Published on: 6 August 2023 at 22:56 IST
Court: Supreme Court
Citation: State of Maharashtra V. Maroti (2023)
Honourable Supreme Court of India has held that reporting of a Sexual Crime against a Child is mandatory under the provision of Section 19 of the Protection of Children from Sexual Offences Act, 2012. It is held that not reporting of the sexual crime against a Child is subject to the punishment of about 6 months along with fine under the provisions of Section 21 of the Protection of Children from Sexual Offences Act, 2012.
30. True that the FIR and the charge-sheet still remain in fact in respect of the other accused. But then, non-reporting of sexual assault against a minor child despite knowledge is a serious crime and more often than not, it is an attempt to shield the offenders of the crime of sexual assault. Be that as it may in view of the decision in Shankar Kisanrao Khade case holding non-reporting of such a crime as serious and in view of the position obtained from a conjoint reading of Sections 19(1) and 21 of the Pocso Act, such persons are also liable to be proceeded with, in accordance with law. In this context, it is also relevant to refer to an observation made by this Court in the said case that this Court under parens patriae jurisdiction has a duty to give directions for compliance of the provisions under the Pocso Act.
Drafted By Abhijit Mishra