Mandatory Reporting of Child Sexual Abuse Under POCSO Act 2012 [ Sec 19 the POCSO Act 2019] Amended

Описание: Mandatory Reporting of Child Sexual Abuse Under POCSO Act 2012 [ Sec 19 of the POCSO Act 2012]

Section 19 of the POCSO Act, 2012 requires mandatory reporting of cases of child sexual
abuse to the law enforcement authorities, and applies to everyone including parents, doctors and
school personnel. Failure to report a suspicion of child abuse is an offence under the Act. The
legislation makes it clear that the reporting obligation exists whether the information was
acquired through the discharge of professional duties or within a confidential relationship. Any
private person who fails to report suspected child abuse, having acquired the information in the
discharge of his or her professional responsibilities, commits a summary conviction offence.


Similarly, school personnel, doctors and other professionals may, in the course of delivering
services, receive information which causes them to suspect that a child has been sexually abused.
It is possible that the information obtained includes the identity of the perpetrator. The alleged
perpetrator may be a person who is unknown to the reporter of the offence, but the suspicion
could also involve a colleague, co-worker, friend or other associate. The obligation to report is
unrestricted by any pre-condition that the complaint be first reported within the respective
departments, services or agencies, even if the perpetrator is alleged to be an employee of that
institution, service or agency. Thus, a person who has knowledge that an offence has been
committed under the child can directly report it to the police or magistrate

1. Why report?

The purpose of reporting is to identify children suspected to be victims of sexual abuse and to
prevent them from coming to further harm. Without detection, reporting and intervention, these
children may remain victims for the rest of their lives, carrying the scars of the abuse throughout
their lives and even, in some cases, repeating the pattern of abuse with their own children.
However, the nature of sexual abuse, the shame that eh child victim feels and the possible
involvement of a parent, family friend or other close person, makes it extremely difficult for
children to come forward to report sexual abuse. This is why the law provides for mandatory
reporting, placing the responsibility to report not on the child but on a surrounding adult who
may be in a better position to help.

2. Obligation to inform the child

The Act does not lay down that a mandatory reporter has the obligation to inform the child and/
or his/her parents or guardian about his/her duty to report. However, it is good practice to let
them know that this will need to be done. For example, where a doctor is confronted with a situation where a child brought into his/her care is exhibiting symptoms of child sexual abuse, he should inform the child and/or his/her caregiver that he has a legal duty to report the abuse. This will help establish an open relationship and minimize the child‟s feelings of betrayal if a report needs to be made. When possible, discuss the need to make a child abuse report with the family. However, be aware that there are certain situations where if the family is warned about the assessment process, the child may be at risk for further abuse, or the family may leave with the child.

3. What to Report?

Explain, as well as you can, what happened or is happening to the child. Describe the nature of
the abuse or neglect and the involved parties. Be as specific as possible. Be prepared to give the
name, address, and telephone number of the child and also the name of the parent or caretaker if
known. Even if you do not know all of this information, report what you do know. Tell all you
know about the situation.

However, the reporter is not expected to investigate the matter, know the legal definitions of
child abuse and neglect, or even know the name of the perpetrator. This should be left to the
police and other investigative agencies

4. Failure to Report Child Abuse

The POCSO Act, 2012 provides under Section 21(1) that any person, who fails to report the
commission of an offence or who fails to record such offence shall be punished with
imprisonment of either description which may extend to six months or with fine or with both.