Digital POCSO Portal, Victim Care & Rehabilitation: Karnataka High Court Formulates Indicative SOP For Minor Sexual Offence Victims

The Karnataka High Court has formulated an indicative Standard Operating Procedure (SOP) for the protection and rehabilitation of minor victims of sexual offences.

The Court was deciding a Writ Petition filed by a 13-year-old minor victim through her mother, who sought termination of her pregnancy, preservation of terminated foetus for DNA testing and analysis, and compensation of Rs. 3 lakhs.

A Single Bench of Justice Suraj Govindaraj observed, “Directions having been issued on several occasions, they continue to be ignored, and there is no compliance. … I am of the opinion that all these could be resolved if a proper Standard Operating Procedure (for short hereinafter referred to as “SOP”), is formulated by the Principal Secretary, Women and Child Welfare and the Director General of Police for all stakeholders to comply with. Until then, I propose to formulate the following indicative SOP, which would be in force until such a SOP is formulated.”

The Bench clarified that the SOP is only indicative and it would be for the experts to formulate a better and more exhaustive SOP, which shall be done as expeditiously as possible.

Advocate K.S. Ponnappa represented the Petitioner, while AGA Saritha Kulkarni and Advocate B.V. Vidhulatha represented the Respondents.

Case Background

The Petitioner was a 13-year-old minor girl (victim) studying in Class 7 at the Government School. Her father was a stonemason and her mother was a daily wage worker. She resided with her parents, younger brother, and her uncle at a rented premises. Her uncle had introduced his friend (accused) to her parents and informed them that his mother had passed away and that he had no one to take care of him. He requested that his friend be permitted to reside with the family.

It was alleged that the accused had a forcible sexual intercourse with the victim and threatened her with dire consequences if she revealed the assaults. Finally, the matter came to light on a medical examination when the victim was found to be pregnant. Hence, an FIR was registered under Sections 4 (2), 5(j), 5(L), and 6 of the Protection of Children from Sexual Offences Act, 2012 (POCSO Act) and under Section 351(2) of the Bharatiya Nyaya Samhita, 2023 (BNS).

Court’s Observations and Directions

The High Court in the above regard, noted, “Taking into consideration the report of the medical Board being of the opinion that the Petitioner is a 13-year-old, it would not be in her interest to continue a forced pregnancy arising out of an offence of rape the request made for MTP is required to be accepted, accepting her right to body autonomy. This is also due to the reason that the Petitioner at her age is not mentally fit to mother a child.”

Standard Operating Procedure

The Court formulated the following indicative SOP for the protection and rehabilitation of minor sexual offence victims –

1. FOUNDATIONAL FRAMEWORK

1.1. Preliminary and Authority

1.2. Purpose, Rationale, and Objectives

1.3. The Primary Objectives of this SOP are:

1.3.1. To guarantee the immediate safety, medical attention, and psychological first aid for every child victim.

1.3.2. To ensure an expeditious, sensitive, and trauma-free investigation by implementing child-friendly procedures at every stage.

1.3.3. To maintain absolute and technologically enforced confidentiality of the victim’s identity in all proceedings and records.

1.3.4. To coordinate a seamless inter-agency response through clearly defined roles, standardised documentation, mandatory time limits.

1.3.5. To provide sustained, and holistic rehabilitation—encompassing education, counselling, and livelihood support—until the child is successfully reintegrated into society as a healthy and productive adult.

1.4. Guiding Principles

This SOP is founded upon a set of non-negotiable principles that must inform every action, decision, and interpretation of its provisions by all stakeholders.

1.4.1. Best Interest of the Child

1.4.2. Trauma-Informed Care

1.4.3. Therapeutic Jurisprudence

1.4.4. Zero Delay Mandate

1.4.5. Restorative Confidence

1.4.6. Confidentiality and Privacy by Design

1.5. Definitions

1.5.1. Child: Any person below the age of eighteen years, as defined in Section 2(d) of the POCSO Act, 2012, and Section 2(12) of the JJ Act, 2015.

1.5.2. Child in Need of Care and Protection (CNCP): Every minor victim of a sexual offence shall be deemed a CNCP under Section 2(14) of the JJ Act, 2015, automatically invoking the jurisdiction and protection of the Child Welfare Committee (CWC) from the moment the offence is reported.

1.5.3. Digital POCSO Portal (DCP): The secure, integrated, cloud-based software platform mandated by this SOP for end to-end case management, inter-agency communication, data sharing, and compliance monitoring.

1.5.4. Pseudonym Identifier (PID): A unique, system-generated alphanumeric code assigned to each victim on the DPP. This PID shall be used in place of the victim's real name in all case records, communications, orders, and judgments to ensure anonymity.

1.5.5. Support Person: An individual appointed by the CWC in accordance with Rule 4(7) of the POCSO Rules, 2020, to render informational, emotional, and practical assistance to the child throughout the investigation and trial process.

1.5.6. Sexual-Assault Response Unit (SARU): A dedicated, 24/7 unit established in designated government and private hospitals, staffed by trained female medical officers, nurses, and counsellors, to provide immediate and comprehensive medico-legal and psychological care to victims.

1.6. Digital Governance and Privacy Architecture

1.6.1. The Digital POCSO Portal (DPP): A Unified Command and Control System

1.6.2. Pseudonym Identifier (PID) and Identity Vault Protocol

1.6.3. Data Security and DPDP Act Compliance

1.6.4. Automated Timelines, Alerts, and Escalation Matrix

1.7. Institutional Roles and Coordination

2. CHRONOLOGICAL WORKFLOW (T = Time from Reporting)

2.1. Reporting and Emergency Response (T=0 to 24 Hours)

2.1.1. Reporting and FIR Registration (T=0 to 2 Hours)

2.1.2. Immediate Medical Care and Forensic Evidence (T=0 to 24 Hours)

2.1.3. Psychological First Aid and Support Person (T=0 to 24 Hours)

2.1.4. Judicial Statement and Safe Shelter (T=0 to 24 Hours post-medical)

2.2. Investigation and Pre-Trial Phase (T=24 Hours to 60/90 Days)

2.3. Trial Phase (T=Month 3 to Month 9)

3. VICTIM CARE AND REHABILITATION (CONTINUOUS)

3.1. Comprehensive Medical and Psychological Care

3.2. Victim Compensation and Financial Support

3.3. Long-Term Rehabilitation and Social Reintegration

4. SPECIAL CIRCUMSTANCES

4.1. Management of Pregnancy and Childbirth

5. IMPLEMENTATION AND ACCOUNTABILITY

5.1. Monitoring, Audits, and Performance Indicators

5.2. Training and Capacity Building

5.3. Grievance Redressal and Review

Coming to the facts of the case, the Court issued a mandamus directing the hospital to take necessary steps to terminate the pregnancy of the victim and preserve the terminated foetus for DNA testing, directing the State to conduct DNA test of the terminated foetus for investigation, to bear the entire expenses of medical termination of pregnancy, and directing the District Legal Services Authority to consider the compensation which is required to be paid in terms of the compensation scheme for women victim/survivors of sexual assault.

Accordingly, the High Court disposed of the case, re-listed on December 13, 2025 for consideration of the report to be filed in pursuance of the general directions which have been issued.

Cause Title- Ms. X v. State of Karnataka & Ors. (Neutral Citation: 2025:KHC:43627)

Click here to read/download the Judgment