Contents
- How to File an FIR
- Your Rights at a Police Station
- Understanding the POCSO Act
- The Domestic Violence Act (DV Act)
- Workplace Sexual Harassment (POSH Act)
- Free Legal Aid — Who is Eligible
- Important Helpline Numbers
1
How to File an FIR
A First Information Report (FIR) is the first step in starting a criminal case. It is a written document prepared by the police based on your complaint. Filing an FIR is your right — the police cannot refuse to register it.
What is an FIR?
An FIR is a document registered by the police when they receive information about a cognizable offence (a serious crime where police can arrest without a warrant). Crimes against women — including rape, domestic violence, stalking, and sexual assault — are all cognizable offences.
Steps to File an FIR
- Go to the nearest police station. You can go to any police station — it does not have to be in the area where the crime happened.
- Ask to speak to the Station House Officer (SHO) or the officer on duty. For crimes against women, ask for a woman officer if available.
- Give your complaint verbally or in writing. The officer must write it down and read it back to you. Make sure all details are correct.
- Sign the FIR only after verifying the contents are accurate. If you cannot read, the FIR must be read aloud to you.
- You are entitled to a free copy of the FIR. Ask for it before you leave. Keep it safe.
If the police refuse to file an FIR
- Send a written complaint by post to the Superintendent of Police (SP) of the district.
- File a complaint with the District Magistrate (DM).
- Approach the Kerala State Women's Commission.
- File a complaint online at cybercrime.gov.in for cyber/online offences.
Zero FIR
You can file a "Zero FIR" at any police station regardless of jurisdiction. The police must register it and transfer it to the correct station. This is especially useful in emergencies when you are far from home.
2
Your Rights at a Police Station
As a survivor, you have specific legal rights when you visit or are taken to a police station. These rights are protected by the Indian Constitution and the Code of Criminal Procedure (CrPC).
Right to be heardYou cannot be turned away. The police must listen to your complaint.
Right to a woman officerFor crimes of sexual nature, a woman officer must record your statement.
Right to free FIR copyYou must receive a copy of your FIR at no charge.
Right to legal aidYou are entitled to a free lawyer if you cannot afford one.
Right to medical careYou must be taken for medical examination if needed. Government hospitals cannot refuse.
Right to privacyYour statement must be recorded in private, not in a public area of the station.
Right against night arrestA woman cannot be arrested after sunset and before sunrise except in exceptional cases with a female officer present.
Right to inform familyIf detained, you have the right to inform a family member or friend.
Recording statement under Section 164 CrPC
In cases of sexual assault, your statement can be recorded before a Magistrate under Section 164 CrPC. This is important because it becomes strong evidence in court and the police cannot later alter or deny it.
3
Understanding the POCSO Act
The Protection of Children from Sexual Offences (POCSO) Act, 2012 is a special law that protects children under 18 years of age from sexual abuse, harassment, and exploitation.
Who does POCSO protect?
Every person under the age of 18, regardless of gender. The accused can be anyone — a stranger, a family member, a teacher, or a known person.
Key provisions
- Mandatory reporting: Any person who knows about sexual abuse of a child is legally required to report it to the police. Failure to report is itself a crime.
- Child-friendly procedures: The child's statement must be recorded at their home or a place of their choice — not at a police station.
- Special courts: POCSO cases are heard in designated Special Courts to ensure speedy trials.
- Identity protection: The child's name and identity must never be disclosed publicly or in media.
- Burden of proof on accused: In most POCSO offences, the accused must prove they are innocent — not the child.
- Compensation: The child/family can apply for interim compensation from the court even before the trial ends.
How to report POCSO abuse
- Call Childline: 1098 (free, 24/7)
- Report to nearest police station — they must file an FIR immediately
- Contact the District Child Protection Officer (DCPO)
- Approach the Child Welfare Committee (CWC)
4
The Domestic Violence Act (DV Act)
The Protection of Women from Domestic Violence Act, 2005 (DV Act) provides civil remedies to women who are subjected to domestic violence. It covers not just physical violence but also emotional, verbal, sexual, and economic abuse.
Who can seek help under the DV Act?
Any woman who lives or has lived in a shared household with the abuser — including wives, daughters-in-law, sisters, mothers, or women in live-in relationships.
Types of relief available
- Protection Order: The court can prohibit the abuser from committing violence, entering your workplace or home, or contacting you.
- Residence Order: You have the right to continue living in the shared household. The abuser can be removed.
- Monetary Relief: You can claim compensation for losses, medical expenses, and maintenance for yourself and children.
- Custody Order: Temporary custody of children can be granted to you.
How to apply
- Contact a Protection Officer (available in every district) or a Service Provider (NGO registered under DV Act).
- File an application (Domestic Incident Report) with the Protection Officer or directly at the Magistrate's court.
- The Magistrate can grant an interim Protection Order on the very first hearing — often within 3 days.
DV Act does not require divorce
Seeking relief under the DV Act does not mean you are filing for divorce. It is a civil remedy to keep you safe. You can use it regardless of your decision about your marriage.
5
Workplace Sexual Harassment (POSH Act)
The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (POSH Act) protects women from sexual harassment at any workplace.
What counts as sexual harassment at work?
Physical contact or advances, demand for sexual favours, showing pornography, making sexual remarks, or any unwelcome verbal or non-verbal sexual conduct.
Your rights under POSH
- Every organisation with 10 or more employees must have an Internal Complaints Committee (ICC).
- If your employer has no ICC, you can approach the Local Complaints Committee (LCC) set up by the District Officer.
- You can file a complaint within 3 months of the last incident (extendable to 6 months).
- You have the right to request a transfer or leave during the inquiry.
- Your identity must be kept confidential throughout the process.
6
Free Legal Aid — Who is Eligible
Every survivor has the right to free legal representation. You do not need money to access justice.
Who is entitled to free legal aid in Kerala?
- Women and children (all cases)
- Victims of trafficking or mass disaster
- Persons with disability
- Persons whose income is below Rs. 1 lakh per year
- Persons in custody
How to get free legal aid
- Contact the Kerala Legal Services Authority (KELSA) — available in every district.
- Visit the District Legal Services Authority (DLSA) office in your district.
- Call the Legal Services helpline: 15100 (toll-free)
- Ask the court directly — every court has a Legal Aid Clinic.
7
Important Helpline Numbers
181
Women's Helpline (Mithra) — Kerala
112
Police Emergency
181
One Stop Centre (Sakhi)
1098
Childline (POCSO / Child abuse)
15100
Legal Services (KELSA) — free legal aid
1091
Women in Distress — National
Connect with a legal volunteer
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