2 hrs ago
Delhi High Court Rules POCSO Cases Cannot Be Settled
The Delhi High Court considered a case involving alleged sexual assault against a child.
The accused asked the court to end the case because the child’s family had reached a settlement.
The court refused to do so.
It said cases under the POCSO law cannot be privately settled.
The court described these offences as very serious and harmful to society.
The alleged offender was accused of being in a position of trust or authority.
The trial had already reached the stage where prosecution evidence was being recorded.
The judge said ending the case would weaken the purpose of the law and would not serve justice.
The Delhi High Court ruled that POCSO cases cannot be settled by a child survivor or the survivor’s family.
Justice Sachin Datta dismissed a petition seeking to quash a case after a family-mediated settlement.
The 49-year-old accused allegedly committed aggravated penetrative sexual assault against a child in 2022.
The alleged offence involved a person in a position of trust or authority.
The court said ending the case during prosecution evidence would undermine the POCSO Act and the ends of justice.
- Who
- The Delhi High Court, Justice Sachin Datta, and a 49-year-old accused facing a POCSO trial.
- What
- The court refused to quash a child sexual-offence case based on a settlement involving the minor survivor’s family.
- Where
- The Delhi High Court in New Delhi.
- When
- The alleged assault occurred in 2022; Justice Datta dismissed the petition on September 22, and the decision was reported on September 24.
- Why
- The court said sexual offences against children are heinous, seriously affect society, and cannot be privately compromised under the POCSO Act.
Accused’s Position
Court’s Position
Settlement and case dismissal
Accused’s Position
The accused sought to quash the criminal case after a settlement with the minor survivor, reportedly reached with intervention from her family.
Court’s Position
The court held that a child survivor or family cannot compromise an offence under the POCSO Act and refused to quash the proceedings.
Legal effect of compromise
Accused’s Position
The petition relied on the settlement as a basis for ending the prosecution.
Court’s Position
The court said such a settlement has no legal sanction in heinous sexual-offence cases and that ending the case would defeat the statute’s purpose and the ends of justice.
Key facts
- Court
- Delhi High Court
- Judge
- Justice Sachin Datta
- Petition
- A request to quash a POCSO criminal case after a settlement
- Accused
- A 49-year-old person
- Alleged offence
- Aggravated penetrative sexual assault against a child in 2022
- Trial stage
- Recording prosecution evidence
- Legal provisions
- Sections 376 and 506 of the Indian Penal Code and Section 6 of the POCSO Act
Quotes
Justice Sachin Datta
Delhi High Court judge who authored the order
“A settlement between the victim and the offender in such cases has no legal sanction’¦ The allegations are of aggravated penetrative sexual assault upon a child by a person in a position of trust or authority, punishable under sections 376/506 of IPC and section 6 of the POCSO Act. These are heinous offences which have a serious impact on society,”
NDTV
theprint.in
“The child victim or their family cannot compromise an offence under the POCSO Act.”
NDTV
theprint.in
Sources
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