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Forensic Medicine · Medical law: POCSO reporting
Sample itemA 15-year-old girl, 14 weeks pregnant, says the sex was consensual with her 17-year-old boyfriend and begs the doctor not to tell anyone. What is the doctor's legal duty under the POCSO Act, 2012?
Original practice item, not a recalled exam question. Nothing here is recorded.
The answer and the reasoning
C. Report the case to the police or special juvenile police unit, since reporting is mandatory
Under the POCSO Act, any person who has knowledge or apprehension that a child under 18 years has been sexually abused, including a doctor, must report it to the special juvenile police unit or local police, and failure to report is punishable. Consent of a person below 18 is not legally valid in the Act. Medical care, counselling and, where appropriate, termination should proceed with the child's best interest in mind.
Option by option
A. Report only after the pregnancy is terminated
The duty to report arises when the doctor knows of the abuse and not after any procedure.
B. Keep the information confidential, since the girl has requested it
The duty to report overrides confidentiality, and the child's wish does not remove it.
C. Report the case to the police or special juvenile police unit, since reporting is mandatory (correct)
Correct. Reporting is mandatory under the Act even if the child requests secrecy.
D. Report only if the parents agree
Parental permission is not a precondition for reporting.
Source note: Original NextPrep sample item — pending expert review. This item is original practice material awaiting independent expert review, so confirm important facts in a standard textbook.
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