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Mandatory Reporting and Failure to Report
6.1 Section 19 — Duty to Report
Any person (not just professionals) who:
- Has apprehension that a sexual offence is likely to be committed on a child, OR
- Has knowledge that such offence has been committed
Must report to the Special Juvenile Police Unit (SJPU) or local police — either orally or in writing.
Section 19(6): The police officer who receives the report cannot deny receiving it. She/he must make a record, provide a copy to the informant, and immediately inform the Child Welfare Committee.
6.2 Section 21 — Punishment for Failure to Report
If any person who is in charge of a media, studio, or photography facility, fails to report under Section 19: — Punishable with 6 months imprisonment or fine or both.
Special provision for professionals in children's institutions: Personnel of child care institutions who fail to report face enhanced punishment — up to 1 year.
6.3 False Complaints — Section 22
Making a false complaint or false information knowing it to be false:
- 6 months imprisonment or fine or both
- A minor (child) who makes a false complaint cannot be punished — protecting children who are manipulated or coerced into false reporting by adults.
