Case Note & Summary
The applicant, Sanjay Shirbhate, was a Police Inspector incharge of Maregaon Police Station, Yavatmal. On 11 March 2017, a 12-year-old girl was allegedly sexually assaulted by Sheshrao Shinde. The victim and her father visited the police station on the same day and claimed to have informed the applicant about the incident. However, the FIR was not registered immediately; it was registered later as Crime No. 78 of 2017 under Sections 376(2)(i)(j) IPC, Section 6 POCSO Act, and Section 3 of the SC/ST (Prevention of Atrocities) Act. The applicant was charged for failure to register the FIR in breach of Section 19(2) of the POCSO Act and Section 4 of the Atrocities Act. The applicant filed a criminal application under Section 482 CrPC seeking quashing of the proceedings. The court examined the allegations and found that the information was allegedly given to the applicant when he was present at the police station, but the father of the victim did not specifically state that he gave the information to the applicant in his official capacity. The court held that Section 19(2) POCSO Act and Section 4 Atrocities Act require that the information be received by a police officer in his official capacity. Since the allegations did not disclose that the applicant received the information in his official capacity, no offence was made out. The court quashed the criminal proceedings against the applicant, allowing the application.
Headnote
A) Criminal Procedure Code - Quashing of FIR - Section 482 CrPC - Abuse of Process - Allegations that police officer failed to register FIR under POCSO Act - Court held that where the information was not received by the officer in his official capacity, no offence under Section 19(2) POCSO Act or Section 4 Atrocities Act is made out - Proceedings quashed to prevent abuse of process (Paras 5-8).
B) Protection of Children from Sexual Offences Act, 2012 - Mandatory Registration - Section 19(2) - Duty of Police Officer - The provision requires immediate registration of FIR only when information is received by a police officer in his official capacity - Information given to an officer while he is not on duty or not in the police station does not attract the provision (Paras 5-6).
C) Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 - Failure to Register FIR - Section 4 - Similar interpretation as Section 19(2) POCSO Act - Information must be received in official capacity to attract penal liability (Para 7).
Issue of Consideration
Whether the applicant, a Police Inspector incharge of a police station, can be prosecuted for failure to register an FIR under Section 19(2) of the POCSO Act and Section 4 of the Atrocities Act when the information about the offence was allegedly given to him but not in his official capacity.
Final Decision
The court allowed the application and quashed the criminal proceedings against the applicant. Rule made absolute.
Law Points
- Section 19(2) of POCSO Act mandates immediate registration of FIR upon receipt of information
- but only when information is received by a police officer in his official capacity
- Section 4 of Atrocities Act has similar requirement
- Quashing of criminal proceedings under Section 482 CrPC when allegations do not disclose essential ingredients of offence
- No vicarious liability for failure to register FIR if information not given to the officer personally in official capacity.
Case Details
2019 LawText (BOM) (03) 301
Criminal Application (APL) No. 415 of 2018
SUNIL B. SHUKRE, S.M. MODAK
Shri P.H. Gulhane for applicant, Shri N.B. Jawade APP for nonapplicants
Sanjay s/o Manoharrao Shirbhate
The State of Maharashtra through its Home Secretary, The Superintendent of Police, Yavatmal, Police Station Officer, Maregaon Police Station
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Nature of Litigation
Criminal application under Section 482 CrPC for quashing of criminal proceedings against a police officer for alleged failure to register FIR under POCSO Act and Atrocities Act.
Remedy Sought
Quashing of the criminal proceedings initiated against the applicant for offences under Section 19(2) of POCSO Act and Section 4 of Atrocities Act.
Filing Reason
The applicant was charged with failure to register an FIR immediately upon receipt of information about a sexual offence against a child, in violation of mandatory provisions.
Issues
Whether the applicant, a Police Inspector, can be prosecuted for failure to register FIR under Section 19(2) POCSO Act and Section 4 Atrocities Act when the information was allegedly given to him but not in his official capacity.
Submissions/Arguments
Applicant argued that the information was not given to him in his official capacity and that the allegations do not disclose any offence.
State argued that the applicant was present at the police station and was informed, thus he was duty-bound to register the FIR.
Ratio Decidendi
Section 19(2) of the POCSO Act and Section 4 of the Atrocities Act require that the information about the commission of an offence be received by a police officer in his official capacity. If the information is not received in official capacity, the duty to register FIR does not arise, and no offence is made out for failure to register. The proceedings were quashed to prevent abuse of process of court.
Judgment Excerpts
This is a case which involves, according to the allegations made against the applicant, failure to perform duty as incharge of a Police Station, upon receipt of an information regarding commission of an offence punishable under the provisions of the Protection of Children from Sexual Offences Act, 2012.
The allegations so far as this applicant are concerned are that at the time when the victim and her father went to the Police Station on 11.03.2017, this applicant was present and he was informed about the incident by the father of the victim but the applicant did not register the crime.
The provision of Section 19(2) of the POCSO Act mandates that upon receipt of information about commission of an offence under the Act, the police officer shall immediately register the FIR. However, this duty arises only when the information is received by the police officer in his official capacity.
Procedural History
The applicant filed Criminal Application (APL) No. 415 of 2018 under Section 482 CrPC before the Bombay High Court, Nagpur Bench, seeking quashing of criminal proceedings initiated against him for alleged failure to register FIR under POCSO Act and Atrocities Act. The court heard the matter and delivered judgment on 06.03.2019.
Acts & Sections
- Protection of Children from Sexual Offences Act, 2012: Section 19(2), Section 6
- Indian Penal Code, 1860: Section 376(2)(i)(j)
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989: Section 3, Section 4
- Code of Criminal Procedure, 1973: Section 482
