By Shaurya Mahajan.

The Delhi High Court, in a crucial ruling, quashed charges against a mother for failing to report the sexual abuse of her daughter by the father under Section 21 of the Protection of Children from Sexual Offences (POCSO) Act. Justice Anish Dayal ruled that prosecuting the mother would cause significant prejudice to both her and her daughter, who relied on her for support.

The case originated from a complaint filed by the 16-year-old prosecutrix, accusing her father of sexual offenses, including inappropriate touching, sexual assault, and exposing her to pornography. The father was charged under various sections of the Indian Penal Code (IPC) and the POCSO Act. The mother was also charged under Section 21 of the POCSO Act for allegedly failing to report the abuse in a timely manner.

The mother’s counsel argued that the delay was due to fear and psychological pressure inflicted by her abusive husband. It was submitted that trauma often causes delays in reporting sexual offenses, and the mother should not be punished for this delay. The defense relied on legal precedents recognizing the impact of domestic abuse and trauma on reporting such crimes.

The Court acknowledged the abusive and traumatic environment in which the mother and daughter lived. It observed that the delay in reporting was understandable, considering the ongoing threats and abuse from the father. The Court emphasized that the mother, being a victim of abuse herself, should not be penalized for the delayed reporting.

Thus, the Court ruled that the delay did not amount to a violation of Section 21 of the POCSO Act and set aside the charges, allowing the mother’s petition for relief.

[Case Name – Rupi Babbar v. State NCT of Delhi, 2024 SCC OnLine Del 6485].

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