# Sankar v. State of Tamil Nadu, Curative Petition (Criminal)

- **Citation:** 2025 INSC 778
- **Court:** Supreme Court of India
- **Decided:** 2025-05-23
- **Bench:** Abhay S. Oka, Ujjal Bhuyan
- **Source:** https://unisonlegal.in/judgment/supreme-court-of-india/sankar-v-state-of-tamil-nadu-curative-petition-criminal-38959
- **Pages:** 26

## Headnote

Issue arose as regards sentencing the accused; about the
rehabilitation of the victim and her child; and about adopting
measures for adolescent well being and child protection.
Headnotes†
Protection of Children from Sexual Offences Act, 2012 -
s.6 - Penal Code, 1860 - ss.363 and 366 - Sentencing of the
accused - Rehabilitation of the victim and her child - Measures
for adolescent well being and child protection - On facts, girl
aged fourteen years victim under the POCSO Act - Victim
married the accused and had a child with him - Acquittal of the
accused for the offences punishable under the 2012 Act and
IPC by the High Court, since the victim and the accused wanted
to continue their cohabitation - In appeal thereagainst, this
Court set aside the judgment of the High Court and restored
the conviction of the accused for the offences punishable u/
ss.376(2)(n) and 376(3) IPC and s.6 of the POCSO Act - Issue
as regards sentencing the accused and the suo motu writ
petition as regards objectionable observations made in the
impugned judgment:
Held: Final report of the Committee concludes that though the
incident was seen as a crime in law, the victim did not treat it as
one - In law, no option but to sentence the accused and send
him to jail for undergoing the minimum punishment prescribed
by the Statute - However, the society, the family of the victim
and the legal system have done enough injustice to the victim,
she has been subjected to enough trauma and agony and would
add to the injustice by sending her husband to jail to undergo
imprisonment - There has been failure to provide both social and
economic justice to the victim, failure of the concept of welfare state,
complete failure of the society and the legal system - However,
* Author
[2025] 7 S.C.R.
217
In Re: Right To Privacy of Adolescents
as compared to the situation when the incident took place, victim
is better placed today and is comfortable with her small family -
Earlier she did not get any opportunity to make informed choice,
and now, she is desperate to save her husband and is emotionally
committed to him and has become very possessive of her small
family - To remedy the situation, the Court to ensure that the
accused is not separated from the victim, and the State and the
society to ensure that the family is rehabilitated - Exercising the
jurisdiction u/Art.142, though the accused stands convicted, he
will not undergo sentence - State to act as a true guardian of the
victim and her child; to provide a better shelter to the victim and
her family; to bear the expenditure of the education of the victim
till Xth standard, the degree course, if she desires to pursue, and
can offer her free vocational training after her Xth standard; to
bear the entire expenditure of the education of the child up to Xth
standard and ensure that she is educated in a very good school;
and to take the assistance of NGOs for securing debts incurred by
victim - State to file compliance report regarding implementation
of the said directions - Secretary, Ministry of Women and Child
Development to appoint Committee of experts to deal with the
suggestions of amici curiae, and thereafter submit detailed report.
[Paras 23-31]

## Text

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[2025] 7 S.C.R. 216 : 2025 INSC 778
In Re: Right To Privacy of Adolescents
(Suo Motu Writ Petition (C) No. 3 of 2023)
23 May 2025
[Abhay S. Oka* and Ujjal Bhuyan, JJ.]
Issue for Consideration
Issue arose as regards sentencing the accused; about the
rehabilitation of the victim and her child; and about adopting
measures for adolescent well being and child protection.
Headnotes†
Protection of Children from Sexual Offences Act, 2012 -
s.6 - Penal Code, 1860 - ss.363 and 366 - Sentencing of the
accused - Rehabilitation of the victim and her child - Measures
for adolescent well being and child protection - On facts, girl
aged fourteen years victim under the POCSO Act - Victim
married the accused and had a child with him - Acquittal of the
accused for the offences punishable under the 2012 Act and
IPC by the High Court, since the victim and the accused wanted
to continue their cohabitation - In appeal thereagainst, this
Court set aside the judgment of the High Court and restored
the conviction of the accused for the offences punishable u/
ss.376(2)(n) and 376(3) IPC and s.6 of the POCSO Act - Issue
as regards sentencing the accused and the suo motu writ
petition as regards objectionable observations made in the
impugned judgment:
Held: Final report of the Committee concludes that though the
incident was seen as a crime in law, the victim did not treat it as
one - In law, no option but to sentence the accused and send
him to jail for undergoing the minimum punishment prescribed
by the Statute - However, the society, the family of the victim
and the legal system have done enough injustice to the victim,
she has been subjected to enough trauma and agony and would
add to the injustice by sending her husband to jail to undergo
imprisonment - There has been failure to provide both social and
economic justice to the victim, failure of the concept of welfare state,
complete failure of the society and the legal system - However,
* Author
[2025] 7 S.C.R.
