Supreme Court News: The complaint of child sexual abuse will be very expensive! A landmark judgment of the Supreme Court

• Often schools suppress such incidents to avoid discrediting themselves
• The acquittal of the principal in this case was quashed by the Supreme Court
• Schools are considered to be the safest place for children, so it is the primary duty of the administrators to take immediate legal action against injustices that occur there

Supreme Court News: “If a school principal or school administration receives a complaint of child sexual abuse, it is their responsibility to report it. They cannot dismiss the case by claiming that they will investigate on their own.” The Supreme Court has given this decision in its decision. It is also important to know the important points raised by the court in this case.

Child sex The Supreme Court has given an important ruling while giving judgment in a case related to exploitation. “If a school official receives a complaint of child sexual abuse, they cannot simply investigate and dismiss the case. The officer cannot run away from his responsibility to report the incident. Failure to report the incident under Section 19 of the Prevention of Child Sexual Abuse Act, 2012, attracts criminal liability under Section 21 of the POCSO Act, which carries a jail term of up to six months or fine.” This is what the court said.

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What is the matter?

The rape of an eight-year-old girl by a senior student came to light. But the school principal was accused of suppressing the complaint about the matter. Supreme Court Justices Manoj Mishra and K. V. Viswanathan’s bench has quashed the principal’s acquittal in the case.

Also, if a school official receives a report of child sexual abuse, they cannot investigate and conclude that nothing happened. The court also said that the officers cannot run away from their responsibility to report the incident.

The victim first told her sister, then the head girl and finally the headmistress that the eighth-grader had sexually assaulted her. However, instead of filing a complaint with the police, the headmistress herself investigated. It is alleged that the case was suppressed by questioning the accused student, conducting a medical examination of the girl and after a few days of observation, concluding that “no such thing happened”.

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Taking a ‘mini trial’ is wrong

The Supreme Court also overruled the decision of the trial court and the High Court. The court noted that while only the prima facie case is supposed to be examined at the stage of framing of charges, both the courts considered the arguments of the defense as if it were a “mini trial”.

Relief to other officers

The Supreme Court only ordered the case against the headmistress to be reopened. The acquittal against the principal, teacher and hostel superintendent was upheld. Because, only the headmistress got the direct information about the incident from the victim girl.

Also, the Supreme Court clarified that since the victim’s sister, girlfriend and head girl are all minors, they cannot be prosecuted for non-disclosure under the POCSO Act.