Institute of Legal and Management Studies

The Supreme Court on Friday (May 23) decided not to impose a sentence on a man convicted under the Protection of Children from Sexual Offences Act, 2012 (POCSO Act), after noting that the victim did not perceive the incident as a crime and that she had suffered more due to the legal and social consequences that followed.

"The final report concludes that though the incident is seen as crime in law the victim did not accept it as one. The committee records that it was not the legal crime that caused any trauma to the victim but rather it was the consequence that followed which took a toll on her. What she had to face as a consequence was the police, the legal system, and constant battle to save the accused from punishment", the Court observed.

A bench of Justice Abhay Oka and Justice Ujjal Bhuyan exercised its powers under Article 142 of the Constitution (power to do complete justice) and decided not to impose any sentence.

After the incident, the convicted man married the victim (now an adult) and is residing with her and their child.

The Court observed, “The facts of this case are an eye-opener for everyone. It highlights the lacunae in the legal system.” It said the committee's report concluded that although the act was a legal offence, the victim did not consider it one.

The Court observed that the victim had no opportunity to make an informed choice earlier due to shortcomings in society, the legal system, and her own family. “The society judged her, the legal system failed her, and her own family abandoned her,” the Court said.

It added that the victim is now emotionally attached to the accused and has become “very possessive about her small family.”

Justice Oka remarked, “That is the reason we are giving for exercising power under Article 142 not to impose sentence.”

The Court has issued several directions to the State Government (to be updated once the judgment copy is available) and has also issued notice to the Ministry of Women and Child Development to consider further action based on suggestions received from Amicus Curiae.

Background

The proceedings arose from a suo motu case which the Supreme Court initiated following controversial observations made by the Calcutta High Court while acquitting a 25-year-old man convicted under the POCSO Act for engaging in sexual activity with a minor girl. The High Court made remarks regarding adolescent sexuality, stating that female adolescents should control their sexual urges, among other directions addressed to adolescent boys and girls.

On 20 August 2024, the Supreme Court set aside the High Court's judgment. The Court restored the conviction of the accused under Section 6 of the POCSO Act and Sections 376(3) and 376(2)(n) of the IPC, while confirming his acquittal under Sections 363 and 366 IPC.

The Court issued guidelines on judgment writing had been issued and that the High Court's remarks were not only objectionable and unwarranted but also violative of Article 21 of the Constitution. The State of West Bengal has also filed an appeal challenging the High Court's judgment.

In its judgment, the Supreme Court issued various directions to ensure State compliance with Section 19(6) of the POCSO Act and Sections 30 to 43 of the Juvenile Justice (Care and Protection of Children) Act, 2015 (JJ Act).

However, even after restoring the conviction, the Court decided to explore the fact situation more carefully before deciding upon the sentence.

The Court directed the West Bengal Government to constitute a three-member expert committee, including a clinical psychologist and a social scientist, with assistance from institutions like NIMHANS or TISS, and a child welfare officer as coordinator and secretary.

The Committee had to inform the victim about available benefits from the State and the Union Government, and to assist her in making an informed decision about her future, including whether to continue residing with the accused. The Court instructed that the Committee's report, preliminary or final, be submitted in a sealed cover, based on which, the matter would be taken up again to decide on sentencing.

The Court further directed that its judgment be forwarded to Law and Justice Departments across all States and Union Territories to convene meetings with relevant authorities to ensure strict implementation of Section 19(6) of the POCSO Act and relevant JJ Act provisions. They also had to consider framing Rules to implement Section 46 of the JJ Act and submit compliance reports to the Ministry of Women and Child Development, which was to compile and submit a final report to the Court.

On 24 October 2024, the Court recorded the State's assurance to provide quality education to the victim's child. On 3 April 2025, after interacting with members of the Committee of Experts and hearing the victim, the Court observed that she needed financial help. It stated that after the victim completes her 10th Board exams, the possibility of vocational training or part-time employment should be explored with the help of the West Bengal State Legal Services Authority.

Case no. – SMW(C) No. 3/2023

Case Title – In Re: Right To Privacy Of Adolescents