As a prominent law firm specialising in cases involving Non Resident Indians (NRI), we would like to draw attention towards Section 19 of The Protection of Children from Sexual Offences (POCSO) Act, 2012. This section casts an obligation on every person, including NRIs, who has knowledge or reason to believe that a child is being sexually abused must report it to the police or Special Juvenile Police Unit or Child Welfare Committee within 24 hours. Failure to do so may result in severe punishment according to laws of India.
Section 19 strives primarily for the protection and prevention of child sexual abuse by imposing stringent obligations on persons having knowledge or belief about such incidents. This section mandates that any violation shall be treated strictly under Indian Penal Code provisions as well as POCSO Act provisions. It requires prompt reporting with no room for delay until evidence collection takes place.
It is essential for NRIs living overseas and have heirs back home, keeping them away from themselves physically; this section becomes even more critical as they are responsible for ensuring their children’s safety while not present in India.
Furthermore, Case laws including Kuriakose Varghese Etc v Union Of India & Others [AIR1987SC1461], Hemant Singh vs State NCT Delhi And Anr[2020]INSC84 clearly explain how omission in reporting such crimes can lead to prosecution and punishment under IPC Section 225B which states: “Whoever fails to report any offence against a child which he knows or believes has been committed shall be punished with imprisonment up to three years…”.
Moreover, several other significant provisions like sections 21(a) and (b) impose an affirmative duty upon employers’ immediate reporting if made aware of any instances concerning child sexual offences taking place at work premises among co-employees during working hours etc.; similarlyl subsection(Sec-23(4)) imposed mandatory actions against individuals who possess child pornography.
In conclusion, it is vital for NRIs to be aware of their obligations and duties under Section 19 of the POCSO Act. It vividly highlights that the safety and protection of children must remain paramount importance in all societies globally, including India. The violation of this section may lead to severe punishment as stated above; hence, one should refrain from committing such offences or neglecting to report them promptly.