Is Police Reporting POCSO Offences To CWC Within 24 Hours As Per Law? Punjab & Haryana High Court Seeks Data

The Punjab and Haryana High Court has sought data as to whether the mandate of Section 19(6) of the POCSO Act is being complied with by the Police forces in Punjab, Haryana and Chandigarh.

The provision obligates the Special Juvenile Police Unit or the local police, as the case may be, to report matters under POCSO Act to the Child Welfare Committee and the Special Court/ Sessions Court, within 24 hours.

Justice Harpreet Kaur Jeewan said, "the member Secretaries of the Punjab Legal Service Authority, Haryana Legal Service Authority and the member Secretary of the U.T., Chandigarh Legal Service Authority, are requested to collect the information from the respective districts as to whether the provisions of sub-section (6) of Section 19 of the POCSO Act are being complied within the States of Punjab, Haryana and U.T., Chandigarh. The data for a period of one year with effect from today be also called where the compliance of the said provisions have not been made."

The development came in a quashing plea when the Court found that a 14-year-old rape victim was reported pregnant in medical report on December 02, 2023 and the lady investigating officer did not get her statement recorded under Section 164 Cr.P.C. till December 21, 2023.

The petitioners were doctors who were booked for forceful abortion of the minor.

Counsel for the petitioners Kshitij Sharma argued that the petitioners are being implicated on the basis of subsequent statement of the prosecutrix recorded under Section 164 Cr.P.C and she has not supported her version recorded in the 2nd statement recorded under Section 164 Cr.P.C during the trial, when she appeared as prosecution witness.

He added that when the minor victim visited petitioner's clinic there was no reason for the petitioners to suspect that she is pregnant as the 14-year-old victim only complained about stomach ache and she was advised to get ultrasound and suddenly FIR was lodged under Sections 315/34 of the IPC against the doctors.

Sharma also highlighted that when the investigating officer was aware that the prosecutrix is pregnant at the initial stage, they should have made an effort to get the statement of the prosecutrix recorded and should have informed the prosecutrix that she is having an option of termination of pregnancy being a rape victim.

After hearing the submissions, the Court issued notice on the plea for quashing the FIR against doctors.

It then referred to Apex Court's decision in IN RE: Right To Privacy Of Adolescents, which emphasised the duty of the police to report the matter to CWC and the Special Court within 24 hours from the time that the police had knowledge of the commission of the offence.

Justice Jeewan opined that it is important to know as to whether the police had reported the matter to the CWC and to the Special Court or not.

The matter is listed for further consideration on October 28.

Mr. Kshitij Sharma, Advocate and Mr. Shobhit Sharma, Advocate, for the petitioners.

Ms. Himani Arora, AAG, Punjab.

Title: PXXXXX v.XXXXX [CRM-M-35591-2024]