By Astha Bhumish Shah 

The Kerala High Court held that every person must inform the police within a reasonable time as per Section 19 (1) of the POCSO Act if they have an apprehension that an offence has been committed against a minor. A person will be prosecuted only when there is a deliberate omission to report the offence to the police. In this case, the petitioner who is a doctor was arrayed as the second accused on their failure to inform the Special Juvenile Justice Police or local police about the offence committed against a minor under Section 19 (1) of the POCSO Act, despite having an apprehension that an offence has been committed. 

In the present case, a minor aged 17 years was taken to a hospital in Mangalapuram for an abortion by her father who was responsible for the pregnancy. It was alleged that the petitioner’s doctor was aware of her pregnancy from her scan report. Further that the victim was admitted to the hospital and a tablet was put in her vagina to abort the pregnancy.  It was contended that the doctor even though was aware of the pregnancy failed to inform the police and committed an offence under Section 19 (1) of the POCSO Act. It was noted that on the next day the doctor informed the police and registered the crime. In light of the same the Court stated that it cannot be said that the doctor made any deliberate omission or failed to inform the police since they reached the hospital within 7.15 hours when the victim was in the hospital itself. Further, it observed that doctors are responsible for saving lives and they might be busy with other patients requiring immediate medical attention hence reasonable time should be granted to them for informing the police about such incidents. With respect to the case, the Court held that the petitioner made no wilful omission and informed the police as per Section 19 (1) of the Act. It set aside the order dismissing the discharge petition of the petitioner and discharged him from the crime. (Dr. Radhakrishna S Naik v State of Kerala – Crl.Rev.Pet No. 1064 OF 2023)  

Click here to read/ download the Order.