On September 16, Assam Public Works Department (PWD) executive engineer Santanu Kumar Nath, was granted temporary bail in the child sexual abuse case.
Nath was charged under Section 6 of the Protection of Children from Sexual Offences Act, 2012 (POCSO), as well as Sections 115 (2), 64(2) (f), 238 and 351(2) of the Bharatiya Nyaya Sanhita ¯¯(BNS), following the filing of an FIR at Azara Police Station on September 3.
EastMojo had previously reported that Nath had fled following the FIR registration.
A source, who spoke to EastMojo on the condition of anonymity, revealed Nath tried to rejoin duty after obtaining bail but was stopped from joining work by a senior department official. However, PWD never issued an order to suspend Nath even when the matter came to light.
The case concerns 16-year-old girl Pahi (name changed), who alleges she was sexually abused by Nath while she was living at his house as a domestic helper. Nath had reportedly harboured Pahi when she was 11 after ensuring her mother that the girl would be enrolled in school while working as a ‘live-in companion’ for Nath’s elderly mother.
Instead, the girl was allegedly never enrolled in school, forced to perform household duties and sexually assaulted by Nath. He also forced her to consume contraceptive pills. She fled Nath’s residence on August 24 and was later placed in the custody of child protection officials.
The case has also raised questions about the handling of the child’s testimony, including the nine-day gap between her escape from Nath’s residence on August 24 and registration of the FIR on September 3.
To understand the law concerning child abuse cases under the POCSO Act 2012, EastMojo spoke with human rights lawyer Liyi Marli Noshi to learn about the grounds for bail as well as the duties of police and authorities.
EastMojo: Let’s start with the basics. What is the POCSO Act?
Liyi: The POCSO Act (Protection of Children from Sexual Offences) was enacted in 2012 to combat child sexual abuse and exploitation. It is a gender-neutral law which protects both boys and girls. The Act defines a child as anyone under the age of 18, and it makes special arrangements for inquiry, statement recording, and trial to limit stress for the victim.
EastMojo: What does Section 6 of the POCSO Act actually mean? Many readers will have heard the term but may not fully understand its definition.
Liyi: Section 6 addresses aggravated penetrative sexual assault. To put it simply, someone who commits aggravated penetrative sexual assault on a child faces a mandatory minimum penalty of 10 years’ rigorous imprisonment. The court may also impose a fine in addition to the punishment, which might include life imprisonment.
EastMojo: Can an accused get bail under the POCSO Act?
Liyi: Yes. An accused can get bail under the POCSO Act, although this is subject to the nature of the offence, the stage of the case, and the court’s assessment.
For serious offences, including aggravated penetrative sexual assault under Section 6, courts generally apply a much stricter rule. The judge considers factors such as the gravity of the allegations, the evidence available, age proof, the possibility of influencing witnesses, intimidating the child, or fleeing the investigation.
EastMojo: Explain anticipatory bail and interim bail? Does bail mean innocence?
Liyi: Anticipatory bail is applied before any arrest occurs. It allows a person who fears arrest or detention to seek court protection in advance, accused of a non-bailable crime. On the other hand, interim bail is temporary relief granted for a limited period until the court decides the main bail application.
No. Bail does not mean the accused has been declared innocent.
EastMojo: What are the police legally required to do immediately after receiving a POCSO complaint?
Liyi: The law requires the police to act immediately, keeping the child’s welfare as the priority. The police must:
- Register the complaint without delay,
- Ensure the child receives urgent medical care if needed,
- Record the child’s statement in a child-friendly manner,
- Inform the Child Welfare Committee and follow POCSO procedures,
- And begin the investigation promptly.
EastMojo: If the accused is absconding, what steps must the police take?
Liyi: If the accused cannot be found, the police are expected to actively trace and apprehend them. They can conduct searches, issue notices and make public notifications where legally appropriate, collect information about the accused’s whereabouts, and take further legal steps available under criminal procedure if the person continues to evade arrest.
EastMojo: Can a government employee continue working while facing POCSO charges?
Liyi: A government employee can, in some cases, technically remain in service while criminal proceedings are pending, but that does not mean they should automatically continue in the same role.
The department has the power to suspend the employee, particularly when serious criminal charges are involved or when the employee’s position could influence witnesses or affect the investigation.
In a POCSO case, where the allegations involve a child and the accused holds a position of authority, the department is expected to consider whether suspension or other administrative action is necessary to protect the integrity of the investigation and public confidence.
Also Read: Promised school, put to work: The case of Assam’s absconding POCSO accused
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