The Kerala High Court has clarified that individuals must inform the police within a reasonable timeframe if they suspect an offence has been committed against a minor, as per Section 19(1) of the POCSO Act. Prosecution is only applicable when there is a deliberate failure to report the offence.
Case Background
The case involved a doctor who was charged as the second accused for not informing the Special Juvenile Justice Police or local police about an offence committed against a minor, despite suspecting such an offence.
Court’s Interpretation
Justice A. Badharudeen highlighted the need to allow doctors reasonable time to report such incidents to the police. The Court noted that in this case, the doctor did not inform the police about the pregnancy of a minor girl within 7.15 hours of discovering it. The police registered the crime shortly after arriving at the hospital.
Details of the Incident
A 17-year-old minor was taken to a hospital for an abortion by her father, who was responsible for her pregnancy. The doctor (second accused) was aware of her pregnancy from her scan report. Despite this knowledge, it was alleged that he did not inform the police, thus committing an offence under Section 19(1) of the POCSO Act.
Court’s Analysis
The Court explained that failing to report an offence under the POCSO Act within a reasonable time constitutes an offence punishable under Section 19(1). However, in this case, the doctor informed the police the next day, within 7.15 hours, when the victim was still in the hospital. The Court found no deliberate omission on the doctor’s part.
Doctors’ Duties and Reasonable Timeframe
The Court acknowledged that doctors have the primary responsibility of saving lives and might be occupied with other patients requiring urgent care. Therefore, they should be given reasonable time to report such incidents to the police. The Court suggested a timeframe of at least 24 hours for reporting.
The Court concluded that in this case, the doctor did not willfully omit reporting the offence and informed the police within a reasonable time. Therefore, the order dismissing the discharge petition of the petitioner was set aside, and the doctor was discharged from the crime.
Case Title: Dr. Radhakrishna S Naik v State of Kerala
Case Number: Crl.Rev.Pet No. 1064 OF 2023