Karnataka High Court: POCSO Reporting Duty is Absolute, No Room for Delay
The Karnataka High Court has declined to quash criminal proceedings against three administrators of a high school in Udupi district, accused of failing to report a sexual assault complaint by a minor against his hostel roommate. The court emphasised that the obligation to report such offences under the Protection of Children from Sexual Offences (POCSO) Act is immediate and leaves no room for discretion.
Justice M. Nagaprasanna dismissed a petition filed by the school's headmaster, assistant headmaster/warden, and child welfare officer. They had challenged the FIR registered in June 2024 for allegedly failing to discharge their statutory duty under Sections 19 and 21 of the POCSO Act and for attempting to suppress the alleged offence.
The incident is said to have occurred in the early hours of June 2 at the school hostel. According to the complaint, the victim—a Class 10 student—immediately informed the warden and later approached higher authorities. However, instead of reporting the matter to the police, the school authorities allegedly tried to suppress it.
The complaint was ultimately lodged by the victim's father, who alleged that the child welfare officer destroyed his son's original written complaint and forced him to submit a fresh statement describing the incident as a "consensual act" arising from a quarrel. The officials are also accused of threatening the victim and pressuring him to alter his version of events.
The petitioners argued that failure to report under Section 21 is a bailable offence with a maximum sentence of one year. Rejecting this contention, the court observed: "The gravity of an offence is not measured merely by the quantum of punishment prescribed but by the sanctity of the duty that has been breached."
The court noted that Sections 19 and 21 of the POCSO Act are not ornamental provisions but the backbone of the legislative framework designed to ensure offences against children are brought to light without delay. The material on record prima facie indicates that the petitioners committed offences punishable under Section 21, and only a full investigation will determine if additional charges arise or if they are exonerated.
