Police officers should not be in uniform while recording the statement of a victim under POCSO Act, Aribam Guneshwar Sharma, chairman, DLSA, Tamenglong, Imphal West and Chandel, said on Saturday.
Sharma was speaking as a resource person on salient features of the POCSO Act during an online capacity building programme cum interaction programme organised by the District Legal Services Authority (DLSA), Tamenglong on ‘Investigation of cases registered under POCSO Act and other crimes against women’ in collaboration with DLSA, Imphal West and Chandel.
The said programme was sponsored by the Manipur State Legal Services Authority (MASLSA) under the aegis of the National Legal Services Authority (NLSA).
He highlighted the process in recording statements of children under the Act. Statement of the victim is to be recorded at the residence of the child or at a place where he usually resides or at the place of his choice and as far as practicable by a woman police officer not below the rank of sub-inspector, he said.
POCSO covers the offences of sexual harassment (not touching body), sexual assault (touching body), penetrative sexual assault and others: such as pornography, non-reporting and false complaint; reporting of cases; duties of police; recording of statements, compensation etc. The object of the Act is to protect children from sexual assault, harassment and pornography, he added.
The POCSO Act deals with victim of sexual assault below 18 years of age, he continued. The accused and the victims are gender neutral.
Police officers should ensure that the child does not come in contact with the accused in any way in the examination during investigation. No child shouls be detained in the police station at night for any reason, he mentioned.
Those children in conflict with law who are alleged to have committed offences under the POCSO Act or other laws shall be dealt under the Juvenile Justice (Care and Protection of Children) Act, 2015 which has been enacted only for two types of children namely Child in Conflict with Law and Child in Need of Care and Protection, he further said.
The victim girls as Children in Need of Care and Protection are to be produced before the Child Welfare Committee of the district concerned for their rehabilitation, he added. "It is appealed to all the investigating officers not to register cases under the POCSO Act at the option of parents or guardians of the victim without considering material facts and circumstances of the case," he said.
Additional SP, Imphal West, Rattana Ngasepam, spoke on the guidelines on investigation of crime against women and children. She stated the importance of zero FIR, medical examination of victims, creating a friendly environment, spot investigation, maintaining dignity of the women victim, rehabilitation of victims in cooperation with women helpline, shelter home, etc.
She elaborated on the need to give counselling to both the victim as well as her family members; importance of case diary and forensic expert based on facts and circumstances of the case, etc. She urged all the investigating officers to update their knowledge for prompt and effective investigation of such cases.
Secretary, DLSA, Tamenglong expressed that the programme was organised to re-sensitize all the investigating officers under the jurisdiction of Tamenglong, Noney, Imphal West, Chandel and Tengnoupal.
The programme aimed to make investigating agency an effective and efficient instrument for all criminal cases; to make investigation speedy and just; bring faithful and fruitful result of the investigation; provide the right of the accused to have fair investigation; ensure transparency in the criminal justice system; ensure special precautions as mandated by relevant provisions of law while investigating cases under the Protection of Children from Sexual Offences Act, 2012 (the POCSO Act) and other crimes against women.
