Supreme Court quashes POCSO case against man using extraordinary power
The Supreme Court of India used its extraordinary powers under Article 142 to quash a POCSO conviction after the victim married the accused upon reaching adulthood. The court also signaled a need to address the misuse of the POCSO Act in cases involving adolescent relationships.
Why it matters
This highlights a significant legal debate regarding the balance between protecting minors and recognizing consensual adolescent relationships.
Invoking its extraordinary authority under Article 142 of the Constitution, the Supreme Court has quashed the conviction of a man sentenced under the Protection of Children from Sexual Offences (POCSO) Act after noting that the victim has married the accused on attaining the age of majority. Article 142 of the Constitution empowers the Supreme Court to pass any order necessary for doing "complete justice" in any cause pending before it to ensure justice. In this case, the man and the woman fell in love while she was studying in Class XII.
The article presents the court's legal reasoning and the broader policy implications neutrally.
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