The Delhi High Court has set aside a trial court order framing charges under the Protection of Children from Sexual Offences Act, 2012 (POCSO Act) against a woman who failed to report the alleged sexual assault of her daughter by the child’s father and two cousins.

Justice Swarana Kanta Sharma noted that the woman herself was a victim of sustained domestic violence, which critically impaired her ability to act or report the offence. Prosecuting her, the Court observed, would amount to penalizing her for the abuse she has suffered.

“A child’s sense of safety, trust, and emotional strength comes primarily from two sources – his or her father and mother. But when the mother herself is living under constant fear, abuse, and violence inflicted by the same man, her capacity to protect, act, or even process the truth is deeply impaired. It is vital for the courts to understand the state of helplessness and paralysis that may result in such a traumatic environment,” the Court said.

The case surfaced after the woman reported physical abuse by her in-laws. On the same day, she contacted the Delhi Commission for Women (DCW) helpline, disclosing that her 10-year-old daughter had been sexually assaulted by her husband and the two sons of her sister-in-law.

While the police booked the accused under the POCSO Act, they also chargesheeted the complainant-mother under Section 21 of the Act, which penalizes failure to report sexual offences against children.

After examining the circumstances, Justice Sharma quashed the charges against the mother but directed that the trial against the remaining accused continue.

“In view of the foregoing discussion, this Court is inclined to allow the present petition since it finds no merit in the prosecution of the petitioner under Section 21 of POCSO Act. Framing charge for the offence under Section 21 of POCSO Act against the petitioner, in the facts and circumstances of the case, would cause grave prejudice not just to her – a victim of domestic violence – but also to the minor victim who relies on her for emotional and physical support,” the Bench stated.

Advocates Anuj Kapoor and Shivom Sethi represented the petitioner, while Additional Public Prosecutor Naresh Kumar Chahar appeared for the State.