landmark Supreme Court judgments under the Protection of Children from Sexual Offences (POCSO) Act, 2012, which are crucial for UPSC preparation, especially for General Studies Paper II (Governance, Constitution, Polity, Social Justice) and Paper IV (Ethics, Integrity, and Aptitude):
⚖️ Key Supreme Court Judgments Under POCSO Act
1. Attorney General for India v. Satish & Anr. (2021)
Issue: Whether groping a child without "skin-to-skin" contact constitutes sexual assault under POCSO.
Ruling: The Supreme Court overturned the Bombay High Court's narrow interpretation, emphasizing that any form of physical contact with sexual intent is covered under Section 7 of the POCSO Act.
Significance: Clarified that the absence of skin-to-skin contact does not absolve the perpetrator, reinforcing the Act's protective scope.
2. Nipun Saxena v. Union of India (2019)
Issue: Whether media can disclose the identity of child victims under POCSO.
Ruling: The Court directed that the media, including print, electronic, and social media, must not disclose the identity of child victims or any details that could lead to their identification.
Significance: Strengthened privacy protections for child victims and set guidelines for media conduct.
3. Alakh Alok Srivastava v. Union of India (2018)
Issue: Timely completion of trials under POCSO.
Ruling: The Supreme Court issued guidelines to ensure that trials under POCSO are completed within one year from the date of taking cognizance of the offense.
Significance: Emphasized the need for swift justice to minimize trauma for child victims.
4. Sakshi v. Union of India (2004)
Issue: Protection of child victims during trial.
Ruling: The Supreme Court issued guidelines, known as the Sakshi Guidelines, to protect child victims during trial, including allowing testimony via video conferencing and ensuring that questions posed to the child are appropriate and not leading.
Significance: Set procedural standards to safeguard the well-being of child victims during legal proceedings.
5. State of Haryana v. Prem Chand & Ors. (2013)
Issue: Relevance of the victim's character in sexual assault cases.
Ruling: The Court held that the character or reputation of the victim has no bearing on adjudging the guilt of the accused or imposing punishment.
Significance: Reinforced the principle that the victim's past behavior or character is irrelevant in sexual assault cases.
6. Jarnail Singh v. State of Haryana (2013)
Issue: Determination of age in cases under POCSO.
Ruling: The Supreme Court observed that the procedure used to determine the age of a child in conflict with the law, as provided by the Juvenile Justice (Care and Protection of Children) Rules, 2007, can be followed in cases under the POCSO Act.
Significance: Provided clarity on the procedures for age determination in POCSO cases.
7. Balaji Sarjerao Kamble v. State of Maharashtra (2017)
Issue: Child's testimony in POCSO cases.
Ruling: The Court held that the POCSO Act does not prohibit a child from appearing as a witness in a trial, but the court must take all necessary steps to protect the child's interests.
Significance: Affirmed the importance of child testimony while ensuring protective measures.
8. State of Karnataka v. Shivanna (2014)
Issue: Recording of victim's statement under Section 164 CrPC.
Ruling: The Supreme Court emphasized that the investigating officer must bring the victim before a Judicial Magistrate within 24 hours of the rape to record the statement under Section 164(5-A)(a) CrPC.
Significance: Highlighted the urgency and sensitivity required in handling cases involving child victims.
