Section 19 of The Protection of Children from Sexual Offences Act, 2012
- (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 subsection (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).
Summary
- Anyone who knows or suspects that an offence under the Act has been committed, or is likely to be committed, must report it immediately to the local police or the Special Juvenile Police Unit.
- The police must write down the report, assign it an official entry number, read it back to the person who reported it, and log it in their official record book.
- When a child reports an offence, the police must write down the details in simple, easy to understand language, and must provide a qualified translator or interpreter if the child does not understand.
- If a child needs immediate care and protection, the police must record the reasons in writing and arrange shelter or hospital admission within twenty-four hours of the report.
- Within twenty-four hours of receiving the report, the police must notify the Child Welfare Committee and the Special Court, or the Court of Session if no Special Court is designated.
- Any person who reports an offence in good faith (meaning with honest intentions) is fully protected from both civil lawsuits and criminal charges.
Practical examples
FAQ
1. Who is required to report an offence or suspected offence under POCSO?
Any person, including the child victim, who has knowledge or a suspicion that an offence under the Act has been committed or is likely to be committed, must report it.
2. To whom should the report of an offence be made?
The report must be made to either the Special Juvenile Police Unit or the local police.
3. What happens if a child reports the offence but does not understand the language being used?
The police must provide a translator or an interpreter who has the prescribed qualifications and experience, with fees paid as prescribed, to help the child understand.
4. Within what timeframe must the police arrange care and protection for a child who needs it?
The police must make immediate arrangements, including admitting the child to a shelter home or the nearest hospital, within twenty-four hours of the report, after recording the reasons in writing.
5. Within what timeframe must the police report the matter to other authorities?
The police must report the matter to the Child Welfare Committee and the Special Court (or Court of Session if no Special Court is designated) within twenty-four hours of the report.
Test yourself
Q1.Under Section 19 of The Protection of Children from Sexual Offences Act, 2012, which of the following authorities must be directly informed by a person who has an apprehension that an offence under the Act is likely to be committed?
Q2.Under Section 19 of The Protection of Children from Sexual Offences Act, 2012, within what maximum timeframe must the police report the matter to the Child Welfare Committee and the Special Court?
Q3.Under Section 19 of The Protection of Children from Sexual Offences Act, 2012, what protection is guaranteed to a person who provides information about a suspected offence in good faith?
Q4.Under Section 19 of The Protection of Children from Sexual Offences Act, 2012, how must the police record a report when it is given directly by a child?