Union Minister for Women and Child Development Maneka Gandhi has asserted that adult survivors of child sexual abuse must be allowed to file an FIR at any point in their lifetime.
In a letter this month to Law Minister Ravi Shankar Prasad, a copy of which has been reviewed by The Hindu , Ms. Gandhi wrote that her Ministry was “of the view that cases of child sexual abuse can be reported by the victim at any time and law enforcement agencies would be required to take appropriate action on the complaint of such victim.” She added: “I shall be grateful if the above could be ratified by the Law Ministry.”
The Criminal Procedure Code (CrPC) lays down the time limitations for filing a complaint after an offence has taken place, also known as the statute of limitation. However, there is no time bar for crimes that would attract a jail term of more than three years.
Legal experts say that the Protection of Children from Sexual Offences Act, 2012 — the law that deals with sexual crimes against children — lacks clarity on the statute of limitation.
“POCSO Act does not provide for any period of limitation for reporting the sexual offences,” Ms. Gandhi wrote in her letter. “In fact, Section 19 of the Act makes it mandatory for any person including the victim to report such offences.”
