POCSO reporting duty for doctors: what the law says Who must report, to whom, what happens if you do not, and what the police must give you back.

A doctor who comes to know that a child has been sexually abused, or who apprehends that it is likely to happen, must tell the police. Section 19(1) of the Protection of Children from Sexual Offences Act, 2012 says that "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" the Special Juvenile Police Unit (SJPU) or the local police. The section opens with "Notwithstanding anything contained in the Code of Criminal Procedure", and it names no profession that is exempt. The Act defines a child as "any person below the age of eighteen years".

Does the duty apply to a private clinic doctor?

Yes, because the duty falls on any person, not on a class of institutions. In an OPD, the information usually reaches the doctor in one of three ways: the child or a parent says it, the history or examination points to it, or a third person tells the desk. Section 19(1) covers both knowledge that an offence has happened and apprehension that one is likely. It does not ask for proof, a complaint from the family, or the family's consent.

The Supreme Court tested this against a doctor in State of Maharashtra v. Dr. Maroti Kashinath Pimpalkar (Criminal Appeal No. 1874 of 2022, decided 2 November 2022). The respondent had been "appointed for treatment of girls admitted to the said Girls' hostel", and the investigation said he learnt of the abuse "from the victims themselves". The High Court had quashed the case against him. The Supreme Court set that aside and held that "non-reporting of sexual assault against a minor child despite knowledge is a serious crime and more often than not, it is an attempt to shield the offenders of the crime of sexual assault". The judgment also repeats an earlier direction from Shankar Kisanrao Khade: hospitals, "whether government or privately-owned", that "come to know that children admitted are subjected to sexual abuse" must report it immediately.

Section 20 adds a narrower duty for hospital staff. Any personnel of a "hospital ... irrespective of the number of persons employed therein" who comes across material that is sexually exploitative of a child, such as photographs, must give that information to the SJPU or local police.

What is the penalty for not reporting?

Section 21 sets two levels. It also makes clear that the punishment in 21(1) does not apply to a child.

The second row matters to a clinic owner. If a staff member at your clinic is the one suspected, the duty to report sits on you as the person in charge, and the penalty is higher.

The Act also protects the reporter. Section 19(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)." Section 22 punishes a false complaint only where it is made "solely with the intention to humiliate, extort or threaten or defame" the person named. A good-faith report by a doctor is not that.

How does a clinic make the report?

Go to, or call, the local police station or the district SJPU. The POCSO Rules, 2020 (G.S.R. 165(E), 9 March 2020) set what the police must do in return, and those are the things to note in your own record:

1. Give the information to the SJPU or the local police. Section 19(2) says the report must be given an entry number, recorded in writing, read over to you and entered in a book kept by the police unit.
2. Ask for, and note, the receiving officer's name and designation, the address and telephone number, and the name and contact details of the supervising officer. Rule 4(1) says the police "shall forthwith disclose" these to the person making the report.
3. If an FIR is registered, Rule 4(3)(a) says a copy is to be given "free of cost to the person making such report". Keep it with the clinic's copy of the case papers.
4. If the information first went to Childline 1098, Rule 4(2) says the helpline "shall immediately report such information to SJPU or Local Police". Calling 1098 is a route, but note the police entry it produces.
5. Record in the clinic file the date and time of the report, the police station, the officer and the entry number. Keep the child's details out of WhatsApp groups and staff chats.

What do the Rules ask of the doctor who gives care?

Rule 6 sets out medical aid and care for a child brought by, or reported to, the police. The parts that are about procedure rather than treatment are these. Care must be given "in such a manner as to protect the privacy of the child, and in the presence of the parent or guardian or any other person in whom the child has trust and confidence" (Rule 6(2)). The registered medical practitioner "shall submit the report on the condition of the child within 24 hrs to the SJPU or Local Police" (Rule 6(5)). Forensic evidence must be collected in accordance with section 27 of the Act (Rule 6(6)). Rule 6(4) lists the clinical needs the doctor must attend to; read it in full in the Rules.

Section 27 governs the medical examination itself. It can be done even though an FIR or complaint has not yet been registered. For a girl child, "the medical examination shall be conducted by a woman doctor". It must happen in the presence of a parent or a person the child trusts, and if neither can be present, "in the presence of a woman nominated by the head of the medical institution". A small clinic that cannot meet these conditions should give the care that cannot wait, report, and let the police take the child to a facility that can, which is what section 19(5) and Rule 6(1) expect the police to arrange.

Does reporting breach patient confidentiality?

Section 19(1) is a statutory duty to give information to the police, and section 19(7) removes civil and criminal liability for a good-faith report. Outside that report, the child's identity stays protected, and the Rules repeatedly tie care to the child's privacy. In practice that means telling the police, and no one else who does not need to know. Our posts on police or court requests for patient records and consent and records for minor patients cover the record-keeping side, and medico-legal cases in the OPD covers how to label and document a case that may go to court.