217
In Re: Right To Privacy of Adolescents
as compared to the situation when the incident took place, victim
is better placed today and is comfortable with her small family -
Earlier she did not get any opportunity to make informed choice,
and now, she is desperate to save her husband and is emotionally
committed to him and has become very possessive of her small
family - To remedy the situation, the Court to ensure that the
accused is not separated from the victim, and the State and the
society to ensure that the family is rehabilitated - Exercising the
jurisdiction u/Art.142, though the accused stands convicted, he
will not undergo sentence - State to act as a true guardian of the
victim and her child; to provide a better shelter to the victim and
her family; to bear the expenditure of the education of the victim
till Xth standard, the degree course, if she desires to pursue, and
can offer her free vocational training after her Xth standard; to
bear the entire expenditure of the education of the child up to Xth
standard and ensure that she is educated in a very good school;
and to take the assistance of NGOs for securing debts incurred by
victim - State to file compliance report regarding implementation
of the said directions - Secretary, Ministry of Women and Child
Development to appoint Committee of experts to deal with the
suggestions of amici curiae, and thereafter submit detailed report.
[Paras 23-31]
Case Law Cited
Shilpa Sailesh v. Varun Sreenivasan [2023] 5 SCR 165 : (2023) 14
SCC 231; K. Dhandapani v. State, 2022 SCC OnLine SC 1056;
Sankar v. State of Tamil Nadu, Curative Petition (Criminal)
3/2023; Elumalai v. Inspector of Police, Crl. Appeal No. 674 of
2018; Gian Singh v. State of Punjab [2012] 8 SCR 753 : (2012)
10 SCC 303 - referred to.
Ajay Kumar v. State (NCT of Delhi), 2022 SCC OnLine Del
3705; Vijayalakshmi v. State, 2021 SCC OnLine Mad 317;
Ranjit Rajbanshi v. State of West Bengal, 2021 SCC OnLine Cal
2470 - referred to.
List of Acts
Protection of Children from Sexual Offences Act, 2012; Penal
Code, 1860; Constitution of India; Code of Criminal Procedure,
1973; Juvenile Justice (Care and Protection of Children) Act, 2015.
218
[2025] 7 S.C.R.
Supreme Court Reports
List of Keywords
Sentencing; Rehabilitation of victim and her child; Adopting
measures for adolescent well being and child protection; Suo motu
writ petition; Final report of the Committee; Minimum punishment;
Family of the victim; Imprisonment; Social and economic justice;
Concept of welfare state; Failure of society and legal system;
Make informed choice; Jurisdiction u/Art.142; Guardian of victim
and her child; Better shelter to victim and her family; Expenditure
of education of the victim; Degree course; Free vocational training;
Assistance of NGOs; Public-spirited citizens; Debts incurred by
victim; Secretary, Ministry of Women and Child Development;
Suggestions of amici curiae.
Case Arising From
ORIGINAL/APPELLATE JURISDICTION: Suo Motu Writ Petition
(Civil) No. 3 of 2023
(Under Article 32 of The Constitution of India)
With
Criminal Appeal No. 1451 of 2024
Appearances for Parties
By Courts Motion.
Ms. Madhavi Divan, Ms. Liz Mathew, Sr. Advs./Amicus Curiae,
Ms. Nidhi Khanna, Ms. Aishani Narain, Sameer Choudhary, Ms.
Aandrita Deb, Ms. Bagavathy Vennimalai, Ms. Mallika Agarwal.
Advs. for the Appellants:
Huzefa Ahmadi, Sr. Adv., Kunal Mimani, Abhinav Rana.
Adv. for the Respondents:
Abhijit Sengupta.
Advs. for the Intervenors:
Ms. Aishwarya Bhati, A.S.G., Shiv Mangal Sharma, A.A.G.,
Chinmayee Chandra, Ms. Archana Surve Shinde, Dr. N.
Visakamurthy, Anuj Bhandari, Ms. Astha Sharma, Ms. Nidhi Khanna,
Anuj Bhandari, Ms. Nidhi Jaswal, Ms. Ankita Sharma, Arjun D Singh,
Kunal Mimani, Aravindh S.
[2025] 7 S.C.R.
219
In Re: Right To Privacy of Adolescents
Judgment / Order of the Supreme Court
Judgment
Abhay S. Oka, J.
FACTUAL ASPECTS
1.
