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Regarding a POCSO investigation


07-Aug-2023 (In Criminal Law)
I am a registered medical practitioner. I had checked a patient in OPD who claimed her age to be 18 years. She came in with chief complaint of amenorrhea. So i did her Urinary pregnancy test which came out positive. I advised her USG for definitive diagnosis. However, she did not follow up.A few days back police came telling me that she was a minor and was reported as by another doctor.Now the police are trying to incriminate me citing that i did not inform them about the abuse as per the law.I need legal advise regarding the issue
Answers (3)

Answer #1
531 votes
Hi, Since we are dealing with a POCSO case, non reporting of the commission of an offence is in itself an offence in terms of section 21. However, if you did not have access to the required testing apparatus for a conclusive determination (which appears to be the case) the same may work in your favour. Please feel free to contact me for further assistance.
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Advocate Kunal Srivastava

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Answer #2
836 votes
Hi You need to provide a representation regarding your diagnosis and state that your analysis was not complete owing to the test that were not completed / followed up by the patient. In case the police has sent you anything in writing - a notice etc.. will need to see those docs. Regards Adv. Abhinav Sharma
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Advocate Abhinav Sharma

Adv. Abhinav Sharma

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Answer #3
699 votes
In your case we need more details that the time that girl came to your hospital or in your shop ..did you get any form filled and does the medical norms say that in case if you have any apprehension that if a person is below 18 then you have to check her ID etc .. plz b in touch
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Advocate D. Khan

Adv. D. Khan

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