POCSO matters are tried by a Special Court under procedures built entirely around the child — video-recorded testimony, no direct confrontation with the accused, breaks whenever the child needs them, and a support person throughout. As POCSO lawyer in Gurugram, we work within those procedures rather than around them, for both sides of that courtroom. We represent a family pursuing a case, and a person accused, and never both sides of the same matter, before the Gurgaon (Gurugram) POCSO Special Court, the Punjab & Haryana High Court, and the Supreme Court of India.
What counts as an offence under the POCSO Act
The Protection of Children from Sexual Offences Act, 2012 applies to any person under eighteen, regardless of the offender's relationship to the child, and covers a graded range of conduct:
- Penetrative sexual assault (Section 3) — penetration of any kind, including with an object, or oral contact.
- Aggravated penetrative sexual assault (Section 5) — the same acts committed by a police officer, public servant, member of the armed forces, staff of an educational or religious institution, a relative or person in a position of trust or authority, or where committed by more than one person, causing grievous hurt, or against a child under twelve.
- Sexual assault (Section 7) — non-penetrative sexual contact, touching with sexual intent, or making a child touch.
- Aggravated sexual assault (Section 9) — the same aggravating circumstances as Section 5, applied to non-penetrative contact.
- Sexual harassment (Section 11) — sexually coloured remarks, gestures, stalking, exhibitionism, or showing a child pornographic material.
- Use of a child for pornographic purposes (Sections 13–15) — creating, storing, or transmitting child sexual abuse material, including mere possession without deletion or reporting.
Punishment under the Act
| Provision | What it covers | Punishment |
|---|---|---|
| Section 4 | Penetrative sexual assault | Rigorous imprisonment, 10 years to life, and fine |
| Section 6 | Aggravated penetrative sexual assault | Rigorous imprisonment of not less than 20 years, extendable to life imprisonment for the remainder of natural life, or death, and fine |
| Section 8 | Sexual assault | Imprisonment of 3 to 5 years, and fine |
| Section 10 | Aggravated sexual assault | Imprisonment of 5 to 7 years, and fine |
| Section 12 | Sexual harassment | Imprisonment up to 3 years, and fine |
| Section 14/15 | Using a child for pornographic purposes; storage of child sexual abuse material | Imprisonment ranging from 3 years to life depending on intent and whether the material was transmitted or profited from, and fine |
| Section 21 | Failure to report an offence by anyone in charge of an institution | Imprisonment up to 1 year, or fine, or both |
Where the same act is also an offence under the BNS — for example, penetrative assault that also meets the definition of rape under Section 63 — Section 42 of the POCSO Act provides that the law prescribing the greater punishment applies.
The procedural safeguards that shape every case
- Special Court and in-camera trial. The matter is tried by a designated POCSO Special Court, not the ordinary criminal court, with the child's identity protected and proceedings held in-camera.
- Support person. The child is entitled to a support person under the POCSO Rules to assist through the investigation and trial, in addition to counsel for the family.
- Statement and evidence. The statement is recorded under Section 164 CrPC / Section 183 BNSS, and the child's evidence is meant to be recorded within thirty days of the Special Court taking cognizance, using child-friendly methods — video-conferencing, screens, or a single-window testimony with breaks, so the child is not repeatedly questioned or confronted with the accused.
- Trial timeline. The Special Court is expected to complete the trial, as far as possible, within one year of taking cognizance.
- Mandatory reporting. Anyone with knowledge of an offence, including institutional staff, is legally required to report it; failing to do so is itself punishable under Section 21.
Immediate steps after disclosure
- Believe the child and stay calm in front of them — how the first conversation goes affects both the child and the strength of the eventual statement.
- Do not question the child repeatedly or in detail yourself; repeated retelling can affect the child and, later, the consistency the defence will test.
- Report to the police or Childline (1098) — reporting is mandatory in law, and any delay should be explained honestly rather than concealed.
- Seek a medical examination under Section 27 of the Act, which must be conducted in the presence of a parent or a person the child trusts, and, where the child is a girl, by a woman doctor where possible.
- Get legal advice early so the Section 164/183 statement, the support person's involvement, and the compensation application are handled correctly from the outset.
For a family pursuing a case
- The FIR and statement. We ensure the complaint is registered without delay and the statement is recorded under Section 164 CrPC / Section 183 BNSS the way the Act requires.
- Support person and in-camera protections. We make sure the child has the support person, screening, and identity protections the Act entitles them to, from the first police interaction onward.
- Compensation. Interim compensation under the POCSO Rules and the state's victim compensation scheme can be applied for early, and final compensation at the conclusion of trial — both are regularly overlooked if no one applies, so we apply for them proactively.
- Keeping the investigation and trial moving. We follow the chargesheet timeline, ensure the child's evidence is recorded within the statutory window, and move the court where either stalls.
