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POCSO Act and the Recent SC Ruling

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May 30, 2025

Prelims: Public policy| Social development | Current events of national and international importance.

Why in news?

Recently, Supreme Court declined to impose a sentence on a man convicted under the POCSO Act, noting that the victim did not view the incident as a crime and had suffered more from the legal fallout.

POCSO - Protection of Children from Sexual Offences Act
  • It was enacted in 2012 to protect children under 18 years from sexual offences.
  • It criminalises,
    • Penetrative and non-penetrative sexual assault
    • Sexual harassment
    • Child pornography
  • Gender-Neutral Law – The Act applies equally to all children under the age of 18, regardless of gender.
  • It also recognizes that offenders can be of any gender.
  • Consent of Minors is Not Legally Valid – Any sexual activity involving a person below 18 is considered non-consensual by law.
  • Even if the minor claims it was consensual, the law deems it  sexual offence under the law.
  • Special Courts – It establishes Special Courts in every district for speedy trials.
  • Child-Friendly Procedures – It ensures in-camera trials, where the public is not allowed during proceedings.
  • It allows video-recorded testimonies and statements to prevent re-traumatizing the child.
  • Presumption of Guilt – Under Section 29, if a person is accused of a sexual offence under POCSO, the court presumes the accused is guilty unless proven otherwise.
  • Time-Bound Trials – The law mandates that recording of the child’s evidence should be completed within 30 days of the Special Court taking cognizance.
  • The entire trial should be completed within one year from the date of taking cognizance.
  • Case background – In 2018, a 13-year-old girl went missing and was later found married to a 25-year-old man.
  • Despite her mother’s rescue attempts, she stayed with him and later gave birth to a child.
  • The accused was convicted in 2022 under POCSO, and various IPC Sections.
  • Special POCSO Court sentenced the accused to 20 years imprisonment.
  • The Calcutta High Court overturned the conviction and recommended exclusion of consensual adolescent relationships from POCSO.
  • Supreme Court set aside the Calcutta HC’s ruling and withheld sentencing and sought a deeper understanding of the victim’s present situation.
  • It deferred sentencing under Article 142 of the Constitution, citing:
    • The victim's welfare
    • Her continued support for the accused
    • Her social isolation and poverty
  • A three-member expert committee was formed to assesses the situation before a final decision.
  • Expert panel findings – It flagged the inadequate implementation of the POCSO Act as a “collective failure”.
  • It recommended keeping the family unit intact for the child’s welfare, alongside providing financial, legal, and educational support.
  • SC withheld sentencing and directed the West Bengal government to ensure her welfare and rehabilitation.

Controversy in SC ruling

  • SC’s withholding of punishment using its extraordinary jurisdiction (Article 142) is unusual.
  • It could lead to misuse by perpetrators claiming "consensual" relationships with minors.
  • It undermines the core intent of absolute protection for children from exploitation.

Way Forward

  • Need for comprehensive sex education and a stigma-free curriculum in schools.
  • Reforms in POCSO implementation to make justice more sensitive and effective.
  • Exceptions must remain rare and guided strictly by law and welfare but not social pressure or sentiment.

Reference

The Hindu| SC deviated from the POCSO Act in a recent judgment
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