[POCSO] Not Safe To Fasten Liability On Cop Who Waited To Record Informant/Victim's Statement Due To Unavailability Of Female Officer: Kerala HC

The Kerala High Court has held that there is no scope to put criminal liability on a police officer for asking the victim and her mother to come the next day to give their statement regarding an offence under the Protection of Children Under Sexual Offences Act (POCSO Act) due to there not being any woman officer at the police station.The court said that while a police officer is criminally liable under Section 21 of the Act if he does not record the offence when he receives information regarding it, in this case, there was no willful or deliberate omission. It also observed that the statement was recorded without much delay. Justice A. Badharudeen observed:“If the police officer waits to facilitate recording of the statement by a woman police officer, so that the victim/ informant could candidly state each and everything without hesitation, and while making such an attempt, if some delay which was not deliberate or willful occurs, it is not safe to fasten criminal culpability upon him.”In the instant case, the child victim and her mother approached the police station and reported the incident on 18.08.2023 at 9:30 p.m. They were advised to come the next day to give the statement as there was no woman police officer in the station. They came the next day and their statement was recorded at 11:45 in the morning.Section 24 of the Act says that the statement of the child shall be recorded by a woman police officer, not below the rank of Sub-Inspector as far as possible. The Court said that this provision is put in the Act so that a victim/ informant can disclose all the overt acts without hesitation.However, the Court also added that it is given 'as far as practicable' in the provision. Therefore, it was stated that the officer-in-charge of the police station is competent and duty-bound to record the statement of the child victim or informant in the absence of a woman police officer not below the rank of sub-inspector. He need not wait or stall the recording of a statement awaiting a woman police officer.The Court held that in this case, there was no need to arraign the police officer as an accused.Counsel for the Petitioner: Advocates E. A. Haris, M. A. Ahammad Saheer, Muhammed Yasil, Anil K. Muhammed Counsel for the Respondent: Public Prosecutor Adv. M. P. Prasanth Case No: Crl.M.C 5987/ 2024 Case Title: Hyder Ali v State of Kerala Citation: 2024 LiveLaw (Ker) 474 Click Here To Read/ Download The Order

[POCSO] Not Safe To Fasten Liability On Cop Who Waited To Record Informant/Victim's Statement Due To Unavailability Of Female Officer: Kerala HC

Manju Elsa Isac

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