Kerala HC issues directive to prevent unwarranted implication of doctors in POCSO cases [Read Order]

Kerala: The Kerala High Court has issued a significant directive aimed at preventing the unnecessary implication of doctors in criminal proceedings under the Protection of Children from Sexual Offences (POCSO) Act.

Kerala High Court Ruling on Doctors’ Involvement in POCSO Cases

Justice A. Badharudeen made crucial observations on the practice of mechanically arraying doctors as accused and its legal implications.

The court addressed the case involving Dr. T. Ambujakshi, a 68-year-old gynecologist, who was charged with failing to report a minor’s pregnancy. The court noted, “Doctors are entrusted with the duty to save their patients’ lives and are constantly engaged in this responsibility. Therefore, while implicating doctors in criminal cases under Section 19 of the POCSO Act, the investigating officer must apply their mind.”

POCSO Act: Kerala HC Directs Investigation Reform for Medical Professionals

Addressing the specific concerns about doctors’ involvement in POCSO cases, the court observed, “It has been noticed that doctors have been arrayed as accused under Section 19 of the POCSO Act mechanically, without the investigating officer properly applying their mind. This is nothing short of absolute injustice, putting doctors under the mental trauma of criminal prosecution.”

The court highlighted the potential negative consequences of such mechanical prosecutions, stating, “This would serve as a hindrance to doctors performing their duties promptly.”

In a specific directive, the court instructed, “Investigating officers are hereby directed to be more cautious when doctors’ involvement is in question in POCSO offences. The implication of doctors in criminal cases under the POCSO Act shall be avoided unless relevant evidence justifies it.”

The court emphasized the need for careful consideration before involving medical professionals in criminal proceedings, particularly under Section 19, read with Section 21, of the POCSO Act.

In this particular case, the court quashed the proceedings against Dr. Ambujakshi, noting that she had treated the patient based on the age disclosed and had no prima facie reason to doubt the information provided.

The court directed the Director General of Police to ensure that investigating officers comply with these guidelines in future cases involving potential POCSO Act violations by medical professionals.

Case Title: Crl.M.C. No.4728 of 2021, Dr. T. Ambujakshi vs. State of Kerala

[Read Order]