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Behavior and Law

Mandatory Reporting and Failure to Report

Protection of Children from Sexual Offences Act 2012 (Sections 1–15)

Paper III · Unit 3 Section 7 of 14 0 PYQs 27 min

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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.