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  • In a recent ruling, how did SC differ from POCSO?
    Posted on May 30th, 2025 in Exam Details (QP Included)

    • The Supreme Court declined to sentence a man convicted under the Protection of Children from Sexual Offences Act, 2012 (POCSO Act), citing the victim’s lack of view of the incident as a crime.

    • POCSO Act, enacted in December 2012, criminalizes both penetrative and nonpenetrative sexual assault, harassment, and child pornography.

    • The Act mandates child-friendly procedures like special courts, in-camera trials, and video-recorded tests.

    • The case involved a 13-year-old girl from rural West Bengal who was later found to have married a 25-year-old man.

    • The Calcutta High Court overturned the conviction, citing its inherent powers under Section 482 of the Code of Criminal Procedure.

    • The court recommended legislative amendments to exclude such relationships from POCSO’s ambit.

    • The court set aside the HC’s ruling, reaffirming that POCSO does not recognize ‘consensual sex’ with minors.

    • The court withheld sentencing pending a report from a three-member expert panel.

    • The court urged the West Bengal government to ensure the victim’s welfare and rehabilitation.

    • The court stressed that any exceptions to the POCSO Act could weaken its core intent to protect minors from sexual exploitation.

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