Delhi: 5-year-old child suffers sexual abuse; police not allowed to take any action against the accused, here’s why

The son of a Kenyan diplomat, a Class 12 student in a South Delhi school, allegedly sexually assaulted a 5-year-old girl on a school bus six months ago. Despite an FIR being filed, no police action has been taken against him due to his diplomatic immunity, ThePrint has reported citing top sources in the Delhi Police.

The incident happened in August 2024, and a FIR was filed in September. The victim is a Class 1 student, and the accused is an adult. They study at the same school, according to the police.

A senior Delhi police officer has told the publication that the accused has diplomatic immunity. The police have informed the Ministry of External Affairs (MEA), which is handling the matter.

The father of the victim told ThePrint that his daughter was sexually abused twice. After his daughter complained of frequent urination, two doctors confirmed she had been sexually assaulted.

The parents informed the school. According to the father, the school authorities enquired about all bus students except the accused. On February 7, large protests took place outside the school. People demanded action against the accused, the publication added.

The victim’s father claims that the accused has assaulted other children as well. According to him, the parents of four more minors reported similar incidents. But, the school allegedly took no action despite being informed.

What is diplomatic immunity?

Diplomatic immunity is a special protection given to foreign diplomats and their families. It prevents them from being arrested or prosecuted in the country where they are posted. This means that even if they break the law, the local police cannot take action against them.

Instead, any legal issue must be handled through the government of their home country. This rule ensures that diplomats can work freely without fear of unfair treatment in foreign countries.

However, in some serious cases, their home country can waive this immunity so they can be investigated or punished.