Section 20 of THE PROTECTION OF CHILDREN FROM SEXUAL OFFENCES ACT, 2012
Original Text
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.
Visual Summary
Who Must Report?
Personnel of Media, Hotels, Lodges, Hospitals, Clubs, Studios, or Photographic Facilities.
What Triggers It?
Coming across material/objects that are sexually exploitative, pornographic, or obscene representations of a child.
Report To Whom?
The Special Juvenile Police Unit (SJPU) OR the Local Police.
Summary
Section 20 of the POCSO Act extends the mandatory reporting obligation beyond general citizens to specific industries that are likely to encounter evidence of child abuse. This section specifically targets establishments like hotels, photo studios, media houses, and hospitals.
If any employee in these sectors discovers material (photos, videos, objects) that depicts the sexual exploitation of a child, they are legally bound to report it immediately. This provision ensures that commercial entities do not turn a blind eye to abuse happening within their premises or processed through their facilities (e.g., a photo lab developing illicit photos).
Key Takeaways
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Specific Entities: Applies to media, hotels, lodges, hospitals, clubs, studios, and photographic facilities. -
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No Size Exemption: The law applies irrespective of the number of employees in the establishment. -
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Scope of Material: Covers pornography, sexually related material, or obscene representations of children. -
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Mandatory Action: Information must be provided to the SJPU or local police.
Process Flowchart
Practice Questions
Which of the following establishments is NOT explicitly mentioned in Section 20?
A) Hotel
B) Studio
C) Grocery Store
D) Club
Correct Answer: C) Grocery Store. While general reporting duties (Section 19) apply to everyone, Section 20 specifically lists media, hotels, lodges, hospitals, clubs, studios, and photographic facilities.
Does Section 20 apply to a small photo studio with only one employee?
Yes. The section states the obligation exists “irrespective of the number of persons employed therein.”
To whom must the information be provided under Section 20?
The information must be provided to the Special Juvenile Police Unit or to the local police.
Related Provisions
Conclusion
Section 20 serves as a critical checkpoint in the fight against child sexual abuse. By placing a legal burden on establishments that facilitate media, accommodation, and photography, the Act aims to uncover abuse that might otherwise remain hidden behind closed hotel doors or within digital files. It reinforces the principle that child protection is a collective responsibility, particularly for businesses that may inadvertently be used to facilitate or record such crimes.