POCSO Act Sections 19 and 20: Reporting of Offences and Mandatory Reporting

Sections 19 and 20 of the Protection of Children from Sexual Offences Act, 2012 establish mandatory reporting duties. Section 19 requires information about an apprehended or committed POCSO offence to be given to the Special Juvenile Police Unit or local police and prescribes child-friendly safeguards. Section 20 imposes a specific reporting obligation on personnel of media and specified establishments who encounter sexually exploitative material or objects involving a child.

CHAPTER V - PROCEDURE FOR REPORTING OF CASES

Section 19Any person, including the child, must report an apprehended or known POCSO offence to the Special Juvenile Police Unit or local police.

Section 20Personnel of media and specified establishments must report sexually exploitative material or objects involving a child when they come across them.

Section 19 - Reporting of Offences

(1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), any person (including the child), who has apprehension that an offence under this Act is likely to be committed or has knowledge that such an offence has been committed, he shall provide such information to,-

(a) the Special Juvenile Police Unit; or

(b) the local police.

(2) Every report given under sub-section (1) shall be-

(a) ascribed an entry number and recorded in writing;

(b) be read over to the informant;

(3) Where the report under sub-section (1) is given by a child, the same shall be recorded under sub-section (2) in a simple language so that the child understands contents being recorded.

(4) In case contents are being recorded in the language not understood by the child or wherever it is deemed necessary, a translator or an interpreter, having such qualifications, experience and on payment of such fees as may be prescribed, shall be provided to the child if he fails to understand the same.

(5) Where the Special Juvenile Police Unit or local police is satisfied that the child against whom an offence has been committed is in need of care and protection, then, it shall, after recording the reasons in writing, make immediate arrangement to give him such care and protection including admitting the child into shelter home or to the nearest hospital within twenty-four hours of the report, as may be prescribed.

(6) The Special Juvenile Police Unit or local police shall, without unnecessary delay but within a period of twenty-four hours, report the matter to the Child Welfare Committee and the Special Court or where no Special Court has been designated, to the Court of Session, including need of the child for care and protection and steps taken in this regard.

(7) No person shall incur any liability, whether civil or criminal, for giving the information in good faith for the purpose of sub-section (1).

Key Duties under Section 19

Mandatory reporting

The duty applies to any person, expressly including the child, who apprehends that a POCSO offence is likely to be committed or knows that one has been committed. Information is to be given to the Special Juvenile Police Unit or local police.

Child-friendly recording

Where the child gives the report, it must be recorded in simple language that the child understands. A translator or interpreter must be provided where the statutory conditions in Section 19(4) apply.

Care, protection and the 24-hour requirement

If police are satisfied that the child needs care and protection, Section 19(5) requires immediate arrangements after recording reasons in writing, including shelter or hospital care within twenty-four hours of the report. Section 19(6) separately requires the matter to be reported, without unnecessary delay and within twenty-four hours, to the Child Welfare Committee and Special Court, or the Court of Session where no Special Court is designated.

Good-faith protection: Section 19(7) protects a person from civil or criminal liability for information given in good faith for the purpose of Section 19(1). Failure to report or record a case is separately addressed by Section 21.

Section 20 - Obligation of Media, Studio and Photographic Facilities to Report Cases

Any personnel of the media or hotel or lodge or hospital or club or studio or photographic facilities, by whatever name called, irrespective of the number of persons employed therein, shall, on coming across any material or object which is sexually exploitative of the child (including pornographic, sexually-related or making obscene representation of a child or children) through the use of any medium, shall provide such information to the Special Juvenile Police Unit, or to the local police, as the case may be.

Who Has a Duty under Section 20?

Section 20 expressly covers personnel of the media, hotel, lodge, hospital, club, studio and photographic facilities, whatever name they are called and irrespective of the number of persons employed. The reporting obligation arises when such personnel come across material or an object that is sexually exploitative of a child through any medium, including the categories identified in the section.

POCSO Rules 2020

The Protection of Children from Sexual Offences Rules, 2020 supplement the Act with procedures concerning reporting, care and protection, support services, interpreters, translators, special educators and other child-friendly safeguards. The Act and Rules should therefore be read together when applying Sections 19 and 20.

Definition of Child

Section 2(1)(d) defines a "child" as any person below eighteen years of age. See Section 2 - Definitions and Interpretation.

Official Legal Resources

India Code - Current POCSO Act Ministry of Women and Child Development - POCSO Act and Rules Child Helpline 1098