Delhi High Court Quashes POCSO Charge Against Mother Who Delayed Reporting Sexual Assault on Daughter

The Delhi High Court quashed charges under Section 21 of the POCSO Act against a mother who delayed reporting her husband’s sexual abuse of their 10-year-old daughter.

The Court held that the mother, herself a victim of ongoing domestic violence, lived in fear and trauma, impairing her ability to act. The Court emphasized that Section 21 is intended to prevent suppression of offences, not to penalize delayed reporting born out of trauma or social oppression. 

The Court noted that the mother ultimately filed the FIR and supported her child. Prosecuting her, the Court said, would harm both mother and child, who depended on each other for survival and healing.