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State of Madhya Pradesh - Section

Section 68 in The M.P. Juvenile Justice (Care and Protection of Children) Rules, 2003

68. Procedure in the case of custodial rape or sexual abuse.

(1)In the event of custodial rape and/or sexual abuse, the action shall be taken as follows :-
(a)In case any resident or any other person has observed, knows or has reason to suspect that sexual abuse has occurred and makes a complaint to the Superintendent or through the grievance box or through Child Line or through any other means or it comes to the notice of the Medical Officer or other staff that one or more of the following general behaviors changes has been observed in a child, a report shall be made to the Juvenile Justice Board or the Child Welfare Committee for a special investigation into the possibility of sexual abuse. It shall be the responsibility of all functionaries to report such suspicions immediately. The report shall be based on observations of sudden onset of behaviors changes such as :-
(i)Copying adult sexual behaviors;
(ii)Persistent sexual play with other children, themselves, toys or pets;
(iii)A sudden increase in sexual knowledge, through language or behaviors, that is beyond what is normal for their age and circumstances;
(iv)Unexplained pain, swelling, bleeding or irritation of the mouth, genital or anal area; urinary infections; sexually transmitted diseases;
(v)Hints, indirect comments or statements about the abuse.
(2)The Juvenile Justice Board shall direct the Special Juvenile Police Unit in the local police station, wherever present to register case against the accused person under the relevant section of the IPC. The Special Juvenile Police Unit will conduct necessary investigations under the supervision of specialized agencies wherever possible. If a functionary of the institution is suspected to be involved the functionaries concerned shall be immediately suspended during pending further inquiry.
(3)If the person suspected of sexually abusing a child is himself or herself a child then the child shall be referred to a specialized institution or any other such agency, for consultation/counseling who shall prescribe the appropriate course of action.
(4)II the child reports sexual abuse/rape after leaving the institution to any person, the person shall bring the same to the notice of the Juvenile Justice Board or Child Welfare Committee who will then institute an inquiry.
(5)In the event of any other crime committed in respect of residents, the Juvenile Justice Board will take cognizance and arrange for necessary investigation to be carried out by Special Juvenile Police Unit under the supervision of specialized agencies wherever possible.
(6)Care shall be taken to ensure that the victimized child receives proper care and physical and psychological treatment and that due care is taken to avoid secondary victimization during the investigation.