Punishment for failure to report or record a case
Section 21 of the Protection of Children from Sexual Offences Act, 2012 deals with punishment for failure to report or record a case. 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. The Act came into force on 14 Nov 2012.
(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, The Protection of Children from Sexual Offences Act, 2012 (Act 32 of 2012).
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Mahboob Khan vs State of Rajasthan through Pp
Court's Decision & Legal Precedent
In criminal bail applications under Section 439 CrPC, even in cases involving serious charges such as sexual offences against minors, bail may be granted to an accused who has undergone substantial custody, subject to conditions imposed by the trial court, without prejudging the merits of the case. The court's role is to balance the right to liberty with the need to ensure appearance and prevent abuse of process.
On this section: Punishment for abetment of offences under POCSO Act
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Questions about Section 21
What have the courts held on Section 21 of the Protection of Children from Sexual Offences Act?
Mahboob Khan vs State of Rajasthan through Pp (03 Apr 2017) is the leading judgment on this section among those set out below: Punishment for abetment of offences under POCSO Act.
How do I find court cases under Section 21 of the Protection of Children from Sexual Offences Act?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: Pocso Act 21, section 21 Pocso Act, section 21 of the Protection of Children from Sexual Offences Act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with Mahboob Khan vs State of Rajasthan through Pp (03 Apr 2017).
What should I read with Section 21 of the Protection of Children from Sexual Offences Act, and has it changed?
Its own text turns on section 19 (Reporting of offences), section 20 (Obligation of media, studio and photographic facilities to report cases), so none of them can safely be read on its own.
When did Section 21 of the Protection of Children from Sexual Offences Act come into force?
Section 21 of the Protection of Children from Sexual Offences Act, cited as Pocso Act 21, came into force on 14 Nov 2012, having been enacted on 19 Jun 2012. It is in force as at the date shown on this page.
Other sections of this Act
- 9. Aggravated sexual assault813 words
- 5. Aggravated penetrative sexual assault811 words
- 33. Procedure and powers of Special Court395 words
- 2. Definitions340 words
- 19. Reporting of offences338 words
- 45. Power to make rules323 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 15 Oct 2026. This page is not a substitute for legal advice.