No new FIR in school rape case: Reddi

'We will take stringent action against the school authorities if it is found that they tried to hush up the case'

July 22, 2014 11:44 pm | Updated November 16, 2021 05:33 pm IST - Bangalore

Minister for Home K.J. George announced on the floor of the House on Monday that a first information report (FIR) would be filed against authorities of the private school where a six-year-old girl was raped recently. However, on Tuesday, Police Commissioner M.N. Reddi said a second FIR would not be filed in the case.

Mr. Reddi told The Hindu that there was no need of a second FIR for the same incident. He said the police would take stringent action against the school authorities if it was found that they tried to hush up the case. “Appropriate sections could be added and more persons could be named as accused in the same FIR, based on the outcome of the investigation into the case,” he said.

POCSO Act

A senior police official said the Protection of Children from Sexual Offences (POCSO) Act, 2012, under which a case had been booked, also had a provision to punish for failing to report offences to the police.

Section 19 (I) of the Act mandates any person who has knowledge that a sexual offence against a child has been committed, to report the case to the police. Section 21 (I) provides for a punishment of imprisonment up to six months for non-reporting of the crime. Section 21 (II) of the Act, applicable to school authorities in the context states, “Any person, being in charge of any company or an institution (by whatever name called), who fails to report the commission of an offence in respect of a subordinate under his control, shall be punished with imprisonment for a term which may extend to one year and fine both.”

School’s role

The official said that they were investigating as to when the school authorities came to know about the incident and what action they initiated.

He added that they were probing whether or not the girl was given a bath after the incident in the school, which may amount to destruction of evidence. He said if such information comes to light during the probe, all responsible authorities of the school, including its founder, could be booked under Section 19 of the Act.

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