Supreme Court has agreed to examine a crucial legal question under the POCSO Act, granting an interim stay on a Rajasthan High Court order.
In a proceeding that could have far-reaching implications for child sexual abuse cases, the Supreme Court of India today issued notice and put on hold an order from the Rajasthan High Court. The apex court has decided to examine a critical legal issue: whether a victim of sexual abuse, who was a minor at the time of the incident but becomes an adult during the trial, continues to enjoy the special protections provided under the POCSO Act.
A bench comprising Justice PankaJ Mithal and Justice Prasanna B. Varale issued the order while hearing a Special Leave Petition (SLP) challenging the High Court’s judgment dated May 27, 2025.
The Core Legal Question
The central issue flagged by the Supreme Court revolves around Section 33(2) of the POCSO Act, 2012. This provision is a vital safeguard for child victims, designed to prevent them from facing traumatic and aggressive questioning during trial. It mandates that a Special Court must ensure that a child is not called repeatedly to testify and that the cross-examination of the child is conducted without any “aggressive tone or behaviour.”
The petitioner’s case raises the question of whether this protection ceases to exist the moment the victim turns 18, or if it continues to shield them throughout the duration of the trial, given that the alleged crime was committed when they were a child.
Proceedings in the Supreme Court
The SLP was filed with certain procedural applications, including one for condoning a delay in filing. The bench, after hearing the arguments presented by the counsel for the petitioner, Ms. Adwaita Sharma, granted permission to file the petition and allowed the application to condone the delay.
The court found merit in examining the substantial legal question and issued a formal notice to the respondents—the State of Rajasthan and another party—directing them to file their responses within six weeks.
Most importantly, the bench ordered an interim stay on the effect and operation of the impugned High Court order dated May 27, 2025. This means the High Court’s order will not be implemented until the Supreme Court delivers its final verdict on the matter.
Why This Matters
This Supreme Court’s decision to delve into this issue is significant for several reasons:
- Protection of Victims:Â It addresses a potential legal gap where a victim, though now an adult, may still be vulnerable and require protection from the rigors of a hostile cross-examination for an event that occurred in their childhood.
- Legal Precedent:Â The outcome will set a crucial precedent for thousands of pending POCSO cases across the country where the victim has attained majority during the protracted judicial process.
- Intent of the Law: The ruling will interpret the legislative intent behind the POCSO Act—whether its protective umbrella is meant to cover the act committed against a child, or only the child until a specific age.
The case will be closely watched by legal experts, child rights activists, and investigators alike, as it touches upon the core objective of the POCSO Act: to provide a child-friendly justice system.
Frequently Asked Questions (FAQs)
1. What is Section 33(2) of the POCSO Act?
Section 33(2) of the POCSO Act is a protective provision for child victims during trial. It directs the Special Court to ensure that the child is not called to testify repeatedly and that their cross-examination is carried out in a gentle, non-aggressive manner, without causing distress to the child.
2. Why has the Supreme Court stepped in?
The Supreme Court has stepped in to resolve an important legal ambiguity. The Rajasthan High Court passed an order which prompted the petitioner to argue that the protective rights of a victim under POCSO may be lost once they turn 18. The Supreme Court believes this is a significant question of law that needs a definitive interpretation to ensure uniform justice.
3. What is the immediate effect of the Supreme Court’s order?
The immediate effect is that the order passed by the Rajasthan High Court on May 27, 2025, has been put on hold (stayed). It cannot be implemented until the Supreme Court hears all parties involved and delivers its final judgment on the matter. This provides temporary relief to the petitioner.