NEW DELHI: The Delhi High Court clarified that Section 21 of the Protection of Children from Sexual Offences (POCSO) Act is meant to prevent the concealment of child sexual abuse and ensure timely reporting in the child’s best interest. It is not intended to punish those who, despite their personal struggles, eventually come forward.
Justice Swarana Kanta Sharma, in her judgment, stated, “If judges begin to treat delay and silence – caused by trauma or social oppression – as criminality, we risk turning the protective intent of the law into an instrument of oppression itself. Justice cannot be sacrificed for technicalities.”
Section 21 of the POCSO Act addresses the failure to report or record incidents of sexual offences against minors. It allows punishment by imprisonment, fine, or both for those who neglect to report such offences. This case involved a mother charged under Section 21 after her minor daughter alleged sexual assault by her father and two sons of her sister-in-law. The mother also claimed she was physically assaulted by her in-laws. An FIR was filed after the child’s statement.
During the investigation, it was noted that the mother had made three PCR calls about physical abuse by her in-laws but had not mentioned the sexual assault on her daughter. Based on this, charges under Section 21 were brought against her. However, the Court found this charge to be flawed and allowed the mother’s plea. It ruled that she had not tried to protect the accused but was also a victim of domestic violence by the same people she was expected to report. The Court also emphasised that the child’s medical examination and legal proceedings were initiated only because the mother eventually intervened.
Justice Sharma highlighted the importance of distinguishing between not reporting and delayed reporting. She stated that Section 21 applies to cases of complete non-reporting, not when there is a delay due to difficult circumstances.
The Court acknowledged the complex nature of reporting sexual abuse, especially within the family.