Delhi High Court Drops Charges Against Abused Mother Over Delayed Abuse Report

The Delhi High Court has dismissed charges against a mother for not immediately reporting her daughter's sexual abuse by her husband. The court acknowledged that the woman, also a victim of domestic abuse, faced threats and trauma, which delayed her report. The case against the husband will continue.

The Delhi High Court has terminated criminal proceedings against a mother who failed to promptly report her husband's sexual abuse of their 16-year-old daughter. The court noted that the woman was a victim of severe abuse in her matrimonial home.

Justice Anish Dayal set aside the charges framed under section 21 of the Protection of Children from Sexual Offences (POCSO) Act, recognizing that prosecution would unfairly prejudice both the mother and her dependent daughter. The woman eventually reported the offense after facing threats from her husband and his family, the court observed.

This case reflects the complexities of domestic abuse cases, particularly when the victim becomes an accused due to legal provisions that may not consider the full context. The trial against the husband will proceed, but the court emphasized that mandatory reporting laws should not punish victims of domestic violence.

(With inputs from agencies.)