2025 INSC 778 REPORTABLE

IN THE SUPREME COURT OF INDIA

ORIGINAL/APPELLATE JURISDICTION

SUO MOTU WRIT PETITION (C) NO. 3 OF 2023

IN RE: RIGHT TO PRIVACY OF ADOLESCENTS

with

CRIMINAL APPEAL NO.1451 OF 2024

J U D G M E N T

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 18

th

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

Suo Motu Writ Petition (C) No.3 of 2023, etc. Page 1 of 44

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

Suo Motu Writ Petition (C) No.3 of 2023, etc. Page 2 of 44

Court by the Impugned Judgement dated 18th October

2023 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

CrPC”) to set aside the conviction of the accused for the

aforesaid offences.

3.This Court by a detailed judgement dated

20

th

August 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 29

th

May

2018. The victim’s mother stated in

Suo Motu Writ Petition (C) No.3 of 2023, etc. Page 3 of 44

her complaint that the victim, who was

her minor daughter, escaped from her

home at 5:30 p.m. on 20

th

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 19

th

December 2021. The

chargesheet was filed on 27

th

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.

Suo Motu Writ Petition (C) No.3 of 2023, etc. Page 4 of 44

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

Suo Motu Writ Petition (C) No.3 of 2023, etc. Page 5 of 44

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, Advocate-on-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:

“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

Suo Motu Writ Petition (C) No.3 of 2023, etc. Page 6 of 44

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

Suo Motu Writ Petition (C) No.3 of 2023, etc. Page 7 of 44

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 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

Suo Motu Writ Petition (C) No.3 of 2023, etc. Page 8 of 44

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

Suo Motu Writ Petition (C) No.3 of 2023, etc. Page 9 of 44

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.

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

Suo Motu Writ Petition (C) No.3 of 2023, etc. Page 10 of 44

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

Suo Motu Writ Petition (C) No.3 of 2023, etc. Page 11 of 44

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 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.

Suo Motu Writ Petition (C) No.3 of 2023, etc. Page 12 of 44

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:

Suo Motu Writ Petition (C) No.3 of 2023, etc. Page 13 of 44

(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 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;

Suo Motu Writ Petition (C) No.3 of 2023, etc. Page 14 of 44

(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;

Suo Motu Writ Petition (C) No.3 of 2023, etc. Page 15 of 44

(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, 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

Suo Motu Writ Petition (C) No.3 of 2023, etc. Page 16 of 44

(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

Suo Motu Writ Petition (C) No.3 of 2023, etc. Page 17 of 44

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.”

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 3

rd

April 2025. The order

of this Court dated 3

rd

April 2025 reads thus:

“We have interacted with the following

members of the Committee of Experts:

Suo Motu Writ Petition (C) No.3 of 2023, etc. Page 18 of 44

(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 part-time employment

can be extended to her.

Suo Motu Writ Petition (C) No.3 of 2023, etc. Page 19 of 44

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.

Suo Motu Writ Petition (C) No.3 of 2023, etc. Page 20 of 44

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

16

th

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 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.

Suo Motu Writ Petition (C) No.3 of 2023, etc. Page 21 of 44

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 home—Sanlaap 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;

Suo Motu Writ Petition (C) No.3 of 2023, etc. Page 22 of 44

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 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

Suo Motu Writ Petition (C) No.3 of 2023, etc. Page 23 of 44

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

Sreenivasan

1

delineated the contours of the power

under the said Article, stating that as long as

1 (2023) 14 SCC 231

Suo Motu Writ Petition (C) No.3 of 2023, etc. Page 24 of 44

“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. State

2

, Sankar v. State of Tamil Nadu

3

and

Elumalai v. Inspector of Police

4

.

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.

2 2022 SCC OnLine SC 1056

3 Curative Petition (Criminal) 3/2023

4 Crl. Appeal No. 674 of 2018

Suo Motu Writ Petition (C) No.3 of 2023, etc. Page 25 of 44

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 Punjab

5

,

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. State

7

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 Bengal

8

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

5 (2012) 10 SCC 303

6 2022 SCC OnLine Del 3705

7 2021 SCC OnLine Mad 317

8 2021 SCC OnLine Cal 2470

Suo Motu Writ Petition (C) No.3 of 2023, etc. Page 26 of 44

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, 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

Suo Motu Writ Petition (C) No.3 of 2023, etc. Page 27 of 44

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 well-being and comprehensive sexuality

Suo Motu Writ Petition (C) No.3 of 2023, etc. Page 28 of 44

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 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

Suo Motu Writ Petition (C) No.3 of 2023, etc. Page 29 of 44

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 monitoring—governments can

enhance transparency and responsiveness in

tackling these critical issues. Further, the learned

amici have submitted that integrating this data into

a real-time dashboard will provide a publicly

accessible, transparent mechanism for monitoring

Suo Motu Writ Petition (C) No.3 of 2023, etc. Page 30 of 44

progress, holding institutions accountable, and

making informed policy decisions.