For a person accused
The Act reverses the presumption on certain elements — under Section 29, once the prosecution proves the foundational facts, the court presumes the offence unless the accused rebuts it, and Section 30 presumes culpable mental state. That makes early, careful preparation more important, not less. We build the defence on:
- Age documentation — the age of the complainant is often central, and is established or contested through school records, birth certificates, or ossification tests where records are unavailable or disputed.
- The sequence of events and the circumstances in which the complaint was first made, tested against the Section 164/183 statement and the FIR.
- Electronic communications between the parties, which frequently matter where the fact pattern involves an adolescent relationship rather than an assault by a stranger.
- A significant share of POCSO FIRs in Haryana arise from consensual relationships between adolescents close in age, discovered by a family and reported, or from a family or property dispute — establishing that pattern from the record, without minimising genuine cases, is a large part of our defence work in this area.
If a notice or a call from the police comes first: do not ignore it, do not approach the family or the child directly under any circumstances, preserve every message and call record, and get an anticipatory bail application ready in advance rather than after arrest becomes imminent. See also our page on regular and anticipatory bail.
Bail
We contest POCSO bail before the Special Court on the material in the case diary — age evidence, the statement, forensic and medical findings, and the accused's antecedents — and then, where required, before the Punjab & Haryana High Court. We argue it on the record, not on sympathy for either side, and treat the aggravated categories under Section 5 and Section 9 as resisted more strongly by the prosecution than the base offences under Sections 3 and 7.
POCSO or BNS rape — which applies
Where the complainant is under eighteen, POCSO governs rather than, or alongside, BNS Section 63 — the age threshold under POCSO is eighteen regardless of any exception under the BNS. Where the complainant is eighteen or older, the matter proceeds under the BNS rape and sexual offence provisions instead. Our rape and sexual offence page covers that adult-complainant scenario, and our crime against women page covers related matters such as domestic cruelty and harassment that fall outside both statutes.
Which court hears POCSO cases in Gurgaon
POCSO trials in Gurugram are heard by the designated POCSO Special Court at the District Court complex in Sector 30, Gurugram, sitting in-camera. Bail applications go first to the Special Court and, where refused, to the Punjab & Haryana High Court at Chandigarh. Compensation applications are decided by the Special Court alongside, or independent of, the trial itself.
Why clients choose Advocate Rajat Kadyan & Associates
- The advocate you consult is the advocate who appears. We argue POCSO matters in person at every hearing — the person who reads the papers and meets the family at the first consultation is the person who stands up in the Special Court.
- Reachable when it matters. A disclosure, an arrest, or a police call can happen at any hour. In a matter involving a child, we treat that first response as an emergency and triage it ahead of everything else.
- Familiar with both sides of the Special Court. We represent families pursuing a case and the accused defending one — never both in the same matter — which means we handle the support-person process, the statement, and the child-friendly procedures with equal familiarity on either side.
- Fees agreed in writing, before work begins. We set out what will be filed, in which forum, on what ground, and what it costs, in advance, so there is no conversation about money in the middle of a bail hearing or a compensation application.
- Courtroom experience where these cases are actually heard. Regular appearances before the Gurgaon POCSO Special Court, the District & Sessions Court, the Punjab & Haryana High Court, and the Supreme Court of India.
Frequently asked questions
Is bail available in a POCSO case in Gurgaon?
It depends on the offence charged. Bail in the base offences under Sections 3 and 7 is argued on the usual factors — the evidence, the investigation's progress, and antecedents. The aggravated categories under Sections 5 and 9 are resisted more heavily, and anticipatory bail is generally harder to secure where the allegation is of penetrative assault on a young child; each application turns on the specific material on record.
What if the relationship was consensual and both were adolescents?
The POCSO Act sets the age of consent at eighteen without a close-in-age exception, so a consensual relationship involving a minor can still meet the definition of an offence in law. Courts have, on the specific facts of a case, taken the closeness in age and genuine consent into account at the bail and sentencing stage, and in some quashing petitions — but this is decided case by case, not assumed, and is not a defence that can be relied on without the facts to support it.
How is the child's age determined if there's no birth certificate?
Age is normally established through school records or a birth certificate. Where neither is available or they are disputed, the court can order an ossification test or other medical age-determination, which is treated as an estimate with a margin of error rather than an exact figure, and is weighed alongside any other evidence of age.
Does the child have to appear in open court or face the accused?
No. The Act requires child-friendly procedures — testimony recorded via video-conferencing or screening where the child cannot see the accused, breaks as needed, and no aggressive or repeated questioning. Trial proceedings are held in-camera and the child's identity is protected throughout.
How long does a POCSO trial take?
The Act envisages the child's evidence being recorded within thirty days of cognizance and the trial being completed within one year, but the actual timeline depends on the Special Court's docket and the volume of evidence. We discuss realistic timelines case by case.
Is compensation available even before the trial concludes?
Yes. Interim compensation can be applied for under the POCSO Rules and the applicable state victim compensation scheme while the case is pending, separate from any final compensation ordered at the conclusion of trial.
If a child is in immediate danger, call 112. Childline can be reached at 1098.
For a free first consultation, call +91 82954 13475 at any hour, or send the details of your matter.