SC in Ramji Lal Bairwa & Anr vs State of Rajasthan & Ors Case held that cases of sexual assault under Protection of Children from Sexual Offences (POCSO) Act, 2012 (refer to box) cannot be quashed on the basis of the compromise between parties.
- SC held this while reviewing Rajasthan High Court's decision of quashing a 'sexual assault' case under the Act.
- Case has been heard under Special Leave Petition.
- Article 136 of the Constitution vests the SC with a special power to grant special leave to appeal against any judgment/order/decree in any matter or cause passed or made by any Court/tribunal.
Key Observations
- Rejection of Compromise Precedent: Court made reference of the State of M.P. v. Laxmi Narayan (2019) case which held that an offense against the society cannot be compromised.
- Also, endorsed the Delhi High Court judgment (Sunil Raikwar v. State) which held that a POCSO offense cannot be settled.
- Non Private nature of offense: Court observed that such crimes cannot be treated as private matters eligible for compromise-based quashing.
- Also, held that cases which have serious societal implications should not be dismissed solely based on a settlement.
About POCSO Act, 2012
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