"Failure to Report Offenses under POCSO Act: Doctors' Responsibility, Ignorance Not Accepted: Karnataka HC

07 May 2024 8:19 AM

By: Admin

In a significant ruling, the Karnataka HC has underscored the seriousness of failure to report offenses under the Protection of Children from Sexual Offenses (POCSO) Act. The judgment specifically highlights the responsibility of doctors in reporting such offenses and emphasizes the need for strict compliance with Section 19 of the Act. The court rejected the defence of ignorance and urged doctors to fulfil their reporting obligations without fail.

According to the judgment, the case involved a gynaecologist who claimed to be unaware of the victim's age, which was crucial in determining the severity of the offense. However, the court declined to accept the defence, stating that it was highly improbable for an experienced doctor not to recognize the victim's tender age and the signs of sexual abuse.

The court quoted previous judgments, including one that highlighted the importance of reporting offenses, especially by doctors. In this regard, the court stated, "Failure to report offense under the POCSO Act is a serious crime and an attempt to shield the offenders. Strict compliance with Section 19 and reporting of offenses is crucial to prevent child abuse and protect the rights and well-being of minors."

The court also referred to Section 21 of the POCSO Act, which imposes punishment, including imprisonment for up to six months or a fine, for the failure to report offenses. Despite the relatively short duration of imprisonment, the court emphasized that the nature of the offense itself warranted serious consideration.

Furthermore, the judgment cited the United Nations Convention on the Rights of the Child, which places a specific duty on the state to protect children from all forms of sexual exploitation and abuse. The court highlighted the need for doctors to fulfill their reporting obligations, as non-reporting not only shields offenders but also undermines the objectives of the POCSO Act.

High court directed strict compliance with Section 19, particularly by doctors involved in the medical termination of pregnancies of minors. The judgment serves as a reminder that reporting offenses under the POCSO Act is a critical responsibility that should not be taken lightly. The court's observations, while specific to the petitioner's case, hold significant implications for all cases falling under the purview of the Act.

DATED THIS THE 02^ND DAY OF JUNE, 2023

CHANDRASHEKAR T.B.vs STATE OF KARNATAKA