Section 21 of THE PROTECTION OF CHILDREN FROM SEXUAL OFFENCES ACT, 2012
Original Text
21. Punishment for failure to report or record a case.—
(1) Any person, who fails to report the commission of an offence under sub-section (1) of section 19 or section 20 or who fails to record such offence under sub-section (2) of section 19 shall be punished with imprisonment of either description which may extend to six months or with fine or with both.
(2) Any person, being in-charge of any company or an institution (by whatever name called) who fails to report the commission of an offence under sub-section (1) of section 19 in respect of a subordinate under his control, shall be punished with imprisonment for a term which may extend to one year and with fine.
(3) The provisions of sub-section (1) shall not apply to a child under this Act.
Visual Summary
General Failure
Who: Any person (including police failing to record).
Offence: Failing to report (Sec 19/20) or record.
Institutional Failure
Who: Head of Company or Institution.
Offence: Failing to report a subordinate’s crime.
Child Exemption
Who: A child (under 18).
Scenario: Fails to report an offence.
Summary
Section 21 acts as the enforcement mechanism for the mandatory reporting laws found in Sections 19 and 20. The POCSO Act does not just encourage reporting; it criminalizes silence.
This section establishes legal penalties for three distinct categories:
- General Public & Police: If an ordinary citizen fails to report a suspected crime, or if a police officer fails to record a report given to them, they face imprisonment up to 6 months.
- Heads of Institutions: The law places a higher burden on those in charge of companies, schools, or institutions. If a subordinate commits an offence and the person in charge fails to report it, the punishment is more severe (up to 1 year). This prevents cover-ups in institutional settings.
- Minors: Recognizing the vulnerability of children, the Act explicitly states that a child cannot be punished for failing to report an offence.
Key Takeaways
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Mandatory Reporting Enforced: Failure to report a POCSO offence is a crime in itself, not just a moral failing. -
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Police Accountability: Police officers who fail to record a complaint (Section 19(2)) are liable for punishment under this section. -
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Institutional Responsibility: Principals, CEOs, and managers face stricter penalties (1 year vs 6 months) to discourage institutional cover-ups. -
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Child Immunity: A child who witnesses a crime but is too scared or unable to report it cannot be prosecuted.
Process Flowchart: Liability Determination
Practice Questions
1. What is the maximum imprisonment for a general person who fails to report a POCSO offence?
Show Answer
Correct Answer: 6 months.
Under Section 21(1), the punishment may extend to imprisonment of either description for a term of six months, or with fine, or with both.
2. A school principal fails to report a sexual offence committed by a teacher against a student. What is the maximum imprisonment applicable?
Show Answer
Correct Answer: 1 year.
Under Section 21(2), a person in charge of an institution who fails to report an offence by a subordinate is punishable with imprisonment extending to one year and fine.
3. Can a 16-year-old be punished under Section 21 for failing to report an offence they witnessed?
Show Answer
Correct Answer: No.
Section 21(3) explicitly states that the provisions of punishment for failure to report do not apply to a child.
Related Provisions
Conclusion
Section 21 is a critical enforcement provision in the POCSO Act. It ensures that the mandatory reporting requirements are not merely suggestions but legal obligations with consequences. By imposing stricter penalties on heads of institutions, the Act seeks to dismantle the culture of silence that often surrounds child abuse in schools, care homes, and other organizations. However, it balances this strictness with compassion by exempting children from these penalties.