Criminal Appeal No.1451 of 2024 has been preferred by the State
of West Bengal, being aggrieved by the judgment and order dated
18th October 2023, passed by a Division Bench of the High Court of
Judicature at Calcutta. In Suo Motu Writ Petition (C) No.3 of 2023,
this Court's attention was drawn to certain objectionable observations
made in the aforesaid judgement. While dealing with the same, this
court took note of the systemic failure of the State to protect the victim,
resulting in her fate and wellbeing being ultimately tied up with that
of the accused. Accordingly, in this judgement, we are dealing with
the issue of sentencing of the accused arising out of the criminal
appeal and the Suo Motu Writ Petition. We are also dealing with the
issue of rehabilitation of the victim and her child.
2.
The learned Special Judge appointed under the Protection of
Children from Sexual Offences Act, 2012 (for short, 'the POCSO Act')
convicted the accused for the offences punishable under Section 6
of the POCSO Act and Sections 363 and 366 of the Indian Penal
Code, 1860 (for short, 'the IPC'). For the offence punishable under
Section 6 of the POCSO Act, the accused was sentenced to undergo
rigorous imprisonment for twenty years and pay a fine of Rs.10,000/-.
For the offences punishable under Sections 363 and 366 of the IPC,
the accused was sentenced to undergo rigorous imprisonment for
four years and five years respectively and was also ordered to pay
a fine of Rs. 2,000/-and Rs. 5,000/- respectively. Though the learned
Special Judge under the POCSO Act came to the conclusion that
the accused was guilty of the offences punishable under clause (n)
of sub-section (2) and sub-section (3) of Section 376 of the IPC,
in view of the sentence imposed for the offence punishable under
Section 6 of the POCSO Act, no separate punishment was imposed.
The accused preferred Criminal Appeal (DB) 14 of 2023 before
the Calcutta High Court against the conviction. The High Court by
the Impugned Judgement dated 18th October 2023 purported to
exercise its jurisdiction under Article 226 of the Constitution of India
220
[2025] 7 S.C.R.
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read with Section 482 of the Code of Criminal Procedure, 1973 (for
short, "the CrPC") to set aside the conviction of the accused for the
aforesaid offences.
3.
This Court by a detailed judgement dated 20thAugust 2024, set aside
the impugned judgment of the High Court and restored the verdict
of the learned Special Court to the extent of the conviction of the
accused for the offences punishable under clause (n) of sub-section
2 and sub-section (3) of Section 376 of the IPC and Section 6 of
the POCSO Act. This Court confirmed the acquittal of the accused
for the offences punishable under Sections 363 and 366 of the IPC.
However, the sentencing was postponed for the reasons recorded in
the judgment. In paragraph 2 of the said judgment, the basic facts
of the case have been mentioned and in paragraph 3, the findings
recorded by the High Court have been mentioned. Paragraphs 2 to
5 of the judgment are relevant which read thus:
"2. The victim girl was fourteen years old at the time of
the incident. The victim's mother lodged a First Information
Report (FIR) on 29th May 2018. The victim's mother stated in
her complaint that the victim, who was her minor daughter,
escaped from her home at 5:30 p.m. on 20th May 2018
without informing anyone. On inquiry, it was found that the
accused enticed her to leave her house. The accused did
so with the help of his two sisters. The victim's mother
repeatedly visited the house of the accused and requested
him to facilitate the return of her daughter. However, the
victim did not come back. A female child was born to the
victim. Admittedly, the accused is the biological father of
the child. There was a gross delay in the investigation,
and the accused was arrested on 19th December 2021.
The chargesheet was filed on 27th January 2022 against
the accused for the offences for which he was convicted.
In addition, the accused was charged with the offence
punishable under Section 9 of the Prohibition of Child
Marriage Act, 2006. The prosecution examined seven
witnesses. We may note here that as the learned Special
Judge under the POCSO Act found that there was no
evidence of marriage between the victim and the accused,
the charge under Section 9 of the 2006 Act was held as
not substantiated.
[2025] 7 S.C.R.
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In Re: Right To Privacy of Adolescents
3. By the impugned judgment, the High Court held that
the offences punishable under Sections 363 and 366
of the IPC were not made out, and therefore, the High
Court acquitted the accused for the said two offences.
Considering the factual scenario that the High Court
noticed, it purported to exercise its jurisdiction under Article
226 of the Constitution of India read with Section 482 of
the Code of Criminal Procedure, 1973 (for short, 'the Cr.
PC') to set aside the conviction of the accused for the
offences punishable under Section 6 of the POCSO Act
and sub-sections 2(n) and (3) of Section 376 of the IPC.
The High Court noted that the mother of the victim had
disowned her and therefore, the victim was continuously
residing with the accused along with their minor child.
