Dr. Aarti Uikey, a radiologist, receives a 15-year-old girl in her ultrasound room with complaints of abdominal pain and missed periods.

As part of the routine evaluation, she performs a sonography. The ultrasound reveals that the girl is pregnant. She documents her findings and completes the examination.

However, at that stage, she does not inform the police about the pregnancy.

What happened after that is very interesting.

When the doctor informs the family about the pregnancy, they approach the police. An FIR is registered against the main accused under the POCSO Act.

During the course of the investigation, the police also make the radiologist an accused. This is because, under Section 19 of the POCSO Act, any person who has knowledge that child sexual offence has been committed must immediately report the matter to the local police.

✔️Further, Section 21 of the POCSO Act provides that failure to report such information is punishable with imprisonment of up to six months, or with a fine, or with both.

On this basis, the investigating agency filed a supplementary charge sheet against Dr. Aarti Uikey.

✅The Special POCSO Court, Dongargarh, also took cognizance of the offence by its order dated 11 March 2026, requiring the doctor to face criminal proceedings.

Aggrieved by this, Dr. Aarti Uikey approached the Chhattisgarh High Court. She argued that she had duly complied with all the statutory requirements under the PCPNDT Act while performing the ultrasound examination.

She further contended that there was absolutely no evidence to show that she knew the pregnancy was the result of a sexual offence.

She also argued that merely confirming pregnancy during a medical examination, she argued, cannot automatically mean that a doctor has knowledge of a crime.

✔️The High Court carefully examined the scope of Section 19 of the POCSO Act. The Court observed that the statutory duty to report does not arise in every case involving a child.

Instead, the obligation arises only when a person has actual knowledge that a POCSO offence has been committed or when the surrounding circumstances give rise to a reasonable apprehension that such an offence has occurred.

The Court made it clear that merely performing an ultrasound or discovering that a minor is pregnant does not, by itself, establish that the doctor knew the pregnancy was the result of a sexual offence.

Criminal liability cannot be imposed on the basis of assumptions or presumptions alone.

Before prosecuting a doctor under Sections 19 and 21 of the POCSO Act, the prosecution must first establish that the doctor had actual knowledge or reasonable grounds to suspect the commission of a child sexual offence.

✅Accordingly, on 23 July 2026, the Chhattisgarh High Court quashed the supplementary charge sheet filed against Dr. Aarti Uikey as well as the cognizance order dated 11 March 2026 passed by the Special POCSO Court, Dongargarh.

The Court also clarified that this judgment would not affect the prosecution of the main accused, whose trial under the POCSO Act would continue in accordance with law.

✔️This judgment is significant because it strikes a careful balance between two equally important objectives.

On one hand, the POCSO Act places a mandatory duty on citizens, including doctors, to report child sexual offences so that children receive timely protection.

On the other hand, doctors cannot be subjected to criminal prosecution merely because they performed a medical examination, in the absence of evidence that they had actual knowledge or reasonable grounds to suspect a sexual offence.

Important medicolegal lessons

1. Always report suspected child sexual abuse immediately. If you have actual knowledge or reasonable grounds to suspect a POCSO offence, inform the police or the Special Juvenile Police Unit without delay.
2. Failure to report can itself amount to an offence. Section 21 of the POCSO Act prescribes punishment for failure to discharge the reporting obligation under Section 19.
3. Document the history and circumstances carefully. Good documentation of the history provided, examination findings, and accompanying persons can become crucial evidence if your actions are questioned later.
4. Pregnancy alone is not proof of knowledge of a sexual offence. However, if the history or surrounding circumstances create a reasonable suspicion of abuse, your legal duty to report is triggered.
5. Know your medicolegal responsibilities. Understanding the provisions of the POCSO Act and acting promptly when the law requires can protect both the child and the treating doctor.

If you are a doctor, you cannot afford to stay unaware of these laws.

One mistake, one missed report, and you could find yourself facing criminal charges.

Via : Autopsy Surgeon