Lawstreet Journal

SC to consider if POCSO Case involving teenagers can be compounded [READ ORDER]

Lawstreet Journal 1 Apr 2021 10:32pm

Image courtesy: Lawstreet Journal Judiciary SC to consider if POCSO Case involving teenagers can be compounded [READ ORDER]

The Supreme Court on Tuesday, March 30, 2021 has issued notice on a special leave petition which raises the issue that whether an adolescent boy, who enters into a relationship with a girl who is less than 18 years of age, can be punished for the offence of sexual assault under the Prevention of Children from Sexual Offences Act (POCSO), 2021.

The petition is preferred against an order of the Madras High Court in Maruthupandi v. State, holding that even if a minor girl falls in love and develops a consensual relationship with her partner, the provisions of POCSO Act will be attracted against the latter.

A division bench comprising Justices Indira Banerjee and Krishna Murari issued notice to the Tamil Nadu government on the SLP and protected the petitioner from any coercive action in the meantime.

The petition filed through Advocate Rahul Shyam Bhandari states :

"Punishing teenager having a consensual affair which later tums out to be sour for any reason cannot be considered as an objective of the Act and it would only defeat the object of the Act. The Act is silent on the aspect where two individuals though may be less than 18 years, enters into a consensual relationship and in the absence of this, certainly the application of law in the Act cannot be permitted to charge and punish individuals in such relations keeping the fact of changing societal needs. Such consensual incidents certainly cannot be seen from the nature of such stringent provisions of the POCSO Act"

The High Court was… Continue Reading...

Tagged: POCSO Act   Protection of Children from Sexual Offences (POCSO) Act  
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