Supreme Court Issues Guidelines in Child Trafficking Cases, Calls Practice a ‘Disturbing Reality’

INTRODUCTION
The Supreme Court, on 19 December 2025, in a divisional bench comprising Justice Manoj Misra and Justice Joymalya Bagchi highlighted the “alarming reality of child trafficking and commercial sexual exploitation in India.” It gave a set of comprehensive guidelines to ensure a sensitive and realistic judicial approach at the time of evaluating child victims in trafficking cases.
BACKGROUND
The case arose when a minor was forcibly pushed into commercial sexual exploitation by a trafficking syndicate in Bengaluru. The victim was confined in a rental apartment having no access to the outside world. Later, the victim was recused by the police team in November 2010. While the trial court and the Karnataka High Court had upheld the conviction of the accused, it reached the apex court as the convicts highlighted the error in the witness statement of the victim and the flaws of the police during the raid.
KEY POINTS
Evidence Assessment
The court stated that a minor inconsistency in the child’s witness statement should not lead to an entire rejection of their witness statement, as the minor victim is an injured witness and not an accomplice to the case.
Sole Testimony
If the court finds the statement of the victim as reliable proof of evidence, then the court can convict the accused without any further corroborating evidence.
Age Determination
The age of the victim shall be primarily determined by school records, with ossification tests reserved only as a fallback option.
Substantial Compliance
If the police fail to follow the tiny details of the search, but have found the accused with marked currency notes and a rescued child, it shall act as a “substantial proof” that outweighs procedural errors.
Sensitivity over technicality
Trafficking victims are usually traumatized and come from vulnerable backgrounds. It would be “unrealistic” to expect the victims to keep in mind the exact number of rooms or be consistent in their accounts. Thus, minor contradictions in their statements should not disregard their witness in the court of law.
RECENT DEVELOPMENTS
In dismissing the technical challenges to search procedures, the Supreme Court placed a focus on the vulnerability of the victim, as well as the obligation to ensure the body’s integrity. This approach to justice opens up a broader reach and justice to the victim, making the survivor’s account enough to guarantee the body’s freedom from organized sexual exploitation.
CONCLUSION
The Supreme Court upheld the conviction of the gang members, upholding that judicial appreciation in such cases must be marked by “sensitivity and realism” rather than hyper-technical standards of proof. By establishing these safeguards, the apex court aimed to bridge the gap between legislative intent and the ground reality of organized child exploitation.
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WRITTEN BY: Sharanya M