SC Invokes Article 142 to Quash POCSO Case, Citing Practical Realities After Couple’s Marriage
The Supreme Court of India has invoked its plenary powers under Article 142 to quash a POCSO case against a man who later married the victim, noting that justice must also consider practical realities. The bench observed that while the Protection of Children from Sexual Offences (POCSO) Act is a vital legal safeguard, certain cases require a compassionate and contextual approach, especially when both parties are now adults and have chosen to settle the matter amicably. The Court emphasized that criminal law reflects society’s collective conscience, but its application should not ignore the lived circumstances of those involved. It clarified that the decision does not dilute the intent or seriousness of the POCSO Act but reflects the Court’s duty to ensure equitable justice. Legal experts view the ruling as an example of the judiciary balancing the rigour of law with humanitarian considerations in exceptional cases.
