The remaining charge was under Section 239 of the Bharatiya Nyaya Sanhita, 2023 (BNS), which deals with the offence of intentionally failing to report crimes.
The Court further noted that Section 33 of the BNS fastens a duty on the public to report certain offences.
However, sexual offences are not among the offences referred to in Section 33.
Other sexual crimes, however, have not been added to the list of offences that one is bound to report.
"The Court cannot transplant that duty into a statutory field where Parliament has consciously not placed it," the Court added.
The remaining charge was under Section 239 of the Bharatiya Nyaya Sanhita, 2023 (BNS), which deals with the offence of intentionally failing to report crimes.
The Court observed that this provision does not punish silence as such. Rather it deals with a failure to provide information that one is legally duty-bound to give.
The Court further noted that Section 33 of the BNS fastens a duty on the public to report certain offences. However, sexual offences are not among the offences referred to in Section 33.
The Court also noted that the legislature has expressly added a provision to in the Protection of Children from Sexual Offences Act, 2012 (POCSO Act) to make it mandatory to report child sexual assault offences. Other sexual crimes, however, have not been added to the list of offences that one is bound to report.
"The Court cannot transplant that duty into a statutory field where Parliament has consciously not placed it," the Court added.