4. The Suo Motu writ petition was initiated based on the
directions issued by the Hon'ble Chief Justice of India for
challenging the impugned judgment. The State Government
has preferred the criminal appeal to challenge the order
of acquittal.
5. Considering the nature of the observations made by
the High Court and the findings recorded by it, this Court
appointed Ms. Madhavi Divan and Ms. Liz Mathew, the
learned senior counsel, as amicus curiae to assist the
Court. Both of them have rendered valuable assistance to
the Court. Along with them, Ms. Nidhi Khanna, Advocateon-Record, has also assisted the Court. We have heard
Mr.Huzefa Ahmadi, the learned senior counsel appearing
for the State Government and the learned counsel
representing the accused and the victim. The learned
senior counsel for the State Government has taken a fair
stand. The accused and the victim are on the same page
and want to continue their cohabitation."
4.
In paragraphs 15 and 15.1, this Court has dealt with the objectionable
portions of the impugned judgment of the High Court. Thereafter, this
Court also dealt with the exercise of plenary powers of the High Court
under Section 482 of the CrPC to quash the order of conviction. In
paragraphs 23 and 23.1, this Court held thus:
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"23. There are various decisions of this Court holding that
the High Court can exercise jurisdiction under Section
482 of the Cr.PC to quash a prosecution on the grounds
of settlement or by consent. One such judgment is in the
case of Gian Singh v. State of Punjab & Anr., (2012) 10
SCC 303. Paragraph 58 of the said decision reads thus:
"58. Where the High Court quashes a criminal
proceeding having regard to the fact that the dispute
between the offender and the victim has been settled
although the offences are not compoundable, it
does so as in its opinion, continuation of criminal
proceedings will be an exercise in futility and justice
in the case demands that the dispute between the
parties is put to an end and peace is restored; securing
the ends of justice being the ultimate guiding factor.
No doubt, crimes are acts which have harmful effect
on the public and consist in wrongdoing that seriously
endangers and threatens the well-being of the society
and it is not safe to leave the crime-doer only because
he and the victim have settled the dispute amicably
or that the victim has been paid compensation, yet
certain crimes have been made compoundable in law,
with or without the permission of the court. In respect
of serious offences like murder, rape, dacoity,
etc., or other offences of mental depravity under
IPC or offences of moral turpitude under special
statutes, like the Prevention of Corruption Act or
the offences committed by public servants while
working in that capacity, the settlement between
the offender and the victim can have no legal
sanction at all. However, certain offences which
overwhelmingly and predominantly bear civil flavour
having arisen out of civil, mercantile, commercial,
financial, partnership or such like transactions or
the offences arising out of matrimony, particularly
relating to dowry, etc. or the family dispute, where
the wrong is basically to the victim and the offender
and the victim have settled all disputes between
them amicably, irrespective of the fact that such
[2025] 7 S.C.R.
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In Re: Right To Privacy of Adolescents
offences have not been made compoundable, the
High Court may within the framework of its inherent
power, quash the criminal proceeding or criminal
complaint or FIR if it is satisfied that on the face of
such settlement, there is hardly any likelihood of the
offender being convicted and by not quashing the
criminal proceedings, justice shall be casualty and
ends of justice shall be defeated. The above list is
illustrative and not exhaustive. Each case will depend
on its own facts and no hard-and-fast category can
be prescribed."
(emphasis added)
23.1 Therefore, in view of the settled position of law, in
the facts of the case, even if the accused and the victim
(who has now attained majority) were to come out with a
settlement, the High Court could not have quashed the
prosecution."
4.1 In paragraphs 24 and 25, this Court highlighted the helpless
position in which the victim of the offences under the POCSO
Act was placed. Paragraphs 24 and 25 read thus:
"24. The situation in which the victim was placed
after the commission of the offence needs a bit
of elaboration. As noted earlier, the victim left her
house on 20th May 2018, and her mother filed a
complaint on 29th May 2018. On 1st June 2018,
PW-5 (ASI Gopal Chandra Saha) brought the victim
from the house of the accused to the police station.
After her medical examination was conducted, she
was sent for safe custody at Alor Disha Child Line
at Champahati. PW-2, mother of the victim, without
giving any particulars stated that she got her daughter
back from Narendrapur Sanlaap home. She claimed
in the cross-examination that the victim remained in
her house for one year and, later on, went back to
the house of the accused. She admitted that she
never went to the home of the accused, not even to
see her grandchild. The victim's parents completely
abandoned her, at least from the year 2019.
