VidhiSangh

Supreme Court of India · 22/05/2025

IN RE: RIGHT TO PRIVACY OF ADOLESCENTS versus

[2025] 7 S.C.R. 216 · 2025 INSC 778

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Summary

Sequel to the Court's judgment of 20 August 2024 restoring the conviction of the accused under Section 6 POCSO Act and Section 376(2)(n) and (3) IPC for offences against a 14-year-old who later married him and bore his child. On the sentencing question deferred in that judgment, and after considering the reports of the expert committee it had appointed and interacting with the victim, the Court exercised its power under Article 142 to direct that the accused, though convicted, will not undergo the statutory minimum sentence, because imprisoning him would make the victim, who had been failed by society, her family and the legal system, the worst sufferer. It directed the State to act as guardian of the victim and her child, with ongoing compliance reporting, and impleaded the Union to consider the amici's wider suggestions on adolescent welfare.

Issues

  1. Whether, in the peculiar circumstances revealed by the expert committee's reports, the convicted accused should be made to undergo the minimum sentence prescribed by the POCSO Act, or whether the Court should exercise its jurisdiction under Article 142 to dispense with the sentence.
  2. What measures the State must take for the rehabilitation of the victim and her child.
  3. Whether wider directions should be considered on adolescent well-being, comprehensive sexuality education and data collection as suggested by the amici curiae.

Provisions considered

Held

Result

Under Article 142, the accused, though convicted, will not undergo sentence. State of West Bengal directed to act as guardian of the victim and her child, provide better shelter, fund the victim's education up to graduation (or vocational training) and the child's schooling up to Class X, and seek NGO help to clear the victim's debts; compliance reports by 15 July 2025 and six-monthly thereafter. Notice to the Union (Ministry of Women and Child Development), returnable 25 July 2025, to constitute an expert committee on the amici's suggestions; matter listed on 25 July 2025.

Judgment PDF: Supreme Court of India, [2025] 7 S.C.R. 216.