• Latest
  • Trending
  • All
  • Sport
  • Cricket
  • Odisha
SC Asks Centre To Consider ‘Romeo-Juliet’ Clause In POCSO Act; Know What It Means

SC Asks Centre To Consider ‘Romeo-Juliet’ Clause In POCSO Act; Know What It Means

8 months ago
Railways To Compensate Kerala Woman For Deboarding Her At Midnight

Railways To Compensate Kerala Woman For Deboarding Her At Midnight

29 minutes ago
private hospital inflated bill

Citizen’s Ledger: When Private Healthcare Meets Public Vulnerability

29 minutes ago
‘Musafir Cafe’ Fame Vedika Pinto To Star Opposite Lakshya In Psychological Thriller

‘Musafir Cafe’ Fame Vedika Pinto To Star Opposite Lakshya In Psychological Thriller

30 minutes ago
‘Bigg Boss 20’ Contestant List: Faisal Khan, Riya Ahir Among Names Rumoured For Salman Khan’s Show

‘Bigg Boss 20’ Contestant List: Faisal Khan, Riya Ahir Among Names Rumoured For Salman Khan’s Show

55 minutes ago
TPWODL rooftop solar installations

TPWODL Surpasses 50,000 Rooftop Solar Installations In Western Odisha

1 hour ago
Fake Currency In PNB Chest; UP Police Sets Up SIT

Fake Currency In PNB Chest; UP Police Sets Up SIT

1 hour ago
Taapsee Pannu Says She’d Rather Retire Than Do ‘Some Of The Films’ Made Today

Taapsee Pannu Says She’d Rather Retire Than Do ‘Some Of The Films’ Made Today

2 hours ago
Elena Misra youngest FIDE-rated chess player

4-Yr-Old Elena Mishra Scripts Chess History; Odisha CM Mohan Majhi Congratulates Child Prodigy

2 hours ago
Brothel Customer Can’t Be Prosecuted Under Immoral Traffic (Prevention) Act: Orissa HC

Brothel Customer Can’t Be Prosecuted Under Immoral Traffic (Prevention) Act: Orissa HC

2 hours ago
‘Not A Movie, It’s A Satsang’: Kangana Ranaut Urges Fans To Skip Therapy And Watch ‘Hanuman Ansh’

‘Not A Movie, It’s A Satsang’: Kangana Ranaut Urges Fans To Skip Therapy And Watch ‘Hanuman Ansh’

2 hours ago
Modi at SCO summit

‘Modi Can Remove Pakistan From World Picture’: A Warning After Indian PM Cropped Out Of SCO Group Photo

2 hours ago
CM Majhi Highlights Odisha’s Rs 54,000 Cr Water & Irrigation Infra Push at Jal Shakti Summit

CM Majhi Highlights Odisha’s Rs 54,000 Cr Water & Irrigation Infra Push at Jal Shakti Summit

2 hours ago
  • Home
  • About us
  • Career
  • Contact
  • Privacy Policy
  • Terms of Usage
Wednesday, September 2, 2026
No Result
View All Result
OdishaBytes
  • Home
  • Odisha
    • Policy & Politics
    • City
  • India
  • Sport
    • Cricket
    • Football
    • Hockey
    • IPL
  • Entertainment
    • Music
    • Movie Review
    • Television
    • Bollywood
    • Hollywood
    • Ollywood
  • Business
  • Lifestyle
    • Travel
    • Food
    • Health
    • fashion
  • World
  • More
    • News You Can Use
    • Good News
    • Viral Videos
    • Tech
      • Cars & Bikes
      • Mobile & Gadgets
      • Review
  • Home
  • Odisha
    • Policy & Politics
    • City
  • India
  • Sport
    • Cricket
    • Football
    • Hockey
    • IPL
  • Entertainment
    • Music
    • Movie Review
    • Television
    • Bollywood
    • Hollywood
    • Ollywood
  • Business
  • Lifestyle
    • Travel
    • Food
    • Health
    • fashion
  • World
  • More
    • News You Can Use
    • Good News
    • Viral Videos
    • Tech
      • Cars & Bikes
      • Mobile & Gadgets
      • Review
No Result
View All Result
OdishaBytes
No Result
View All Result
Home India

SC Asks Centre To Consider ‘Romeo-Juliet’ Clause In POCSO Act; Know What It Means

by OB Bureau
January 10, 2026
in India
Reading Time: 3 mins read
SC Asks Centre To Consider ‘Romeo-Juliet’ Clause In POCSO Act; Know What It Means

Oplus_131072

491
SHARES
1.4k
VIEWS
Share on FacebookShare on Twitter

New Delhi: The Supreme Court, on Friday, directed the Centre to consider the introduction of a “Romeo-Juliet” clause in the Protection of Children from Sexual Offences (POCSO) Act to prevent its rampant misuse and exempt “genuine adolescent relationships” from its stringent provisions.

