Kerala HC clears teacher of POCSO reporting charges

The Kerala High Court has dismissed a case against a teacher accused of failing to report a crime under the POCSO Act. The teacher was present when a student reported allegations of sexual assault. The court's decision focused on whether the teacher had a responsibility to report the incident. It found that simply being in the room during the complaint submission does not make someone liable for not reporting it. There was no evidence that the teacher intentionally failed to act. The case involved a complaint submitted by a student on November 17, 2022, about an incident that occurred the day before. The student had informed the school principal through WhatsApp. A meeting was held shortly after to discuss the situation, and it was decided to report the matter to the police. However, the principal was said to be reluctant at first. The court noted that the teacher did not take part in handling the complaint and was merely present when it was discussed. The prosecution argued that as a member of the school staff, the teacher should have reported the crime without delay. However, the court highlighted that there was no deliberate failure to report. Additionally, it mentioned that similar charges against the principal and another staff member had already been dropped since the police complaint was filed quickly. Ultimately, the court ruled that the teacher did not commit any offense, and all proceedings against him were quashed.