VidhiSangh

Supreme Court of India · 21/07/2017

MS. EERA THROUGH DR. MANJULA KRIPPENDORF versus STATE (GOVT. OF NCT OF DELHI) & ANR.

[2017] 7 S.C.R. 924 · 2017 INSC 658

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

Summary

The Court held that POCSO’s definition of a child below eighteen refers to biological or chronological age, not an adult’s assessed mental age. Both opinions rejected enlarging that clear boundary by interpretation. After the accused’s death, the Court directed maximum compensation under the Delhi victim-compensation scheme on the case’s special facts. This headnote covers those reviewed conclusions and relief.

Issues

  1. Whether an adult with intellectual disability could be treated as a child under POCSO by reference to mental age.
  2. What compensation relief remained appropriate after the accused died.

Provisions considered

Held

Result

Appeals disposed of; mental-age expansion of the POCSO child definition rejected. Delhi State Legal Services Authority directed to award maximum compensation under the applicable Delhi scheme on the special facts.

Judgment PDF: Supreme Court of India, [2017] 7 S.C.R. 924.