Tuesday, 10 May 2016

Procedure to be followed in case of a abused child.

From: help.org [mail from: sp@vzm.appolice.gov.in ]
Sent: 6 May 2016 12:25 PM
To: Program Officer - HELP
Subject:  Procedure to be followed in case of a abused child.

Respected  Sir,
Please explain the procudere to be followed in case of a abused child under this Juvenilce Justice (CPC) Act, 2015?
Thanking you sir,
O/o. SPs office/DCRB
Vizianagaram  District.

 Abused Child
          This category of children includes all children who are subjected to any form of physical/emotional/mental harm and includes cases of sexual abuse of children)-POCSO Act 2012, which is gender-neutral, child-centric procedural law envisages several measures to ensure child (below 18 yrs) is made comfortable during the  entire process  of  investigation  and trial.
a)         On a complaint of cognizable offence where the victim is  a child, concerned Police officer shall record the complaint promptly and accurately, register FIR and take up investigation.
b)         The investigation of the case shall be made over to an officer not below the rank of Sub-Inspector, preferably a lady officer, sensitized by imparting appropriate training to deal with child victims of sexual abuse.  In case of  Sec. 3 r/w 4 of POCSO Act, Inspector of Police  is  the Investigating Officer, while SDPO is the  I.O. in cases of  Aggravated Penetrative Sexual Assault  (Sec. 5 r/w 6 of POCSO Act)
c)         The statement of the victim shall be recorded verbatim by audio-video electronic means u/s 161(3) CrPC, as well as his/her statement (audio-video) before the court u/s 164 Cr.PC
d)         The officer recording the statement of the child victim should not be in Police uniform.
e)         The statement of the child victim shall be recorded at the residence of the victim or any other place where the victim can make a statement freely without fear.
f)          The statement should be recorded promptly without any loss of time. As far as possible the statement of the victim child should be recorded in question answer form. When the victim child is of a tender age and is unable to describe/give details of the offensive act, any gesture made by the child, keeping in mind the child’s age and capacity, should also be taken note of by the Police officer concerned.
g)         The parents of the child or any other person in whom the child reposes trust and confidence will be allowed to remain present.
h)         The investigating officer to ensure that at no point the child victims should come in contact with the accused.
i)          The child victim shall not be kept in the Police station overnight on any pretext, whatsoever, including medical examination.
j)          The Investigating officer recording the statement of the child victim shall ensure that the victim is made comfortable before proceeding to record the statement and that the statement carries accurate narration of the incident covering all relevant aspects of the case.
k)         In the event the Investigating officer should so feel the necessity, he may take assistance of a counselor/psychologist/psychiatrist.
l)          The Investigating officers shall ensure that the child victim is medically examined at the earliest preferably within 24 hours (in accordance with section 164 A Cr.P.C) at the nearest Government hospital or hospital recognized by the Government and obtain report.
m)       The Investigating Officer shall ensure that the Investigating team visits the site of the crime at the earliest to secure and collect all incriminating evidence available, under his personal supervision.
n)         The Investigating officer shall promptly send for forensic examination clothing and articles necessary to be examined, to the forensic laboratory which shall deal with such cases on priority basis to make its report available at an early date.
The investigation of the cases involving sexually abused child be investigated on a priority basis by Inspector of Police for offences u/s 3 r/w 4, by SDPOs u/s 5 r/w 6 of POCSO Act and completed preferably within ninety days of the registration of the case as per Sec 173 (1) A Cr.PC. The investigation shall be periodically supervised by senior officer(s).

Thanking you sir.... 

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