BACK TO POCSO Act 2012
POCSO Act 2012
Section 19
Reporting of Offences
THE STATUTE
Original Text
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) read over to the informant;
(c) if the informant so desires, given to him free of charge.
(3) Where a report under sub-section (1) is made by a child, it shall be recorded in a simple language so that the child understands the contents of the report.
(4) Where the report under sub-section (1) relates to the apprehension of an offence being committed in the next 24 hours, the Special Juvenile Police Unit or local police shall immediately make such arrangements as are necessary to ensure the safety of the child.
(5) The Special Juvenile Police Unit or local police shall, without unnecessary delay, report the matter to the Child Welfare Committee and to the Special Court or, where no Special Court has been designated, to the Court of Session, including in the report the circumstances and reasons on account of which a child is in need of care and protection.
(6) The Special Juvenile Police Unit or local police shall take charge of the child and by producing the child before the Child Welfare Committee within twenty-four hours, provide for the care and protection of the child, including making arrangements for shelter, if required.
(7) No person shall incur any liability, whether civil or criminal, for giving in good faith any information under sub-section (1) of section 19.
Legal Commentary
Section 19 is the mandatory reporting framework of the POCSO Act — it creates a legally enforceable obligation on every person who has knowledge or apprehension of a POCSO offence to immediately report it to police. This is one of the most significant departures from ordinary criminal law, which leaves reporting to the victim or their family.
**Universal reporting obligation — not just professionals:** Unlike mandatory reporting laws in some countries (which apply only to specified professionals like doctors, teachers, social workers), Section 19 applies to 'any person' — including a neighbour who hears abuse, a relative who suspects it, or the child herself. There are no exceptions: every person who has knowledge or apprehension of a POCSO offence is legally required to report.
**'Apprehension' — suspected abuse is reportable:** The threshold is 'apprehension' — not certainty. A person who reasonably suspects that a POCSO offence has been or is likely to be committed is obligated to report. This lowers the reporting threshold significantly compared to requiring proof before reporting.
**Child can report directly (Section 19(3)):** The child herself is explicitly included as a reporter. When the child reports, the report must be recorded in simple language she understands. Police cannot decline to register a child's report or dismiss it as unreliable merely because of the child's age.
**Police obligations (Sections 19(2)–(6)):** Once a report is received, police must:
- Assign an entry number and record it in writing
- Read it back to the informant
- Provide a free copy if requested
- Report to the Child Welfare Committee within 24 hours
- Ensure the child's care and protection, including shelter if needed
- In imminent danger cases, take immediate protective action
**Immunity for good-faith reporters (Section 19(7)):** A person who reports in good faith cannot be held liable civilly or criminally even if the apprehension turns out to be unfounded. This immunity is critical — without it, fear of civil defamation suits or false case liabilities would deter reporting.
**Failure to report (Section 21):** Non-reporting is itself an offence. A person who has knowledge of a POCSO offence and fails to report can be prosecuted under Section 21 — up to 6 months imprisonment and/or fine.
Questions & Answers
Every person — no exceptions. Any person who apprehends that a POCSO offence has been committed or is likely to be committed must report immediately to the Special Juvenile Police Unit or local police. This includes the child herself, neighbours, relatives, teachers, doctors, and any bystander.
Yes — they are covered by the universal 'any person' obligation in Section 19. Additionally, Section 21 specifically increases punishment when a person in charge of an institution fails to report an offence against a child in that institution — effectively targeting institutional professionals for heightened accountability.
Section 19(7) provides complete immunity — no civil or criminal liability for good-faith reporting. A teacher who reports suspected abuse that turns out to be unfounded cannot be sued for defamation or prosecuted for making a false report, as long as the report was made honestly and in good faith.
No. Section 19 requires police to assign an entry number, record the report in writing, and read it back to the informant. There is no provision allowing police to refuse registration. If police decline to register, the person can report to a Magistrate under Section 156(3) CrPC (now BNSS equivalent) or directly to the SJPU.