Section 19 Of The Protection Of Children From Sexual Offences Act 2012
Original Text
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;
(c) shall be entered in a book to be kept by the Police Unit.
(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).
Visual Summary
Mandatory Reporting
Any person (including the child) must report known or suspected offences to the Police or SJPU.
Proper Recording
Police must record it in writing, assign an entry number, and read it back to the informant.
Immediate Care
Police must arrange shelter or medical help within 24 hours if the child needs protection.
24-Hour Alert
Police must inform the Child Welfare Committee (CWC) and Special Court within 24 hours.
Summary
Section 19 of the POCSO Act establishes a mandatory legal duty for everyone to report sexual offences against children. Unlike general criminal law where reporting is often optional for bystanders, POCSO requires any person who has knowledge that an offence has been committed, or even an apprehension (suspicion) that it is likely to be committed, to inform the police immediately.
The section places strict procedural duties on the police (specifically the Special Juvenile Police Unit or local police). They cannot simply ignore a complaint. They must record it in writing, give it an entry number, and ensure the informant understands what has been written. If the child is reporting, the language must be simple, and translators must be used if necessary.
Crucially, this section protects the “Good Samaritan.” Subsection (7) explicitly states that anyone reporting in good faith will face no civil or criminal liability. This is designed to encourage whistleblowers, neighbors, and teachers to come forward without fear of legal harassment.
Key Takeaways
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Universal Duty: The obligation to report applies to “any person,” including the child victim themselves. -
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Non-Obstante Clause: This section overrides the Code of Criminal Procedure (CrPC) regarding how information is received. -
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Protection from Liability: Complete immunity from civil or criminal action for anyone reporting in good faith. -
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Mandatory Forwarding: Police must forward the report to the Child Welfare Committee (CWC) and the Special Court within 24 hours. -
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Child-Centric Recording: Statements must be recorded in simple language or with the help of interpreters if the child doesn’t understand the language.
Process Flowchart
Practice Questions
Q1. Who is legally obligated to report an offence under Section 19 of the POCSO Act?
Show Answer
Any person. Section 19(1) states that “any person (including the child)” who has apprehension or knowledge of an offence must report it.
Q2. Within what timeframe must the police report the matter to the Child Welfare Committee and the Special Court?
Show Answer
24 Hours. According to Section 19(6), the report must be made without unnecessary delay but within a period of twenty-four hours.
Q3. What liability does a person incur if they report information in good faith that turns out to be incorrect?
Show Answer
No liability. Section 19(7) protects the informant from any civil or criminal liability for giving information in good faith.
Related Provisions
Conclusion
Section 19 is the gateway to justice within the POCSO Act framework. By making reporting mandatory for all citizens and granting immunity for good faith reporting, the law aims to break the silence that often surrounds child sexual abuse. Furthermore, by mandating immediate police action regarding the child’s care and reporting to the CWC within 24 hours, the section prioritizes the safety and welfare of the child above procedural formalities.