[Sexual Assault by Father] Can POCSO Case be compromised by Mother? Kerala HC Answers

Answering to “Can POCSO Case be compromised by Mother?”, Kerala High Court dismissed a second bail application by a father accused of sexually assaulting his 17-year-old daughter. The High Court held that offences under the Protection of Children from Sexual Offences (POCSO) Act, 2012 are not compoundable, and that a settlement arrived at by the victim's mother cannot override the prosecution. 

Background of Sexual Assault by Father

The applicant, aged 50, is the sole accused in the instant POCSO case. He is the father of the minor victim, aged 17. The offences alleged against him are punishable under Sections 10, 9(l), 9(n), 12 and 11(i) of the POCSO Act. 

Prosecution case of sexual assault by father reflects that he touched the victim on thighs, breast, and made sexually coloured remarks against the victim at different occasions. The applicant was remanded to judicial custody on 17 April 2026 and has remained in custody since then. 

The matter was decided by Justice Dr. Kauser Edappagath of the Kerala High Court at Ernakulam on 3 August 2026. The application was filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, which deals with applications for bail. This was the applicant's second bail application before the High Court, filed against an earlier order dated 22 July 2026 that had dismissed his first bail application. 

Arguments Before the Court 

Advocate Jerry Mathew, appearing for the applicant, submitted that the applicant is innocent and has been falsely implicated, and that no materials are on record connecting him to the alleged crime. He further submitted that after the dismissal of the first bail application, the matter had been settled between the applicant and the victim's mother, who had expressed her willingness to have the applicant granted bail. 

Senior Public Prosecutor Smt. Aneeda Beegum, appearing for the State, submitted that the alleged incident was part of the applicant's intentional criminal acts and that he was not entitled to bail at this stage. 

In support of the claim of compromise in POCSO case, the applicant relied on an affidavit sworn by the victim's mother, asserting that the matter had been settled and that she did not wish to prosecute the case further, and that the victim had no objection to the grant of bail. The Kerala High Court noted that the mother's affidavit did not contend that the incident had not occurred; her case rested solely on the claim of a subsequent settlement. 

Can POSCO case be compromised? 

The Kerala High Court observed that the first bail application had earlier been dismissed having regard to the nature of the crime, the gravity of the offence, for allegations of sexual assault by father upon his daughter. It noted that the mother, who had initially lodged the complaint alleging sexual assault, had chosen compromise in POCSO case, describing this as a situation of "the fence itself devouring the crop." 

The Kerala High Court held that offences involving sexual assault of a minor are not compoundable. Relying on its earlier decision in Vishnu v. State of Kerala, 2023 (3) KLT 754, the High Court held that “the law does not permit parents or guardians of a minor victim to compromise, withdraw, or express no objection to the continuation of criminal proceedings or to the grant of bail in a case of incestuous sexual assault.” 

The Kerala High Court further held that a mother cannot legally settle or compromise a case against the father for sexual harassment or sexual assault of their minor daughter. It further explained that any compromise or out-of-court settlement effected by parents of a minor victim with the object of stifling criminal prosecution cannot receive the sanction of law.  

Parens Patriae in POCSO Case 

The Bench observed that such a settlement cannot override the State's duty to prosecute offences against children, and that courts were also bent to safeguard the rights of minor victims of sexual assault even where parents fail to do so. As expressed by Kerala High Court, “Courts, in the exercise of their parens patriae jurisdiction, bear a bounden duty to safeguard the rights of minor victims of sexual assault, even where parents fail to do so.” 

Outcome 

Answer the question of “Can POCSO case be compromised by mother?”, the Kerala High Court came with a big NO! Holding that the compromise could not be accepted, the Bench ruled that the applicant could not be released on bail. The bail application was accordingly dismissed.