Lawyers who handle cases under the Protection of Children from Sexual Offences Act, 2012 quickly discover that the courtroom is not the only forum that matters. From the moment an offence is reported, the Juvenile Justice machinery — most importantly the Child Welfare Committee constituted under the Juvenile Justice (Care and Protection of Children) Act, 2015 — takes charge of the child's safety, custody and rehabilitation. Understanding the CWC's role is essential for the prosecution, the defence, and above all for families navigating the system in Delhi.
Two tracks, one child
A POCSO complaint sets two parallel processes in motion. The criminal track runs from FIR through investigation to trial before the Special Court. The protection track runs before the Child Welfare Committee — a district-level quasi-judicial body under Section 27 of the JJ Act, 2015, with the powers of a bench of Magistrates for matters concerning children in need of care and protection. The tracks are connected but distinct: the Special Court punishes; the CWC protects.
The CWC's entry point: the 24-hour report
Under the POCSO Rules, 2020, where the police receive information about an offence and the child is without family support, or is in a shelter, or the accused is within the household, or the child otherwise appears to need care and protection, the matter must be placed before the CWC within twenty-four hours. The CWC then conducts an assessment — speaking to the child, the family and the support agencies — and decides the immediate question that the criminal court cannot: where does this child safely live while the case proceeds?
The support person: the system's connective tissue
The POCSO Rules provide for a support person to be assigned to the child, ordinarily through the CWC, drawn from trained social workers or recognised organisations. The support person's role spans the life of the case: preparing the child for statements and testimony without influencing content, attending proceedings, tracking dates, coordinating medical care and counselling, and assisting with interim and final compensation applications. In Delhi, the institutional framework for support persons has grown steadily, and Special Courts expect to be informed whether one has been appointed. For defence counsel, the support person's presence is not an adversary — it is part of the statutory design ensuring the child's participation is voluntary and informed.
Families sometimes perceive the CWC's involvement as interference. In practice, engagement works better than resistance: attending assessments, proposing safe custodial arrangements within the family, and cooperating with counselling directions usually leads the CWC to the least intrusive order consistent with the child's safety.
Where the CWC and the Special Court meet
| Function | CWC | Special Court |
|---|---|---|
| Child's custody and placement during the case | Primary authority | May be informed; can flag concerns |
| Support person appointment | Assigns and supervises | Monitors availability at trial |
| Compensation | Facilitates applications and documents | Awards interim and final compensation |
| Trial, bail, sentence | No role | Exclusive jurisdiction |
| Rehabilitation after the case | Continuing jurisdiction under the JJ Act | None |
Practical pointers
Confirm early whether the case has been reported to the CWC and what orders exist — custody directions affect access to the child for every purpose.
Ask whether a support person has been assigned; if not, the omission is worth raising.
Route compensation groundwork — documents, expenses, schooling needs — through the support person and CWC record.
Remember the CWC's orders are themselves amenable to challenge under the JJ Act hierarchy where they overreach.
The CWC is the part of the POCSO architecture that outlasts the verdict: whatever happens at trial, the child's care and rehabilitation remain its charge. Practitioners who engage with it early serve both the case and the child better. This article is general information and not legal advice in any individual matter.
Frequently Asked Questions
When must the police involve the CWC in a POCSO case?
The POCSO Rules, 2020 require the police or Special Juvenile Police Unit to report the matter to the CWC within twenty-four hours of receiving information, where the child needs care and protection — for instance where the accused is in the child's household or the child has no safe home. The CWC then assesses the child's situation and can pass interim directions about where and with whom the child stays.
Can the CWC remove a child from the family?
Where the alleged offender lives in the same household, or the family cannot protect the child, the CWC can direct that the child be placed with a relative, foster care or a children's home while the assessment proceeds. The guiding standard throughout is the best interests of the child, and the child's own views are to be heard appropriately to age.
What is a support person?
A person assigned — typically by the CWC under the POCSO Rules — to assist the child and family through the investigation and trial: accompanying the child, explaining the process, coordinating counselling, compensation applications and protection needs. Courts have underlined that support persons should be provided as the norm rather than the exception.
Does the CWC decide the criminal case?
No. Guilt and sentence belong exclusively to the Special Court under the POCSO Act. The CWC's jurisdiction is protective — care, custody, rehabilitation and linkage to services — though its records and the support person's reports often inform proceedings before the Special Court, for example on compensation.