Medical examination of child of sexual assault under the protection of children from sexual offences (POSCO), act 2012

The Government of India enacted the Prevention of Children from Sexual Assault Offences (POCSO) Act, 2012 w.e.f. 14/11/2012. The act deals with child sexual abuse cases and to provide the protection to children from the sexual offences and safeguarding the interests & their identity through child-friendly mechanisms for reporting, medical examination, evidence collection, investigation and speedy trial. The Act defines; child (any person below eighteen years), different forms of sexual abuse and prescribes punishment with a maximum term of rigorous imprisonment for life and fine. Whenever doctor suspects that child has been or is being sexually abused, he shall immediately report the matter to the concern police. The non-compliance shall be caused imprisonment up to six months, with or without fine. It's Police's responsibility to take the child to the nearest hospital (government or private). According to section-357C (Cr.PC1973) under section-23 of the criminal law amendment act, all hospitals are bound to give free of cost first-aid or medical treatment to the victim. The section-27 (POCSO Act) and section-164-A (Cr.PC) prescribe that medical examination and collection of forensic evidence shall be carried out within twenty-four hours of receiving the information regarding offence. The examination shall be conducted by a government doctor and if government doctor is not available than any other registered private medical practitioner, with the consent of child or any other person who is competent to give consent. The examination and collection of evidences shall be done in the presence of the parent or any other child's trustworthy person. A female doctor should examine, if the child is female. The section-173, sub-section (5) clause (a) of the POSCO Act bounds doctor to forward the report to the police officer and thereafter investigating officer shall forward the report to the concern magistrate.