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 POCSO Act.

ADVERTISEMENT

“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 comprising Justice Sanjay Karol and Justice N Kotiswar Singh observed, as reported by TOI.

The bench, however, termed the law the “most solemn articulations of justice aimed at protecting the children of today and the leaders of tomorrow”.

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.

The top court, which set aside the high court judgement, however, left the part of the order granting bail as “undisturbed”.

The verdict faced the question of whether the high court, while dealing with bail pleas, could have issued directions mandating an age-determination test to be conducted in all cases involving the POCSO Act.

“It is unquestionable that the high court is a constitutional court. However, in the instant case, the error of jurisdiction by the high court was in exercise of a statutory power and not under the Constitution…,” the SC said.

“There is an additional aspect which, if the proposition as posited by the impugned judgment is upheld, would fall foul of. Such an aspect would be that a court, at the stage of bail, cannot conduct a mini-trial. This position is trite in law,” it added.

Referring to judgements, it has been clearly held that the determination of the victim’s age is a matter of trial and not at the stage of bail.

“If the age is under question, the bail court may examine the documents produced to establish age, but it will not enter into the question of those documents being correct or not so…,” the Court held.

“In cases where the victim’s courage may be tested by stigma, shame or the weight of societal scrutiny, medical evidence provides an impartial testament, grounding the pursuit of justice in the certainty of observable fact. It is, in essence, the bridge that links the personal suffering of the victim with the impartial adjudication of the law,” the bench said.

It referred to certain instances of the high courts, noting the misuse of the POCSO Act.

“Yet, when an instrument of such noble and one may even say basic good intent is misused, misapplied and used as a tool for exacting revenge, the notion of justice itself teeters on the edge of inversion. Courts have, in many cases, sounded an alarm regarding this situation,” the bench said.

“The misuse of the POCSO Act highlights a grim societal chasm – on the one end children are silenced by fear and their families are constrained by poverty or stigma, meaning thereby that justice remains distant and uncertain, and on the other hand, those equipped with privilege, literacy, social and monetary capital can manipulate the law to their advantage,” it added.

The bench also emphasised the ethical responsibility of lawyers to act as gatekeepers against frivolous or vindictive litigation, warning that unchecked misuse erodes public faith in the justice system.

Share196Tweet123
ADVERTISEMENT
Previous Post

Odisha Cabinet Approves Rs 10000-Cr Solar Cell Manufacturing Project By TPREL

Next Post

US Activates ‘Doomsday Plane’ Amid Heightened Global Tensions; Know More

OB Bureau

OB Bureau

Related Posts

Railways To Compensate Kerala Woman For Deboarding Her At Midnight

Railways To Compensate Kerala Woman For Deboarding Her At Midnight

by OB Bureau
September 2, 2026

Thiruvananthapuram: In an order that is likely to make the Railways think twice before misbehaving against women travelling alone, the...

Fake Currency In PNB Chest; UP Police Sets Up SIT

Fake Currency In PNB Chest; UP Police Sets Up SIT

by OB Bureau
September 2, 2026

Saharanpur: A Special Investigation Team (SIT) has been set up by the Uttar Pradesh Police to probe into the alleged...

Modi at SCO summit

‘Modi Can Remove Pakistan From World Picture’: A Warning After Indian PM Cropped Out Of SCO Group Photo

by OB Bureau
September 2, 2026

New Delhi: The controversy over Pakistani Prime Minister’s Office sharing a cropped group photo from the SCO Summit that left out...

darjeeling toy train locoshed collapses

Locoshed Of Darjeeling’s Iconic Toy Train Collapses Amid Heavy Rain, 7 Railway Workers Injured

by OB Bureau
September 2, 2026

Darjeeling: A portion of the locoshed of the iconic Darjeeling Himalayan Railway (DHR) near Darjeeling station collapsed on Wednesday amid heavy...

Next Post
US Activates ‘Doomsday Plane’ Amid Heightened Global Tensions; Know More

US Activates 'Doomsday Plane' Amid Heightened Global Tensions; Know More

OMC-Ad OMC-Ad OMC-Ad
SAI International School SAI International School SAI International School
OdishaBytes

Copyright © 2026 Frontier Media

Navigate Site

  • About
  • Advertise
  • Privacy & Policy
  • Contact
  • News Feed

Follow Us

No Result
View All Result
  • Home
  • Odisha
    • Policy & Politics
    • City
  • India
  • Sport
    • Cricket
    • Football
    • Hockey
    • IPL
  • Entertainment
    • Music
    • Movie Review
    • Television
    • Bollywood
    • Hollywood
    • Ollywood
  • Business
  • Lifestyle
    • Travel
    • Food
    • Health
    • fashion
  • World
  • More
    • News You Can Use
    • Good News
    • Viral Videos
    • Tech
      • Cars & Bikes
      • Mobile & Gadgets
      • Review

Copyright © 2026 Frontier Media