In a significant ruling reinforcing the mandatory reporting provisions of the Protection of Children from Sexual Offences (POCSO) Act, the Supreme Court has restored criminal proceedings against the headmistress of a school in Assam's Guwahati for allegedly failing to report a child's complaint of sexual assault to the police.
A bench comprising Justices Manoj Misra and K.V. Viswanathan set aside the orders of the trial court and the Gauhati High Court, which had earlier discharged the headmistress from prosecution.
Complaint Was Not Reported To Police
The case pertains to an alleged incident involving an eight-year-old student, who accused a senior student of sexually assaulting her.
According to the prosecution, the child first informed her elder sister, following which the matter reached the school's Head Girl and eventually the headmistress.
Instead of reporting the allegation to the police, as mandated under Section 19 of the POCSO Act, the headmistress allegedly conducted her own inquiry. She is accused of examining the child's private parts, noticing redness and swelling, questioning the accused student and concluding that "nothing had happened."
The prosecution further alleged that she instructed students not to disclose the incident to anyone.
'Private Verification' Not Allowed Under POCSO
Rejecting the defence, the Supreme Court held that the POCSO Act does not permit school authorities or any individual to conduct a private verification before reporting an allegation of sexual assault.
"The phrase 'has knowledge that such an offence has been committed' is not limited to direct knowledge of the commission of the offence, but would include awareness of its commission based on direct information received from the victim," the bench observed.
The court clarified that once a child directly reports an alleged sexual offence, that information is sufficient to trigger the statutory obligation to immediately inform the police.
Mandatory Reporting Protects Evidence
The apex court emphasised that allowing individuals to determine the truth of allegations before reporting them would defeat the very purpose of the POCSO Act.
It noted that prompt reporting is essential to preserve evidence, facilitate a fair investigation and protect children from further harm.
The judges observed that any inquiry into whether an offence actually occurred must be carried out only by the investigating authorities after the matter is reported.
Relief For Other School Staff
While restoring proceedings against the headmistress, the Supreme Court upheld the discharge of the school's principal, teachers and hostel warden, noting that there was no evidence to show they had directly received the complaint from the victim.
The court also clarified that the victim's sister, friend and the school's Head Girl, who were all minors at the time, cannot be prosecuted for failing to report the offence, as children are exempt from criminal liability under Section 21(3) of the POCSO Act.
The appeal filed by the victim's mother was partly allowed.
