INTRODUCTION
The Protection of Children from Oppression of Sexual Offences Act, 2012 (POCSO) is a landmark statute in India for protection of children against sexual abuse and exploitation. The Supreme Court (SC) is, among others, poised to act as a translator and implementer of this law, premised on fairness on the issue of victims’ right to claim justice in the work of administering justice. During the year 2024, important judgments have marked the child protection jurisprudence by reaffirming the axioms of justice, consent, and evidentiary standards as applied under the POCSO Act.
BACKGROUND
The POCSO Act was enacted to ensure that there is a sound legal framework to deal with sexual offenses against children, so justice is swift and effective. Judicial decisions have elucidated the boundaries of the Act concerning the age of consent, procedural safeguards as well as evidentiary requirements. The Supreme Court, as usual, has constantly tried to read the law through different lenses and balanced child rights against due process and child fairness. New cases decided in 2024 also shed light on critical aspects of the Act dealing with the consent in adolescent relationships and investigational and trial procedures.
KEY POINTS FROM 2024 VERDICTS
- Clarification on Age of Consent and Romantic Relationships
- According to the Supreme Court ruling, the POCSO Act is a strictly liable Act, and so, the presence of implicit consent is irrelevant, is it not a defence regardless of the age of the plaintiff. Nevertheless, the Court has also acknowledged the complexity of cohabitating adults with minors and, in this way, has urged lower courts to consider the offender’s history when it appears necessary for determining the penalty. 2. Bail and Procedural Safeguards
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- Historically and in fact today, the SC has laid down the practice which is followed in granting bail in offenses under the POCSO Act whereby each judicial authority is duty bound to balance and correlate the right of the accused in the subsequent proceedings with the seriousness of the allegation. The Court also highlighted the relevancy of evidence of actual denial of bail and the principle of compliance with the rules of a fair trial.
- EVIDENTIARY STANDARDS AND TESTIMONIES
- According to the SC, testimony of a child victim of abuse may be (and indeed is) excluded from the successful finalization of a conviction if such is the case when it is not corroborated by any evidence. Nevertheless, the allegations must not be coercive and undue influence are prohibited.
RECENT DEVELOPMENTS
Beyond pronouncements coming from judicial analysis, 2024 has also been a year to discuss appropriate amendments to the POCSO Act to broaden the scope of interpretations in relation to the adolescent bonds and the capacity of the victims to avail the rehabilitation provisions. The National Commission for the Regulation of the Right of Child (NCPCR) has also provided for guidelines of the reporting system and dispensation of assistance services to the victim(s). In addition, even the High Courts of other states have now also become a cadre of the SC observation and uniformity in the matter of the application law of the states is also established.
CONCLUSION
The SC judgments in 2024 have not put an end to the way the POCSO Act spirit and the way to solve the problems thereof persists. During the discussion of legal ambiguities and the guarantee of procedural due process, courts safeguard the rights of child victims and child offenders. According to the child protection laws in India, in the current scenario, achieving judicious intervention, recourse is made to the resort of judicial review, legislative amendment, and victim relief measures.
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WRITTEN BY: SUBRAT ASHISH KHARE