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25. Ms Madhavi Divan, the learned amicus curiae,
rightly emphasized that no opportunity was made
available to a girl of fourteen or fifteen years of age
to make an informed choice to decide whether to stay
with the accused. She did not get any support from her
parents and the State machinery when she required it
the most. As held by us hereafter, the State machinery
failed to act according to the law to take care of the
victim. The situation in which she was placed at that
time was such that she had no opportunity to make
an informed choice about her future. She had no
option but to seek shelter where it was provided to
her i.e. in the house of the accused. In any event, it
is doubtful whether she could have made an informed
choice at the age of fourteen or fifteen."
5.
From paragraphs 26 to 36, this Court has elaborately dealt with
the failure of the State to perform its obligation to take care of the
victim of the offence under the POCSO Act who was only fourteen
years old. This Court referred to the constitutional obligation of the
State. This Court also held that the existing statutes have enough
provisions to address this kind of situation. Though, under the
existing law, the State could have taken adequate care of the poor
victim, it was not done. Therefore, very elaborate conclusions were
recorded by referring to specific provisions of the POCSO Act and
the Juvenile Justice (Care and Protection of Children) Act, 2015
(for short, 'the JJ Act'). Ultimately, in paragraphs 37 and 38, this
Court has noted the effect of the failure of the State, its machinery
as well as the collective failure of society at large. Paragraphs 37
and 38 read thus:
"37. It is the responsibility of the State to take care of
helpless victims of such heinous offences. Time and again,
we have held that the right to live a dignified life is an integral
part of the fundamental right guaranteed under Article 21 of
the Constitution of India. Article 21 encompasses the right
to lead a healthy life. The minor child, who is the victim
of the offences under the POCSO Act, is also deprived
of the fundamental right to live a dignified and healthy
life. The same is the case of the child born to the victim
as a result of the offence. All the provisions of the JJ Act
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In Re: Right To Privacy of Adolescents
regarding taking care of such children and rehabilitating
them are consistent with Article 21 of the Constitution of
India. Therefore, immediately after the knowledge of the
commission of a heinous offence under the POCSO Act,
the State, its agencies and instrumentalities must step in
and render all possible aid to the victim children, which
will enable them to lead a dignified life. The failure to do
so will amount to a violation of the fundamental rights
guaranteed to the victim children under Article 21. The
police must strictly implement sub-section (6) of Section 19
of the POCSO Act. If that is not done, the victim children
are deprived of the benefits of the welfare measures
under the JJ Act. Compliance with Section 19(6) is of
vital importance. Non-compliance thereof will lead to a
violation of Article 21.
38. Unfortunately, in our society, due to whatever reasons,
we find that there are cases and cases where the parents of
the victims of the offences under the POSCO Act abandon
the victims. In such a case, it is the duty of the State to
provide shelter, food, clothing, education opportunities, etc.,
to the victim of the offences as provided in law. Even the
child born to such a victim needs to be taken care of in
a similar manner by the State. After the victim attains the
majority, the State will have to ensure that the victim of
the offence can stand on his/her legs and, at least, think
of leading a dignified life. That is precisely what Section
46 of the JJ Act provides. Sadly, in the present case,
there is a complete failure of the State machinery. Nobody
came to rescue the victim of the offence, and thus, for
her survival, no option was left to her but to seek shelter
with the accused."
6.
Paragraph 40, 40.1 and 41 discuss the issue of rehabilitation of
the victim and her child. The operative portion of the judgment in
paragraph 44 is relevant, which reads thus:
"44. Hence, we pass the following order:
(a) The impugned judgment of the High Court is set aside
and the judgment of the Special Court is restored to the
extent of the conviction of the accused for the offences
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punishable under sub-sections (2)(n) and (3) of Section 376
of the IPC and Section 6 of the POCSO Act. Accordingly,
the accused stands convicted. The acquittal of the accused
for the offences punishable under Sections 363 and 366
of the IPC is confirmed. The appeal is partly allowed.
The issue regarding sentencing will be considered after
receiving the report of the committee in terms of clause
(h) below.
(b) We direct the Government of West Bengal to constitute a
committee of three experts, including a clinical psychologist
and a social scientist. The State Government may take
the assistance of NIMHANS or TISS for constituting the
committee. A child welfare officer shall be appointed to
assist the committee as its coordinator and secretary;
(c) The committee shall be formed within three weeks
from today;
(d) Within one week from the date of formation of the
committee, the State Government shall provide all the
material particulars/details of the benefits which it is willing
to extend to the victim as stated in paragraph 5 of the note
submitted on 9th May 2024 by the learned senior counsel
appearing for the State;
(e) Thereafter, the committee shall meet the victim of the
offences at such a place as it desires to communicate what
the State Government is offering to her. The Committee
must also inform the victim about the availability of the
benefits of the scheme of the Government of India. The
duty of the committee shall be to help the victim to make an
informed choice whether she wants to continue to remain
in the company of the accused and his family or wants to
avail of the benefits offered by the State Government. This
exercise will naturally require meetings with the victim on
multiple occasions. In what manner this task should be
performed is left to the committee to decide;
(f) The committee members must perform their duties very
carefully and sensitively while ensuring that the victim does
not develop a feeling of insecurity. While doing the exercise,
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In Re: Right To Privacy of Adolescents
the committee will endeavour to carefully ascertain the
kind of support, if any, the victim and her child are getting
from the accused and his family members;
(g) The State Government and its officials shall render
all possible facilities and help to the committee members;
(h) The coordinator of the committee shall submit a report
in a sealed cover to this Court by 18th October 2024
through the Advocate-on-Record for the State Government.
