POCSO Act Section 19 — Reporting of offences

Summary

Sub-section (1) overrides the Code of Criminal Procedure, 1973, and states that any person, including the child, who fears that an offence under this Act is likely to be committed, or who knows that such an offence has been committed, must provide this information to either (a) the Special Juvenile Police Unit, or (b) the local police.

Sub-section (2) requires that every report given under sub-section (1) must be (a) given an entry number and recorded in writing, (b) read over to the informant, and (c) entered in a book kept by the Police Unit.

Sub-section (3) states that when the report under sub-section (1) is given by a child, the recording under sub-section (2) must be done in simple language so that the child understands what is being recorded.

Sub-section (4) provides that if the contents are being recorded in a language the child does not understand, or wherever it is deemed necessary, a translator or interpreter with prescribed qualifications, experience, and on payment of prescribed fees, shall be provided to the child if he fails to understand the contents.

Sub-section (5) states that if 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, after recording the reasons in writing, it must make immediate arrangements to give such care and protection, including admitting the child into a shelter home or the nearest hospital within twenty-four hours of the report, as may be prescribed.

Sub-section (6) requires the Special Juvenile Police Unit or local police to 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, without unnecessary delay but within twenty-four hours. This report must include the child's need for care and protection and the steps taken in this regard.

Sub-section (7) states that no person shall incur any liability, whether civil or criminal, for giving information in good faith for the purpose of sub-section (1).

Official Text

(1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of1974)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).

Referred to by

• POCSO Act §21 — Punishment for failure to report or record a case
• POCSO Act §45 — Power to make rules

Related Judgments

• GANGADHAR NARAYAN NAYAK @ GANGADHAR HIREGUTTI vs STATE OF KARNATAKA & ORS — Supreme Court of India (2022)
• JUST RIGHTS FOR CHILDREN ALLIANCE & ANR. vs S. HARISH & ORS — Supreme Court of India (2024)
• MS. EERA THROUGH DR. MANJULA KRIPPENDORF vs STATE (GOVT. OF NCT OF DELHI) & ANR — Supreme Court of India (2017)