Section 20 POCSO: Obligation of media, studio and photographic facilities to report cases

Protection of Children from Sexual Offences Act, 2012

Section 20 POCSO at a Glance

Section 20 POCSO requires staff of any media house, hotel, lodge, hospital, club, studio, or photographic facility to report any sexually exploitative material or object involving a child. The staff must give this information to the Special Juvenile Police Unit or the local police.

Section 20 POCSO Bare Act Text

20. Obligation of media, studio and photographic facilities to report cases.
Any personnel of the media or hotel or lodge or hospital or club or studio or photographic facilities, by whatever name called, irrespective of the number of persons employed therein, shall, on coming across any material or object which is sexually exploitative of the child (including pornographic, sexually-related or making obscene representation of a child or children) through the use of any medium, shall provide such information to the Special Juvenile Police Unit, or to the local police, as the case may be.

Section 20 POCSO in Simple Words

Section 20 POCSO places a mandatory reporting duty on personnel working in specified workplaces when those personnel come across material or objects that are sexually exploitative of a child. The duty covers any personnel of the media, a hotel, a lodge, a hospital, a club, a studio, or photographic facilities, by whatever name that workplace is called and irrespective of the number of persons employed there.

The duty under Section 20 POCSO applies whenever such personnel come across any material or object that is sexually exploitative of a child, through the use of any medium. Section 20 POCSO specifies that this includes material or objects that are pornographic, sexually-related, or make an obscene representation of a child or children.

On coming across such material or object, the personnel must provide that information to the Special Juvenile Police Unit or to the local police, as the case may be.

When Section 20 POCSO Applies

Covered personnel: The person is personnel of the media, a hotel, a lodge, a hospital, a club, a studio, or photographic facilities, by whatever name called and irrespective of the number of persons employed there.
Triggering discovery: The personnel come across any material or object that is sexually exploitative of a child (including pornographic, sexually-related, or making an obscene representation of a child or children) through the use of any medium.
Duty to report: The personnel must provide that information to the Special Juvenile Police Unit or to the local police, as the case may be.

Example of Section 20 POCSO

In Kochi, Zoya works alone at a small photographic studio that prints digital files for customers. While printing files from a customer's memory card, Zoya comes across photographs that make an obscene and sexually exploitative representation of a 10-year-old child. Under Section 20 POCSO, because Zoya is personnel of a photographic facility (irrespective of the number of persons employed there) and has come across material that is sexually exploitative of a child, Zoya must provide this information to the Special Juvenile Police Unit or to the local police.

FAQs on Section 20 POCSO

What is Section 20 POCSO?▼

Section 20 POCSO requires personnel of the media, hotels, lodges, hospitals, clubs, studios, and photographic facilities to report any material or object that is sexually exploitative of a child. The personnel must provide this information to the Special Juvenile Police Unit or to the local police.

Does Section 20 POCSO apply to a small studio or lodge with only one employee?▼

Yes. Section 20 POCSO explicitly applies to the listed workplaces by whatever name called and irrespective of the number of persons employed there.

What kind of material or object must be reported under Section 20 POCSO?▼

Any material or object that is sexually exploitative of a child, through the use of any medium, must be reported under Section 20 POCSO. This includes material or objects that are pornographic, sexually-related, or make an obscene representation of a child or children.

To whom must personnel report sexually exploitative material under Section 20 POCSO?▼

To the Special Juvenile Police Unit or to the local police. Section 20 POCSO requires the personnel to provide the information to either authority, as the case may be.

Does Section 20 POCSO apply only to printed photographs?▼

No. Section 20 POCSO covers any sexually exploitative material or object involving a child that personnel come across through the use of any medium.

Have questions about Section 20 POCSO?

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Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

Sources: Bare Act Text, Protection of Children from Sexual Offences Act, 2012 (India Code) ·