CONSIDERATION

19.The preliminary report of the Committee indicates

that in 2017, the victim met the accused through her

neighbour who happened to be the sister of the accused.

At that time, their ages were 13 and 25 years

respectively. It is claimed that over a period of time they

fell in love and on 20

th

May 2018, the victim left her

home. She married the accused at a temple. Within

nine days, on 29

th

May 2018, the victim’s mother lodged

a police complaint. As a result of registration of the FIR,

the police placed the victim in Narendrapur Sanlaap

home. She was there for a month, and thereafter, she

was sent back to her parents. She resumed her

education at school and was promoted to class 10. While

she was studying in class 10, she once again left her

parental home and started living with the accused.

Perhaps this period was very crucial in her life as she

felt stigmatised and humiliated, as recorded in the

preliminary report. She noticed that the entire village

was discussing her case. Her siblings were taunting her.

She was subjected to the vigilance of her mother, who

accompanied her to school and tuition classes. Given

Suo Motu Writ Petition (C) No.3 of 2023, etc. Page 31 of 44

these circumstances, the victim might have felt

compelled to leave her home.

20.The victim continued to stay with the extended

family of the accused, which consists of his parents,

uncle, aunts, his five brothers and one sister. In May

2021, the victim gave birth to a daughter. After her

delivery, she stayed with her parents for about two

weeks, and thereafter, she went back to the house of the

accused. When the daughter was seven months old, the

police arrested the accused. The Committee noted that

the arrest shattered both the victim and her daughter.

For days, her daughter cried due to the absence of her

father. The Committee recorded that the daughter

remains traumatised due to separation anxiety. As can

be seen from the report of the Committee, the two year

period when the accused was in custody, was the

toughest period for the victim. She had to run from

pillar to post to defend the accused. She spent large

amounts by way of payment of fees to lawyers for his

release. The figures of the amount she spent as noted in

the final report of the Committee are startling. At

different stages, she paid a total amount of Rs. 40,000/-

to the advocates. In addition, she claims to have paid a

sum of Rs. 10,000/- to an advocate “for winning the

case”. She spent a sum of Rs. 20,000/- to get copies of

Suo Motu Writ Petition (C) No.3 of 2023, etc. Page 32 of 44

the chargesheet and Rs. 7,000/- for getting duplicate

copies of the court papers. Shockingly, she paid Rs.

18,000/- to a tout who promised to get bail for her

husband. Thus, she ended up spending more than Rs. 2

lakhs by incurring debt for defending the accused. She

has borrowed a sum of Rs. 2 lakhs and now, she is in a

debt trap. In fact, the Committee records that the

indebtedness has become vicious. The only redeeming

feature is that during the period of imprisonment of the

accused, her marital family took care of her and her

daughter.

21.Now, we come to the economic condition of the

victim and the accused. The family of the accused is

very poor. At present, the victim, the accused and her

daughter are staying in a temporary shelter enclosed by

brick walls, but the roof is of tarpaulin. This house has

no door. The accused is uneducated and is working as a

daily wage labourer. Apparently, he is working very

hard. It is noted by the Committee that both the victim

and her husband are very keen on ensuring that their

daughter gets education. They are taking precautions to

ensure that they do not have another child. Now, there

is improvement in the relationship between the victim

and her parents. The victim’s parents looked after her

when she was unwell.

Suo Motu Writ Petition (C) No.3 of 2023, etc. Page 33 of 44

22.The final report of the Committee is more elaborate.

It describes the huge burden placed on the victim in

dealing with her family’s responsibilities. The final

report records that the economic status of the victim’s

family is marginally better than that of her husband.

The Committee has noted that the relationship of the

victim with her husband follows the triangular theory of

love, which states that intimacy, passion and

commitment are the main criteria for consummate love.

Initially, passion and intimacy may have taken the center

stage, but now, the Committee notes that without any

coercion from her husband, the victim is deeply

committed to him. The Committee notes that now the

victim is different. She is ably looking after her

responsibilities as a wife and mother. It also notes the

victim’s apprehension to save her husband from

punishment. The figures of the money spent by her,

which we have quoted earlier, were only in relation to the

trial stage. The final report records that she has almost

spent Rs.1,35,000/-. The figures stated make it obvious

that she has been exploited. This is evident from the

fact that she had to pay Rs.60,000/- for grant of bail,

Rs.25,000/- for securing acquittal, Rs.15,000/- for filing

a case in this Court and Rs. 25,000/- towards air fare, to

enable her husband’s advocate to appear before this

Suo Motu Writ Petition (C) No.3 of 2023, etc. Page 34 of 44

Court. Now, the victim is showing signs of maturity.

