S.21 POCSO Act Intends To Prevent Suppression Of Crimes, Not Penalize Those Who Report With Certain Delay Due To Vulnerability: Delhi HC

The Delhi High Court has recently observed that Section 21 of the POCSO Act is intended to prevent suppression of sexual offences and ensure timely action in the best interest of the child and is not meant to penalise those who, despite personal vulnerabilities, report the crime ultimately.

“If judges begin to treat delay and silence – born out of trauma or social oppression – as criminality, we risk turning the protective intent of law into an instrument of oppression itself. Justice however cannot be sacrificed at the altar of technicalities,” Justice Swarana Kanta Sharma said.

Section 21 of POCSO Act concerns failure to report or record a case of sexual offences against children. It states that anyone who fails to report an offence can be punished with imprisonment, fine, or both.

The Court set aside the framing of charges under the provision against a mother of a minor child who was allegedly sexually assaulted by her father and the two sons of mother's sister-in-law. The mother had alleged that she was physically assaulted by her in laws.

An FIR was registered on the basis of the minor's statement. The investigating officer submitted a report stating that the mother had previously made three PCR calls wherein she only reported physical assault by her in-laws and nowhere mentioned about the sexual assault faced by the minor victim. Accordingly, charges were framed against her under Section 21 of POCSO Act.

Allowing the mother's plea, the Court observed that she was not complicit in shielding the accused, but was herself suffering at the hands of the very persons she was expected to report.

It noted that the medical examination of the minor victim and the initiation of legal proceedings only occurred due to the mother's intervention.

Justice Sharma observed that there is a distinction between non-reporting and delayed reporting regarding Section 21 of POCSO Act and that the provision deals with non-reporting and not delay in reporting of offence.

On the complexities of reporting sexual abuse and the mother's dilemma, the Court said:

“The law must recognise this hesitation not as guilt, but as a human response to a deeply complex situation. Courage does not always come instantly, it sometimes takes time to build, and the fact that she eventually stood up must be honoured, not punished.”

It added, “Framing charge for offence under Section 21 of POCSO Act against petitioner, in the facts and circumstances of the case, would cause grave prejudice to not just the petitioner who herself is a victim of domestic violence, but also to the minor victim who is dependent upon her mother for support. Thus, the charge framed against the petitioner for offence under Section 21 of POCSO Act, by virtue of impugned orders, is set aside.”

Appearances - Mr. Anuj Kapoor and Mr. Shivom Sethi, Advocates for the petitioner.

Mr. Naresh Kumar Chahar, APP for the State.

Title: MOTHER X OF VICTIM A v. STATE OF NCT OF DELHI & ANR.

Citation: 2025 LiveLaw (Del) 455

Click here to read order