Section 21 POCSO: Punishment for failure to report or record a case
Protection of Children from Sexual Offences Act, 2012
Section 21 POCSO at a Glance
Section 21 POCSO punishes failure to report or record a POCSO offence with up to 6 months' imprisonment, a fine instead of imprisonment, or both. Company or institution heads failing to report a subordinate's offence face up to 1 year's imprisonment and fine.
Sub-section (1): up to 6 months. Sub-section (2): up to 1 year
Section 21 POCSO Bare Act 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.
Section 21 POCSO in Simple Words
Section 21 POCSO sets the punishment for failing to report or record an offence under the Act. Under Section 21(1) POCSO, punishment applies in three situations: when any person fails to report the commission of an offence as required under Section 19(1) POCSO, when personnel of media, hotels, lodges, hospitals, clubs, studios, or photographic facilities fail to report sexually exploitative material involving a child to the Special Juvenile Police Unit or local police under Section 20 POCSO, or when a person fails to record the report as Section 19(2) POCSO requires. The punishment under Section 21(1) POCSO is imprisonment of either description for up to 6 months, a fine instead of imprisonment, or both.
Section 21(2) POCSO sets a stricter punishment for a person in charge of any company or institution (by whatever name called). If the person in charge fails to report the commission of an offence under Section 19(1) POCSO in respect of a subordinate under that person's control, the punishment is imprisonment for up to 1 year and a fine. Both imprisonment and a fine are mandatory upon conviction under Section 21(2) POCSO.
Section 21(3) POCSO carves out an exception for children. Even though Section 19(1) POCSO includes a child among those who report an offence, Section 21(3) POCSO states that the punishment under Section 21(1) POCSO does not apply to a child.
Ingredients of Section 21 POCSO
- An offence under POCSO has been committed, or sexually exploitative material or objects involving a child have been encountered under Section 20 POCSO.
- Under Section 21(1) POCSO, a person (other than a child) fails to report the commission of the offence under Section 19(1) POCSO or Section 20 POCSO to the Special Juvenile Police Unit or local police, or fails to record the report as required under Section 19(2) POCSO.
- Under Section 21(2) POCSO, the accused is a person in charge of a company or institution (by whatever name called).
- Under Section 21(2) POCSO, the unreported offence under Section 19(1) POCSO is in respect of a subordinate under the control of that person in charge.
Punishment Under Section 21 POCSO
Sub-section (1): up to 6 months. Sub-section (2): up to 1 year
Sub-section (1): fine instead of or with imprisonment. Sub-section (2): imprisonment and fine
POCSO does not classify its offences, so Part II of the First Schedule to the BNSS decides it: an offence punishable with imprisonment for less than 3 years is non-cognizable and bailable. Section 28 POCSO makes the Special Court try offences under the Act. POCSO has no provision allowing an offence to be compounded.
Under Section 21(1) POCSO, the punishment is imprisonment of either description for up to 6 months, a fine instead of imprisonment, or both, while under Section 21(2) POCSO, the punishment is imprisonment for up to 1 year and a fine. Offences under Section 21 POCSO are bailable, non-cognizable and non-compoundable. Under Section 28 POCSO, the offence is tried by the Special Court.
Example of Section 21 POCSO
When Section 21 POCSO Does Not Apply
- The person who fails to report the commission of an offence under Section 21(1) POCSO is a child, as Section 21(3) POCSO excludes children from Section 21(1) POCSO.
FAQs on Section 21 POCSO
What is Section 21 POCSO?▼
Section 21 POCSO is the provision that punishes failure to report or record an offence under the Act. It sets a punishment of up to 6 months of imprisonment, a fine instead of imprisonment, or both for general failure to report or record, and up to 1 year of imprisonment and a fine when the head of a company or institution fails to report an offence in respect of a subordinate.
Can a child be punished under Section 21(1) POCSO for not reporting an offence?▼
No. Section 21(3) POCSO states that the provisions of Section 21(1) POCSO do not apply to a child under the Act. Under Section 2(1)(d) POCSO, any person below 18 years of age is a child and cannot be punished under Section 21(1) POCSO for failing to report an offence.
What is the punishment if the police fail to record a POCSO complaint?▼
Up to 6 months of imprisonment, a fine instead of imprisonment, or both. Under Section 21(1) POCSO, any person who fails to record an offence as required under Section 19(2) POCSO faces this punishment.
Is a fine mandatory when the head of an institution fails to report a subordinate under Section 21(2) POCSO?▼
Yes. Section 21(2) POCSO specifies imprisonment for a term which may extend to 1 year and with fine, making both imprisonment and a fine mandatory on conviction. By contrast, under Section 21(1) POCSO, the court may impose a fine instead of imprisonment, or both.
Is an offence under Section 21 POCSO bailable and cognizable?▼
Bailable and non-cognizable. Because the maximum imprisonment under Section 21 POCSO is less than 3 years, the offence is bailable and non-cognizable, and it is tried by the Special Court designated under Section 28 POCSO.
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Sources: Bare Act Text, Protection of Children from Sexual Offences Act, 2012 (India Code) ·