The report can be a preliminary report or a final report.
The report should contain the details of the interactions
with the victim and the opinion and recommendations of
the committee. The committee is free to give its opinion
on the action which would be in the best interest of the
victim and her child; and
(i) We direct the Registry to forward copies of this judgment
to the Secretaries of Law and/or Justice Departments of
all the States and Union Territories. The Secretaries shall
convene meetings of the Secretaries of the concerned
departments and other senior officials. The object of
holding such meetings is to ensure that appropriate
directions are issued to all concerned to strictly implement
the provisions of Section 19(6) of the POCSO Act and
the relevant provisions of the JJ Act, which we have
elaborated above. The State/Union Territories must create
machinery to do so. The State/Union Territories shall also
assist the victims in getting the benefits under the scheme
of the Government of India and the scheme of NALSA,
which we have referred to above. In the meetings, the
issue of framing Rules by the States to give effect to
the provisions of Section 46 of the JJ Act, shall also be
considered. The Secretaries shall forward the compliance
reports to the Secretary of the Ministry of Women and
Child Development, Government of India, within a period
of two months from today. The Secretary of the Ministry of
Women and Child Development shall compile the reports
and submit an exhaustive report before this Court within
three months from today. A copy of this judgment shall also
be forwarded to the Secretary to the Ministry of Women
and Child Development, Government of India."
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7.
Broadly, there are three issues which we are considering. The first
issue is of sentencing the accused. The second issue is about
the rehabilitation of the victim and her child. The third issue is a
wider issue about adopting measures for adolescent wellbeing and
child protection which goes to the root cause of the problem in our
changing society.
8.
As far as sentencing is concerned, we cannot deal with the issue
without understanding the reports of the Committee appointed by
this Court. There are two reports of the Committee: preliminary
report and final report. This Court interacted with the members of
the Committee and the victim on 3rd April 2025. The order of this
Court dated 3rd April 2025 reads thus:
"We have interacted with the following members of the
Committee of Experts:
(1) Dr. Pekham Basu, Assistant Professor, Centre for
Equity and Justice for Children and Families, School
of Social Work, Tata Institute of Social Science,
Mumbai - Expert Member,
(2) Smt. Jayita Saha, Clinical Psychologist, Pavlov
Hospital & COE, CNMCH, Kolkata, Health and Family
Welfare Department, Government of West Bengal -
Expert Member and
(3) Mr. Sanjeeb Rakshit, District Social Welfare Officer,
South 24 Parganas - Member Secretary.
At the outset, we must compliment the role played by the
three experts and the assistance they have rendered to
the Court and to the learned senior counsel appointed as
amicus curiae.
We have heard the victim.
We are not recording in detail what actually transpired, but
we are of the view that the victim needs a financial help.
After the victim completes her 10th Board Examination,
we will have to explore the possibility of whether any
vocational training can be given to her or whether parttime employment can be extended to her.
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In Re: Right To Privacy of Adolescents
On this aspect, we will need the help of the West Bengal
State Legal Services Authority. We, therefore, issue notice
to the Member Secretary of the West Bengal State Legal
Services Authority, returnable on 1st May, 2025. To be
listed at 2.00 p.m.
We also request the Member Secretary to interact with
the learned senior counsel appointed as amicus curiae
and also the learned counsel for the State of West Bengal
so that the Member Secretary can be made aware about
the nature of help and assistance required from the State
Legal Services Authority.
The Registry is directed to forward a copy of this order
directly to the Member Secretary of the West Bengal Legal
Services Authority.
We request the Member Secretary to remain present before
the Court on the returnable date through video conference.
The learned senior counsel appearing for the State of
West Bengal was present today. We request him to take
instructions from the officers of the State in what manner
the State can extend the helping hand to the victim.
We will consider the submissions of the learned counsel on
that day. The learned counsel are free to file supplementary
note. The State can also file its response well in advance."
9.
