
However, the reporter is not expected to investigate the matter, know the legal definitions of child
abuse and neglect, or even know the name of the perpetrator. This should be left to the police and other
investigative agencies.
A report of sexual abuse should contain the following information, if it is known:
(i)
The names and home address of the child and the child's parents or other persons believed to be
responsible for the child's care.
(ii) The child's present whereabouts.
(iii) The child's age.
(iv) The nature and extent of the child's injuries, including any evidence of previous injuries.
(v) The name, age and condition of other children in the same household.
(vi) Any other information that you believe may be helpful in establishing the cause of the abuse to the
child.
(vii) The identity of the person or persons responsible for the abuse or neglect to the child, if known
(viii) Your name and address.
(4) Sanctions :
4.1. Failure to report child abuse: The POCSO Act, 2012 provides under Section 21(1) that any person,
who fails to report the commission of an offence or who fails to record such offence shall be punished
with imprisonment of either description which may extend to six months or with fine or with both.
4.2. Reporting false information : The POCSO Act, 2012 makes it an offence to report false information,
when such report is made other than in good faith. It states that any person, who makes false
complaint or provides false information against any person, in respect of an offence committed under
Sections 3, 5, 7 and Section 9, solely with the intention to humiliate, extort or threaten or defame him,
shall be punished with imprisonment for a term which may extend to six months or with fine or with both.
Where such information is provided against a child, the punishment may extend to one year.
4.3. Repeal and savings : The Guidelines framed under Section 39 of POCSO Act, 2012 for use of
Professional and Experts adopted by the Government of Arunachal Pradesh is hereby
superseded.
Not with standing such supersession, any action taken under the said Guidelines shall be
construed to have been validly taken under the corresponding provisions of this Guidelines.
The Arunachal Pradesh Extraordinary Gazette, June 11, 2026 41
FORM- A
Monthly Report by Support Person
1. CASE INFORMATION
(i)
FIR/DD.NO
(ii)
U/Section
(iii)
Police Station
(iv)
Date and time
(v)
CWC Case no.
(vi)
CWC name and address
(vii)
Name and number of I.O.
2.
SOCIAL BACK GROUND OF THE CHILD
(i)
Name:
(ii)
Father/Mother/Guardian's name
(iii)
Age/Date of birth
(iv)
Address
(v)
Religion (i ) Hindu (OC/BC/ SC/ST) (ii) Muslim/
Christian/ Other (pl. specify)
(vi)
Whether the child is differently abled :
(i ) Hearing Impairment (ii) Speech Impairment
(iii) Physically disabled (iv) Mentally disabled
(v) Others (please specify):
(vii)
Family History
(viii)
Economic Category
(xi)
The details of education of the child :
(i ) Illiterate (ii) Studied up to V Standard
(iii) Studied above V Standard but below
VIII Standard (iv) Studied above VIII Standard
but below X Standard (v) Studied above
X Standard
(x)
Name of the Support Person
(xi)
Date of Referral
(xii)
Date of First Visit
3. No. of Visit Done :
42 The Arunachal Pradesh Extraordinary Gazette, June 11, 2026
4. BRIEF OF THE VISIT (it may also indicate the status of victim compensation)
5. ASSESSMENT REPORT
(i)
Psychological need
(ii)
Medical need
(iii)
Financial need
(iv)
Educational need
(v)
Legal need
(vi)
Any other need
OBSERVATIONS AND RECOMMENDATIONS :
Date of submission :
The Arunachal Pradesh Extraordinary Gazette, June 11, 2026 43
TERMS OF REFERENCE FOR SUPPORT PERSONS
The following Terms of Reference shall be read in continuation of the “Amendment Guidelines with
respect to Support Persons of Para 3 of Chapter 6 of Guidelines under Section 39 of the POCSO
Act, 2012” issued under Section 39 of The POCSO Act, 2012 by the Women and Child Development
Department and shall be applicable in each case where and when the need shall so arise
1. DEFINITION AND DUTIES OF A SUPPORT PERSON :
The definition of a support person is as stated under rule 2(1)(f) & Rule 5(6) of the POCSO Rules, 2020.
2. VOLUNTARY DISCHARGE MECHANISM FOR SUPPORT PERSONS :
A support person may seek discharge from their duties in a particular case for reasons Including;
(i)
When there is a breakdown in communication with the child and/or their family despite repeated
attempts on the part of the support person or
(ii)
When the support person faces significant challenges threats, or risk to their Safety in the course of
their work.
Such discharge shall be sought from the CWC that assigned the case to the support persons, And
the CWC shall verify the request and not unreasonable deny the request for discharge.
3. GRIEVANCE REDRESSAL MECHANISM FOR SUPPORT PERSONS :
(I)
Grievance Redressal Authority ; The DC who is the Chairperson of DCPU shall be the Grievance
Redressal Authority responsible for addressing grievances raised by support persons concerning:
(a) Non-payment of remuneration and/ or other matters concerning remuneration,
(b) Threat to Support Person's person or property in the course of discharge of their duties, and
(c) Any other hindrances to the discharge of their duties.
The DC shall dispose of the said complaint within a period of 30 days from the date of receipt of
such complaint.
(II)
Appeal : All appeals against the resolution of complaint passed by the DC shall lie with the State
Commission for Protection of Child Rights.
4. REAPPOINTMENT OF SUPPORT PERSONS :
In cases of termination or discontinuation of a support person's tenure a new support Person must
be appointed within 7 working days to ensure uninterrupted support for the Child and continuity of assistance
throughout the legal process.
Mimum Tayeng, IAS
Commissioner,
Women and Child Development Department,
Government of Arunachal Pradesh,
Itanagar.
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Published and printed by Directorate of Printing and Stationery, Naharlagun-482/2026-DoP-250-6-2026