She actively engages with adolescent girls in the area

and encourages them to study and think rationally

about relationships.

23.The facts of this case are an eye opener for

everyone. It highlights the lacuna in our legal system.

The final report concludes that though the incident was

seen as a crime in law, the victim did not accept it as

one. The Committee records that it was not the legal

crime that caused any trauma to the victim, but rather,

it was the consequences that followed, which took a toll

on her. What she had to face as a consequence was the

police, the legal system and the constant battle to save

the accused from punishment. At the same time, she

took care of her daughter to the best of her abilities,

notwithstanding the huge financial burden she carried.

In fact, the final conclusion in the report is an eye

opener. The relevant part of the final report reads thus:

“In conclusion, a heinous crime causes

trauma in the psyche of the victim. In

this case, the law saw it as a crime, the

victim did not. Hence, the legal crime

did not cause any trauma on this

particular victim. It was the

consequences thereafter – the police

personnel, the legal system, the battle

to save her husband and do the best

Suo Motu Writ Petition (C) No.3 of 2023, etc. Page 35 of 44

for her daughter while having a

financial burden, which is taking its

toll on her. A young woman, who

refuses to be called a “Victim”, fighting

for her husband needs all the support

that can be made available. It would

be in the best interest of the child if the

family structure can be restored.”

24.What troubles us is the issue of sentencing. The

reports of the Committee stare at our faces. Though the

victim did not treat the incident as a heinous crime, she

suffered because of it. This was because at an earlier

stage, the victim could not make an informed choice due

to the shortcomings of our society, our legal system and

her family. In fact, she did not get any opportunity to

make informed choice. The society judged her, the legal

system failed her, and her own family abandoned her.

Now, she is at a stage where she is desperate to save her

husband. Now, she is emotionally committed to the

accused and has become very possessive of her small

family.

25.After having read the reports and having interacted

with the Committee as well as the victim, we are of the

view that if we send the accused to jail, the worst

sufferer will be the victim herself. As compared to the

situation in 2018, she is better placed today. Now she is

comfortable with her small family. She along with the

Suo Motu Writ Petition (C) No.3 of 2023, etc. Page 36 of 44

accused, is concentrating on their daughter and they

want to ensure that she gets quality education. At the

same time, as recorded in the final report, the victim is

attending school and is desperate to complete her school

education. Though the State has offered to enroll her in

some vocational course, she is keen on completing her

education, at least up to graduation.

26.In law, we have no option but to sentence the

accused and send him to jail for undergoing the

minimum punishment prescribed by the Statute.

However, in this case, 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. We do not want to add to the injustice done to

the victim by sending her husband to jail. We as

Judges, cannot shut our eyes to these harsh realities.

Now, at this stage, in order to do real justice to the

victim, the only option left before us is to ensure that the

accused is not separated from the victim. The State and

the society must ensure that the family is rehabilitated

till the family settles down in all respects.

27.Ultimately, this Court is bestowed with

extraordinary jurisdiction under Article 142 for the sole

object of ensuring that the highest Court of the land is in

Suo Motu Writ Petition (C) No.3 of 2023, etc. Page 37 of 44

a position to do substantial justice in its truest sense.

In the context of this situation, sadly, true justice lies in

not sentencing the accused to undergo imprisonment.

This case is not going to be a precedent and should not

be a precedent. This case is an illustration of the

complete failure of our society and our legal system. All

that the system can do for the victim now, is to help her

fulfil her desire of completing her education, settling

down in life, providing a better education to her daughter

and ensuring overall better living conditions for her

family.

28.This year we have completed 75 years of the

Constitution on 26th January. The Constitution

contemplates the State to be a welfare state. The

Constitution guaranteed social and economic justice to

all the citizens. In this case, there is a failure to provide

both social and economic justice to the victim. The facts

of the case indicate failure of the concept of welfare state.

To remedy the situation in this case, it is the obligation

of the State Government to act as the true guardian of

the victim and her child and ensure that they settle

down in life and lead a happy, healthy and constructive

life ahead.

