Delhi HC Ruling: Trauma's Impact on Decision to Report Sexual Assault

The Delhi High Court ruled that trauma-induced delays in reporting a minor's sexual assault shouldn't be criminalized under POCSO. This decision set aside charges against a woman who reported her daughter's abuse by family members after overcoming personal duress. The ruling emphasizes sensitivity towards victims' psychological responses.

In a significant ruling, the Delhi High Court highlighted that delay in reporting a minor's sexual assault due to trauma or societal pressure does not constitute an offence under the POCSO Act. This decision emerged as the court set aside charges against a woman who had faced her own domestic abuse and reported her daughter's sexual assault at great personal risk.

Justice Swarana Kanta Sharma, in a detailed order, asserted that the intent of the POCSO Act is to prevent the suppression of sexual offences and ensure swift action. However, the law's protective purpose should not be misused to penalize those who report crimes despite personal vulnerabilities, the court maintained.

The judgment explicitly distinguished between non-reporting and delayed reporting, particularly under duress. It called for a sensitive application of the law in cases where victims bear the burden of complex psychological responses due to prolonged abuse and societal stigma surrounding incest reporting in India.

(With inputs from agencies.)