The Delhi High Court on Monday quashed proceedings pertaining to the prosecution of a woman under the Protection of Children from Sexual Offences (Pocso) Act for allegedly failing to report the sexual abuse of her minor daughter. The court held that the “law must recognise” the hesitation to report such incidents “not as guilt, but as a human response to a deeply complex situation.”
The woman had moved the Delhi High Court challenging a sessions court order which had framed charges against her under section 21 of the Pocso Act. The girl was alleged to have been sexually assaulted by her father and a 12-year-old cousin.
Taking note that the woman petitioner had herself been a survivor of domestic violence at the hands of her in-laws and husband, and that the minor survivor’s statement “paints a clear picture of the mother‘s own vulnerability and the hostile circumstances in which she lived”, Justice Swarana Kanta Sharma recorded that the family members had discouraged the child “from escalating the matter, citing familial harmony and fear of tension with her daughter-in-law (petitioner).”
Justice Sharma also noted that the petitioner had filed multiple complaints against her family members, “indicating that she had been trying to resist the violence and abuse in whatever ways were accessible to her within the constraints of her social and domestic environment.”
“In this Court‘s view, the petitioner‘s initial doubt in believing such allegations may not reflect wilful neglect on her part, but rather a complex psychological response shaped by years of abuse, dependency, and survival within a hostile matrimonial environment…This is not a case where the petitioner had actively concealed the offence or attempted to shield the perpetrators,” the court said.
Underlining that the woman’s actions must not be equated with criminal culpability, Justice Sharma said, “On the contrary, her conduct – though delayed – is marked by eventual courage, initiative, and the instinct to protect her child, even at great personal risk. The mother in the present case did not suppress the offence indefinitely. Once she gathered the courage, it was she who contacted the authorities, took her child to the police station, and in fact, became the first witness in her daughter‘s journey to justice.”
“It is vital for the Courts to understand the state of helplessness and paralysis that may result in such a traumatic environment…The law must recognise that trauma is not linear – it affects people in complex ways, and that includes delay, silence, or hesitation in reporting,” the judge added.
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The court observed that it was evident the petitioner was not complicit in shielding the accused. “Despite being a victim of physical abuse and emotional isolation, she eventually became the first person who took the crucial step of contacting the Women‘s Cell, dialling the DCW (Delhi Commission for Women) helpline, and accompanying her daughter to the police station to lodge the FIR in question. The medical examination of the minor victim and the initiation of legal proceedings only occurred due to the petitioner‘s intervention,” it stated.
Justice Sharma, while quashing the charges framed against the petitioner, further recorded, “The socio-economic status, education, gender, and cultural background of the person accused must be considered when assessing their conduct. In India, stigma around reporting sexual violence – particularly incest – is profound. Many families fear social ostracisation, damage to their daughter‘s future prospects, or being labelled dishonourable. For a mother, reporting the sexual abuse of her daughter by her husband or his relatives can be emotionally and socially devastating.”
“The fear is not abstract, but real. Many such women may hesitate, delay, or struggle to decide what to do. The law must recognise this hesitation not as guilt, but as a human response to a deeply complex situation. Courage does not always come instantly, it sometimes takes time to build, and the fact that she eventually stood up must be honoured, not punished…justice can never be complete if it is blind to the social realities in which people live. In criminal cases, especially those involving sexual offences within families, it becomes important for courts to look beyond the law as it is written in black and in white,” Justice Sharma observed.