Failure To Report Commission Of POCSO Offence To Police Within 24 Hours Would Attract Offence U/S. 19(1) Of POCSO Act: Kerala HC

The Court was hearing a Criminal Miscellaneous Case seeking to quash the Final Report in a case which is pending before the Fast Track Special Court.

The bench of Justice A Badharudeen observed, “…if there is omission even after getting information to report the crime to the Police atleast within 24 hours, the offence punishable under Section 19(1) of the POCSO Act would get attracted.”

Advocate P Martin Jose appeared for the Appellant and PP MP Prasanth appeared for the Respondent.

In the present case, the allegations were made for the offences punishable under Sections 354, 354A(1)(i), 354A(1)(ii), 354A(i)(iv) and 506 of the Indian Penal Code and Section 8 r/w 7, 10 r/w 9(p) and 12 r/w 11(i) of the Protection of Children from Sexual Offences Act against the first accused and the allegation against the accused Nos.2 to 4 is that they failed to inform the occurrence soon after getting the complaint from the victim and thereby committed an offence punishable under 21 r/w 19 of the PoCSO Act.

The Court mentioned the decision in Radhakrishna S. Naik (Dr.) v. State of Kerala (2024) and quoted, “it is emphatically clear that a duty is cast upon a person, who has apprehension that an offence under this Act is likely to be committed or has knowledge that such an offence has been committed, to provide such information to the Police. But, when a person notices that an offence under the POCSO Act has been committed and failed to inform the same within a reasonable time, definitely he is said to have committed offence punishable under Section 19(1) of the POCSO Act.”

The Court observed, “getting information regarding the crime, if the matter is reported to the police on the next day, it is harsh to hold that there was failure to inform/report the crime to the police so that offence under Section 19 r/w 21 of the Police Act would get attracted.”

“If the omission is only for a day fastening criminal culpability on the accused for the said short omission could not be justified.”, the Court added.

While noting that in the present case, the commission of the crime was informed the very next day, the Court observed, “…willful omission on the part of the petitioners in informing the crime as alleged could not be found to rope the petitioners into this crime with the aid of Section 19 r/w 21 of the Police Act.”

Accordingly, the Court allowed the Petition and quashed the Final Report.