The Journey Of A Child Victim Through The Criminal Justice System: A Victimological Analysis Of The POCSO Act, 2012
M. Pushparani, LL.M. (CBCS), School of Excellence in Law, The Tamil Nadu Dr. Ambedkar Law University, Chennai
1. ABSTRACT
Child sexual abuse represents one of the most serious forms of victimisation because its consequences extend far beyond the immediate commission of the offence. A child victim may experience physical injury, psychological trauma, fear, stigma, disruption of education and deterioration of family and social relationships. The vulnerability of children is further intensified when they enter the criminal justice system, where investigation, medical examination, evidence recording and trial may expose them to repeated questioning and the possibility of secondary victimisation. The Protection of Children from Sexual Offences Act, 2012 (POCSO) was enacted to provide a specialised legal framework for addressing sexual offences against children and to incorporate child-sensitive procedures into the criminal justice process.
This article examines the journey of a child victim from the point of victimisation and disclosure through police investigation, medical examination, evidence recording, Special Court proceedings, compensation, support and rehabilitation. Adopting a victimological perspective, the article evaluates whether the POCSO framework sufficiently protects the dignity, privacy, participation, safety and psychological well-being of child victims. It distinguishes between primary victimisation arising from the sexual offence and secondary victimisation that may occur through insensitive institutional and social responses. The article argues that the success of POCSO cannot be measured exclusively through registration of cases, prosecution or conviction. Meaningful child-centred justice must also be assessed by the extent to which the criminal justice system prevents re- traumatisation, enables meaningful participation, provides effective support and facilitates long-term recovery and rehabilitation. The article concludes that while POCSO represents an important transition towards child-sensitive criminal justice, effective implementation, institutional coordination and a stronger victim-centred approach remain essential for transforming legal protection into substantive justice.
Keywords: Child Victim, Victimology, Child Sexual Abuse, POCSO Act, Victimisation, Secondary Victimisation, Child-Centred Justice, Special Courts, Rehabilitation, Victim Rights.