The preliminary report of the Committee is dated 16th October
2024. The report recorded the victim's struggles while tackling
the legal system for securing the release of the accused. The
report further noted that the legal battle has resulted in the family
suffering emotionally and financially, and accordingly the committee
recommended financial assistance for the child and educational and
financial rehabilitation for the victim.
10. This Court on 24th October 2024, perused the preliminary report
submitted by the Committee. Upon examination, the Court ordered
the Committee to inform the victim about educational/ vocational
training which can be extended to her at the cost of the State
Government to ensure that she earns a better livelihood. The State
Government was also directed to take all possible steps to provide
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good quality education to the child of the victim. This court further
ordered the State Government to ensure that proper nutritious food
is made available to the child.
11. The Committee submitted its final report on 28th January 2025. The
final report provides details of all the interviews conducted by the
Committee, including those of the victim, the accused, their respective
families, teachers and management personnel at the school of the
victim, investigating police officers, personnel at the welfare homeSanlaap Sneha Home, and other relevant stakeholders.
12. The final report highlights the inadequate, inefficient implementation
of the POCSO Act. In particular, the final report emphasizes the
"collective failure of the systems that are there to protect a girl child".
It states that the loopholes are glaring, and that the elopement,
the living in/marriage of the victim, the birth of a child-all were
preventable. The final report specifically highlights:
a)
the failure of the Child Protection Committees at the village level;
b)
the inadequate implementation of the State of West Bengal's
"Kanyashree Prakalpa Scheme";
c)
the inaction of the designated Child Welfare Officer at the local
police station;
d)
lack of provision of free legal aid;
e)
lack of sufficient and effective counsellors from both genders
in schools and even welfare homes;
f)
high frequency of elopements by children in class 8 and above;
g)
stigmatisation of girls in similar situations as the adolescent
victim in the present case;
h)
irregularities and delays in the investigation of such crimes;
i)
inadequate accessibility to judicial fora and corruption and
financial exploitation by touts, members of the Bar etc.; and
j)
lack of awareness and sensitisation among family, and public
officials in respect of the POCSO Act and the sexual, emotional,
and mental well-being of children.
13. The final report concludes that in this particular case, it was not the
legal crime which caused trauma on the victim, rather it was the
[2025] 7 S.C.R.
231
In Re: Right To Privacy of Adolescents
legal battle which ensued consequent to the crime that is taking a
toll on the victim. In the light of this, the final report recommended
that it would be in the best interest of the victim and her child that
the family unit stays intact, so that the accused father may be
able to participate in the child's upbringing. Further, the report also
recommended providing financial, legal and educational support to
the victim and her child.
SUBMISSIONS
14. Very detailed submissions were made by Ms. Madhavi Divan and
Ms. Liz Mathew, the learned senior counsel appointed as amicus
curiae. The learned amici have submitted that the sentencing of the
accused would have to be examined in light of the findings in the final
report, as well as the interaction with the victim, which has conclusively
shown that the victim wishes to continue residing with the accused,
and has expressed her fervent desire for preservation of his liberty.
15. The learned amici curiae have, therefore, recommended three
alternatives in relation to sentencing the accused, which are as under:
a)
Firstly, learned amici submitted that this Court can consider
exercising its powers under Article 142 to remit, reduce or
suspend the sentence. This court in Shilpa Sailesh v. Varun
Sreenivasan1 delineated the contours of the power under the
said Article, stating that as long as "complete justice" required by
the "cause or matter" is achieved without violating fundamental
principles of general or specific public policy, the exercise of
the power and discretion under Article 142(1) is valid and as
per the Constitution of India. The learned amici submitted that,
in the present case, the minimum sentencing provisions under
POCSO Act must be considered in the light of the evolving
welfare interests of both the victim and her child. The learned
amici have reiterated that this Court has exercised this power
in similar cases of conviction under the POCSO Act including
in K. Dhandapani v. State2, Sankar v. State of Tamil Nadu3
and Elumalai v. Inspector of Police4.
1
(2023) 14 SCC 231
2
2022 SCC OnLine SC 1056
3
Curative Petition (Criminal) 3/2023
4
Crl. Appeal No. 674 of 2018
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[2025] 7 S.C.R.
Supreme Court Reports
b)
Secondly, the learned amici have submitted that this court can
consider remitting the sentence of the accused by the State
of West Bengal under Section 432 CrPC (Section 473 BNSS).
