HC Quashes POCSO Charges Against Radiologist, Rules Sonography On Minor Not A Crime Without Prior Knowledge

In a landmark legal judgment safeguarding medical practitioners, the High Court of Chhattisgarh has quashed criminal proceedings under the Protection of Children from Sexual Offences (POCSO) Act against a doctor who performed a sonography procedure on a pregnant minor. A Division Bench comprising Chief Justice Ramesh Sinha and Justice Ravindra Kumar Agrawal ruled that conducting a routine ultrasound examination on a minor patient does not, in itself, constitute a criminal offense or warrant prosecution. The court affirmed that medical professionals cannot be booked under stringent penal laws based purely on conjecture, suspicion, or the routine execution of their professional duties.Mandatory Reporting Under POCSO Section 19 Requires Proof Of Prior Knowledge, Rules High Court BenchThe significant judgment came while hearing a petition filed by Dr. Aarti Uike (Vaskale), a radiologist practicing in Rajnandgaon, against whom a supplementary charge sheet had been filed under Section 21 of the POCSO Act for allegedly failing to inform law enforcement after examining a 15-year-old pregnant patient. Setting aside the lower court proceedings, the Division Bench clarified that the statutory duty to report an offense under Section 19 of the POCSO Act arises strictly when a person possesses direct knowledge or a concrete apprehension that a sexual crime has been committed. In the absence of prima facie evidence showing the radiologist was aware of an underlying offense, holding the doctor criminally liable remains legally unsustainable.Key Precedent Safeguards Medical Community From Unjust Criminal Liability During Routine Patient DiagnosticsThis ruling establishes a vital precedent across India’s legal and medical landscapes, preventing the misuse of child protection statutes against healthcare providers conducting diagnostic procedures in good faith. Justice Ramesh Sinha and Justice Ravindra Kumar Agrawal emphasized that doctors carrying out standard medical examinations should not face police harassment or criminal trials without definitive proof establishing intent or knowledge of illegal acts. The verdict offers immense legal clarity and administrative protection for radiologists, gynecologists, and diagnostic centers handling emergency or routine minor care.