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SC asks Centre to introduce Romeo-Juliet clause in POCSO to save genuine teen relationships

Share FacebookTwitterWhatsAppPinterestLinkedinCopy URLTelegramEmailTumblrReddItPrintKoo NEW DELHI, Jan 9 : Taking note of the rampant misuse of the Protection of Children from Sexual Offences Act, the Supreme Court on Friday asked the Centre to curb the menace by introducing a “Romeo-Juliet” clause to exempt “genuine adolescent relationships” from its stringent provisions. In a significant verdict, the top court also held that the high courts cannot order mandatory medical age determination of victims at the stage of bail in cases under the Protection of Children from Sexual Offences (POCSO) Act. A bench comprising Justices Sanjay Karol and N Kotiswar Singh said, “Considering that repeated judicial notice has been taken of the misuse of these laws, let a copy of this judgment be circulated to the Secretary, Law, Government of India, to consider initiation of steps as may be possible to curb this menace inter alia, the introduction of a Romeo-Juliet clause exempting genuine adolescent relationships from the stronghold of this law; enacting a mechanism enabling the prosecution of those persons who, by the use of these laws, seek to settle scores, etc.” The bench, however, termed the law the “most solemn articulations of justice aimed at protecting the children of today and the leaders of tomorrow”.

SC asks Centre to introduce Romeo-Juliet clause in POCSO to save genuine teen relationships

Credit: Dailyexcelsior

Key Highlights

  • Setting aside an Allahabad High Court order to this effect, it held that the high court’s direction of medical age determination of victims at the stage of bail exceeded the jurisdiction under Section 439 (grant of bail) of the Code of Criminal Procedure (CrPC).
  • The bench ruled that the high courts cannot use their bail jurisdiction to conduct “mini-trials” or issue mandatory investigative protocols that contradict existing laws.
  • “The determination of the victim’s age is a matter for trial, and the presumption which is accorded to the documents enumerated under the Section has to be rebutted there, for that is the appropriate forum to do so, not the bail court,” it held.
  • The case stems from a challenge by the Uttar Pradesh government against an Allahabad High Court order granting bail to an accused in a sexual assault case, apparently involving a minor girl.
  • While granting bail, the high court issued a slew of directions, including that in every case under the POCSO Act, police must conduct a medical age-determination test at the outset.
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Sources

  1. SC asks Centre to introduce Romeo-Juliet clause in POCSO to save genuine teen relationships

This quick summary is automatically generated using AI based on reports from multiple news sources. The content has not been reviewed or verified by humans. For complete details, accuracy, and context, please refer to the original published articles.

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