However, in the facts of the present case the amicus curiae were
of the opinion that this Court ought to exercise its jurisdiction
under Article 142 to reduce the sentence of the accused to
the sentence already served in order to do complete justice
between the parties.
c)
Thirdly, the learned amici have submitted that the power of High
Court's to quash ongoing criminal proceedings under Section
482 of the CrPC needs to be examined. In Gian Singh v. State
of Punjab5, this court has cautioned that such power may only
be exercised to secure the ends of justice or to prevent abuse
of the process of any court. The learned amici have highlighted
the different approaches taken by High Courts. The Delhi High
Court in Ajay Kumar v. State (NCT of Delhi)6 and the Madras
High Court in Vijayalakshmi v. State7 have interpreted the
statement of objects and reasons of the POCSO Act as not
intending to criminalize consensual romantic relationships
between adolescents. The Madras High Court, in several cases
has adopted a legal interpretation that consensual acts do not
fulfil the requirement of 'assault' in the offence of 'penetrative
sexual assault.' Similarly, the Calcutta High Court in Ranjit
Rajbanshi v. State of West Bengal8 has held that the POCSO
Act defines "penetration" as a unilateral act by the accused,
and therefore in cases of consensual intercourse, the act of
penetration may not solely be attributed to the accused. Various
High Courts have also considered the impact such prosecution
has on the victim and have proceeded to quash the proceeding
if pursuing the case would harm the victim. Similarly, the impact
of prosecution on the accused has also been considered. In
these cases, the learned amici have submitted that it will be
pertinent to determine whether the victim has given 'informed
consent', which must be done by interacting with the victim,
5
(2012) 10 SCC 303
6
2022 SCC OnLine Del 3705
7
2021 SCC OnLine Mad 317
8
2021 SCC OnLine Cal 2470
[2025] 7 S.C.R.
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In Re: Right To Privacy of Adolescents
considering compromise memos and examining the statements
given by the victim under Sections 161 and 164 of the CrPC.
Further, in this light, the learned amici have stressed on the
need to identify relevant factors to be considered by High Courts
while quashing proceedings under the POCSO Act, in order to
curtail inconsistent approaches towards the same.
16. Broadly, the learned amici in relation to sentencing of the accused
have submitted that the underlying rationale in the present case
should be to prevent the disruption of an existing family unit, mitigate
further hardship to the victim and her child/children, and to balance
strict statutory mandates with the principles of proportionality and
complete justice. The learned amici contended that while the POCSO
Act serves an essential purpose in protecting minors from sexual
exploitation, its rigid application in cases of adolescent relationships
can lead to outcomes that may not align with the best interests of
the prosecutrix and her dependents. In light of this jurisprudence,
this Court was requested to consider adopting a similarly nuanced
approach in the present case to ensure that justice is served in both
letter and spirit.
17. The learned amici have also sought supplementary directions to the
effect that the facilities that have been made available to the victim by
the State Government be continued till the child of the victim attains
majority, and the victim attains education till the level of graduation,
whichever is later. Further, learned amici have sought a direction to
the Child Welfare Committee at the local level to apprise the victim
of her rights as a married woman, and the options available to her
in the unfortunate event of a marital discord.
18. In light of the experience gained in the present case, the learned
amici curiae have also sought broader directions for ensuring that
such cases can be prevented or dealt with in a better manner in
the future:
a)
The first direction pertains to the overall adolescent wellbeing and comprehensive sexuality education. The learned
amici have drawn our attention to various government and
non-governmental initiatives that have been introduced to
enhance adolescent wellbeing, provide access to crucial health
information, and ensure child protection. These initiatives
focus on emergency assistance, digital education, peer-led
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awareness, and community-driven outreach programs. Some
programs, such as Childline India, provide immediate rescue and
support services for children in distress, while digital platforms
like Saathiya Salah and Hello Saheli aim to bridge the gap in
sexual and reproductive health education. Other efforts, such
as Project X, emphasize comprehensive sexuality education
through structured classroom interventions. Despite these
initiatives, the learned amici have highlighted that the UNESCO,
The Journey Towards Comprehensive Sexuality Education:
Global Status Report (2021) points out that in India, education
policies on life-skills-based HIV and sexuality education is at
secondary education-level only. In light of this, the learned
amici have advocated for comprehensive sex education in
India, stating that without systematic policy reforms, improved
teacher training, and a more inclusive curriculum, India will
continue to struggle in addressing rising adolescent health
issues, misinformation, and the stigma surrounding sexual and
reproductive health education.
b)
The second direction sought for by the learned amici relates to
the implementation of a data collection mechanism for improving
institutional accountability. The learned amici have submitted
that to ensure effective policy making, real-time accountability,
and targeted interventions, it is crucial to establish a structured
data collection mechanism at the state level. The absence of
comprehensive, standardized data has often led to fragmented
policy implementation, making it difficult to track progress and
address gaps in enforcement. By collecting real-time data on key
indicators-including sex education implementation, counselling
services, POCSO case tracking, and child marriage monitoringgovernments can enhance transparency and responsiveness
in tackling these critical issues.