Supreme Court Mandates Strict Compliance with POCSO Reporting Requirements
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The Supreme Court has ruled that school authorities cannot bypass the POCSO Act through private inquiries, emphasizing that mandatory reporting is triggered immediately upon receiving credible information of abuse.
In a significant judicial intervention, the Supreme Court has reinforced the legal obligations of school authorities under the Protection of Children from Sexual Offences (POCSO) Act, 2012. The Court set aside a lower court's decision to quash a case against a headmistress who had failed to report an instance of child sexual abuse, opting instead to conduct a private inquiry into the matter.
The Supreme Court clarified that the mandate under Section 19 of the POCSO Act is absolute and non-negotiable. Section 19 imposes a statutory duty on any person who has apprehension that an offence under the Act is likely to be committed, or has knowledge that such an offence has been committed, to report it to the Special Juvenile Police Unit or the local police. The Court observed that school authorities, acting in loco parentis, bear a heightened responsibility to protect students. By conducting a private inquiry, the accused had effectively usurped the role of law enforcement and the judiciary, thereby delaying the legal process and potentially compromising evidence and the safety of the child.
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