Cover image featuring abstract paths and figures symbolizing judicial processes and survivor narratives. Title: "The Verdict and Beyond," highlighting 2024 report on child sexual abuse cases. Logos at the bottom.
AUTHORS
Swagata Raha
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RESEARCH:
2019-2021
|
PUBLISHED
2024

The Verdict and Beyond: Judicial Trends and Survivor Narratives in Child Sexual Abuse Cases

Criminalisation & Punishment

The study aimed to analyse 264 judgments (2019–2021) under the POCSO Act and IPC involving sexual offences against children, with a focus on victim–accused profiles, evidentiary practices, judicial outcomes, and sentencing. Additionally, to evaluate the extent of compliance with child-friendly procedures mandated under the POCSO framework, incorporating the perspectives of survivors, families, and civil society organisations working with child survivors.

Process

1.Analyse the profile of victims, accused, and informants; the relationship between the victim and the accused; age-determination process; nature of testimony of victims and informants; appreciation of medical evidence; application of presumptions; judicial outcomes; award of compensation, and the sentences passed in cases of penetrative sexual offences against children that attract the death penalty under the POCSO Act and IPC.

2.Examine the compliance of the police, doctors, Magistrates, and Special Courts with child-friendly procedures laid down in the POCSO Act and Rules.

3.Explore conceptions of justice and “justice needs” in the context of sexual violence.

4.Formulate recommendations to improve the experiences of child survivors of sexual abuse in the criminal justice system and ensure effective implementation of child-friendly procedures in cases of child sexual abuse, and offer suggestions on reimagining justice and sentencing.

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