Recallab › Question bank › Forensic Medicine & Toxicology › #50044
POCSO Act
A 15-year-old girl is brought to casualty by her mother, who says the girl has been sexually assaulted by a neighbour. The mother asks the doctor to examine and treat her but not to inform the police, as the family fears social consequences. Under the POCSO Act, 2012, what must the doctor do?
- correctA. Report to the police or the Special Juvenile Police Unit immediately, as failure to report is itself an offence
- B. Report only if the girl herself consents to a police complaint
- C. Respect the mother's wishes, as she is the lawful guardian of a minor
- D. Report only if the examination reveals physical injuries
Explanation
Key fact
POCSO reporting is mandatory and unconditional. Failure to report is itself a punishable offence, and no consent can waive it.
Report immediately to the police or Special Juvenile Police Unit. The duty is on the doctor personally and does not depend on anyone's consent.
Why
POCSO protects every child under 18, and is gender-neutral for victim and offender.
Anyone who knows or suspects an offence must report it - section 19 of the Act.
Failure to report is punishable under section 21.
The duty is not waived by the wishes of the child, the parent or the guardian.
Emergency medical care must be given whether or not a complaint has been made.
Suspicion is enough, and silence is an offence
Why not the others
- B. Report only if the girl herself consents to a police complaint — misstates the law. A child under 18 cannot consent to sexual activity, and consent has no bearing on the reporting duty.
- C. Respect the mother's wishes, as she is the lawful guardian of a minor — would leave the doctor personally liable. Guardianship does not override a statutory duty.
- D. Report only if the examination reveals physical injuries — is wrong because most sexual offences against children leave no physical finding, and the duty arises on suspicion, not on proof.
Remember
Suspicion is enough, and silence is an offence. POCSO is one of the few places where confidentiality is displaced by statute.
Go deeper
The Act also requires that a female child be examined by a woman doctor where possible, in the presence of a person the child trusts, and that the child's identity is not disclosed.
The two-finger test is prohibited, and courts have repeatedly held it to be a violation of dignity with no diagnostic value.
Statements must be recorded in the child's own words, without leading questions.
Reddy KSN, Murty OP. The Essentials of Forensic Medicine and Toxicology, 36th ed. (Jaypee, 2025); Modi's A Textbook of Medical Jurisprudence and Toxicology, 28th ed. (LexisNexis, 2025).