Supreme Court Rebukes Calcutta High Court's POCSO Act Ruling

On August 20, the Supreme Court of India overturned a decision by the 'Calcutta High Court' that had controversially suggested changing the Protection of Children from Sexual Offences Act, 2012 (POCSO Act) to allow consensual sex with teenagers over sixteen. The High Court had earlier overturned the conviction of a 25-year-old man for raping a 14-year-old girl, arguing that a settlement between the victim and the accused should be taken into account.

The Supreme Court disagreed, saying that calling the rape "non-exploitative" and "romantic" was not acceptable. The Supreme Court clarified that the High Court’s role was only to check if the charges under Section 6 of the POCSO Act and Section 376 of the Indian Penal Code (IPC) were valid, without considering any romantic aspects. The Court also rejected the High Court’s proposal to change the POCSO Act to exclude consensual sex among older minors, saying this issue was not part of the case. The Supreme Court stressed that laws must be followed as they are, not changed based on individual cases.

Additionally, the Supreme Court disagreed with the High Court’s decision to overturn the conviction because of the victim’s alleged consent and living situation with the accused. It reaffirmed that, despite any settlement, the seriousness of the crime committed by an adult against a minor justified the conviction. The Supreme Court reinstated the man’s conviction under Section 6 of the POCSO Act and related IPC sections but upheld the acquittal on other charges.
 

Author: Aarya Kadam
News Writer

Aarya is a final-year BBA student and a creative writer with a passion for current affairs and legal judgments.