Suo Motu Writ Petition (C) No.3 of 2023, etc. Page 38 of 44

29.In furtherance of the aforementioned, this Court by

order dated 24th October 2024 directed the State of West

Bengal to extend educational facilities and ensure the

provision of proper and nutritious food for the child of

the victim. Furthermore, by order dated 3

rd

April 2025,

this Court directed the State to look into the feasibility of

imparting vocational training or offering part-time

employment to the victim, upon completion of her 10

th

Board Examination. In compliance with the aforesaid

orders, the State has taken the following steps:

a) The victim has been offered enrollment under

various welfare schemes aimed at ensuring better

nutrition and education for herself and her child

vide Memo No. 1806/SWD(S24P) dated 18.11.2024.

b) As per the desire of the victim, she has been

admitted to Bhadrapara Gilarchat High School on

31st December 2024 and is currently studying in the

10th standard.

c) The child of the victim has been enrolled at

the local Anganwadi Centre and is receiving cooked

food under the Supplementary Nutrition Programme

of the Integrated Child Development Services.

Suo Motu Writ Petition (C) No.3 of 2023, etc. Page 39 of 44

d) The child of the victim has been enrolled

under the Sponsorship Programme of Mission

Vatsalya with effect from January 2025, vide Order

dated 17

th

January 2025. Under the said scheme, an

amount of Rs. 4,000/- is transferred to the

beneficiary's account in the first week of every

month until the child attains the age of 18 years.

The State has further submitted that since the victim

has expressed her desire to complete her graduation,

following the successful completion of her Board

Examination, and subject to her consent, appropriate

arrangements can be made to enroll the victim in a

vocational training course of her choice at a suitable

institution.

30.The learned senior counsel appointed as amicus

curiae have come out with very important suggestions

which we have highlighted in the earlier part of this

judgement. This Court cannot leave this case by simply

making an attempt to take care of the family of the

victim. This Court will have to carry it further by taking

forward the suggestions of the learned amici curiae. For

carrying forward the suggestion of the learned amici, we

propose to implead the Union of India through the

Suo Motu Writ Petition (C) No.3 of 2023, etc. Page 40 of 44

Ministry of Women and Child Development, so that more

effective orders can be passed.

31.Hence, we pass the following order:

a) We exercise our extraordinary jurisdiction

under Article 142 of the Constitution of India and

hold that though the accused stands convicted, he

will not undergo sentence for the reasons stated

earlier;

b) We direct the State to take following

measures:

i)To act as a true guardian of the victim

and her child;

ii)To provide a better shelter to the victim

and her family within a period of few

months from today;

iii)To bear the entire expenditure of the

education of the victim till X

th

standard

examination and if she desires to take up

education for a degree course, till the

completion of degree course. After she

passes her X

th

standard examination, the

Suo Motu Writ Petition (C) No.3 of 2023, etc. Page 41 of 44

State can offer her vocational training,

obviously, at the cost of the State;

iv)To bear the entire expenditure of the

education of the child up to X

th

standard

and ensuring that she is educated in a

very good school in the vicinity of the

place of residence of the victim; and

v)To endeavour to take the assistance of

NGOs or public-spirited citizens for the

purpose of securing the debts incurred by

the victim as a one-time measure.

c) We direct the State to file compliance report

giving details of the implementation of the directions

contained in clause (b) above. The first compliance

report shall be filed by 15

th

July 2025. Thereafter,

compliance reports shall be filed after the interval of

every six months. The first compliance report will be

considered on 25

th

July 2025. We direct the Registry

to list the case on 25

th

July 2025.

d) Issue notice to the Union of India through the

Secretary of the Ministry of Women and Child

Development. The notice is made returnable on 25

th

July 2025. A copy of the judgement dated 20

th

Suo Motu Writ Petition (C) No.3 of 2023, etc. Page 42 of 44

August 2024 and this judgement shall accompany

notice;

e) Immediately on service of notice, the Secretary

of the Ministry of Women and Child Development

shall appoint a Committee of experts to deal with

the suggestions of the learned amici curiae. Senior

officers of the State shall be a part of the Committee.

If necessary, the Committee can also consult the

learned senior counsel appointed as amici curiae.

Immediately on service of notice, the Secretary shall

constitute a Committee. The members of the

Committee constituted by this Court shall be

permanent invitees to the said Committee; and

f) The Committee will submit a detailed report

before the returnable date to this Court. To consider

the implementation of the suggestions of the learned

amici curiae based on the said report, this Court will

pass further directions from time to time;

32.We were immensely benefitted by the reports of the

Committee appointed by this Court. We must

acknowledge the contribution of the Committee

members. We record our appreciation for the service

rendered by Ms.Madhavi Divan and Ms.Liz Mathew, the

learned amici curiae. We must also record that Shri

Suo Motu Writ Petition (C) No.3 of 2023, etc. Page 43 of 44

Huzefa Ahmadi, the learned senior counsel appearing on

behalf of the State, has ably assisted the Court as the

Officer of the Court.

……………………..J.

(Abhay S. Oka)

……………………..J.

(Ujjal Bhuyan)

New Delhi;

May 23, 2025.

Suo Motu Writ Petition (C) No.3 of 2023, etc. Page 44 of 44