In a landmark decision, the Delhi High Court has declared that a delay in reporting the sexual assault of a minor due to trauma or social oppression is not a criminal act under the Protection of Children from Sexual Offences (POCSO) Act. The court’s judgment comes as a significant relief to a woman who faced prosecution for allegedly failing to promptly report the abuse of her 10-year-old daughter by the child’s father and cousins.
Justice Swarana Kanta Sharma, presiding over the case, highlighted that the mother, also a victim of physical and emotional abuse, took considerable personal risk to eventually report the crime. “The objective of Section 21 of the POCSO Act is to prevent the suppression of sexual offences against children and ensure timely action, not to punish those who report the crime amidst personal challenges,” the judge stated.
The verdict overturned a December 2023 trial court decision that had charged the woman under Section 21 of the POCSO Act, which mandates the immediate reporting of sexual offences against children. The High Court criticized the lower court’s approach, arguing that it overlooked the psychological and social dilemmas faced by the mother, who was herself subjected to domestic violence.
The case details revealed a troubling scenario within the family, where the minor was sexually abused by close relatives and the mother endured physical assaults. The High Court underscored the importance of distinguishing between non-reporting and delayed reporting, recognizing the latter as a complex psychological response rather than an act of shielding the accused.
“This case reflects the need for the legal system to be sensitive to the lived realities of those involved, particularly when dealing with crimes within the family that carry profound social stigma,” the court added. By setting aside the charges against the woman, the Delhi High Court affirmed that the law should interpret delayed reporting with empathy and consideration of the circumstances that might hinder immediate action.
