AI Overview...
Supreme Court Use of Article 142 in POCSO Act
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Article 142 of the Constitution empowers the Supreme Court to pass any decree or order necessary for doing complete justice in a case, including in sensitive matters like sexual offences against children under the POCSO Act. This power is invoked to ensure justice where statutory provisions or procedural delays might hinder fair trial or effective prosecution.
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Application in POCSO Cases:
- The Supreme Court has exercised its jurisdiction under Article 142 to issue directions for investigation, trial procedures, and support mechanisms to protect children's rights and ensure fair proceedings (e.g., Shivanna alias Tarkari Shivanna, SCC 2014, SCC 913) State Of Karnataka VS Mathru Sateri Gurav - Karnataka, MURUGASAMY VS STATE - Madras.
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It has directed the setup of Fast Track Courts and support persons to assist child victims, emphasizing the importance of child-centric procedures, including the recording of statements under Section 164 Cr.P.C. by specially nominated Magistrates (e.g., Section 164 recordings, Section 35 of POCSO) Hanumantha Mogaveera VS State of Karnataka by Women Police Station, UDUPI - Crimes, Murugasamy VS State rep by Inspector of Police, Karumathampatty Police Station Coimbatore District - Crimes.
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Main Points & Insights:
- The Court has used Article 142 to quash proceedings or modify procedural aspects when justice demands, especially in cases where statutory procedures might compromise the child's welfare or fair trial (e.g., quashing under Section 482 Cr.P.C. Ashwani Anand vs State of U.P. - Allahabad).
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It has emphasized protecting the rights of child victims, including ensuring adequate support, timely investigations, and fair trial rights, aligning with constitutional and international obligations (e.g., UN Convention on Rights of Children) Just Rights For Children Alliance VS S. Harish - Supreme Court.
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References & Notable Cases:
- Shivanna alias Tarkari Shivanna case: Supreme Court's directions under Article 142 for investigation procedures and trial management in POCSO cases State Of Karnataka VS Mathru Sateri Gurav - Karnataka, MURUGASAMY VS STATE - Madras.
- Use of Article 142 to set aside acquittals or direct re-trials where miscarriage of justice is evident Ramji Lal Bairwa VS State of Rajasthan - Supreme Court.
- Directions for support persons and child-friendly procedures under the POCSO Act, reinforced by Supreme Court guidelines Hanumantha Mogaveera VS State Of Karnataka By Women Police Station, Udupi, Rep. By High Court Spp - Karnataka, X VS State of NCT of Delhi - Delhi.
Analysis and Conclusion
The Supreme Court's invocation of Article 142 in POCSO cases serves as a vital judicial tool to fill procedural gaps, expedite justice, and uphold the rights of child victims. It ensures that statutory provisions are harmonized with constitutional mandates for a child-centric, fair, and effective justice delivery system. This power has been pivotal in shaping procedural reforms, establishing fast-track courts, and safeguarding the interests of vulnerable children in sexual offence cases.
Note: The references cited correspond to the source identifiers provided, illustrating the Court's jurisprudence and procedural directions under Article 142 in POCSO-related matters.
Search Results for "Supreme Court Use in Article 142 in Pocso Act"
2024 8 Supreme 271 • India - Supreme Court
C. T. RAVIKUMAR, SANJAY KUMAR
– Supreme Court could entertain appeal against Judgment of acquittal at instance of private parties also – Article 136 of Constitution ... and where a Judgment of acquittal by High Court led to miscarriage of justice, Supreme Court would not refrain from doing its duty ... of India neither confers on anyone right to invoke jurisdiction of Supreme Court nor inhibits anyone from invoking Court’s jurisdiction ... It was held that Article#HL_EN....
2025 0 Supreme(All) 3541 • India - HIGH COURT OF JUDICATURE AT ALLAHABAD
KSHITIJ SHAILENDRA
the case: ... The applicant sought to quash proceedings initiated against him following an allegation of abduction under IPC and POCSO ... Act, supported by the victim claiming her statements against the charges and subsequent marriage. ... (A) Code of Criminal Procedure, 1973 - Section 482, 528 BNSS - Prevention of Children from Sexual Offences Act, 2012 - Quashing of ... the one present before the Hon'ble Supreme Court while exercising powers under Article 142. .......
• India - Crimes
B.V.NAGARATHNA, M.G.UMA
Section 164 – Constitution of India – Article 15(3) – Whether evidence which has been recorded under Section 164 of Cr.P.C. can ... reason that mandate under Section 35 of POCSO Act has not been completed – Object and purpose of Section 35 of POCSO Act is to ensure ... inconsistency between said Section and Cr.P.C., as per provisions of Section 42A of POCSO Act. ... directions of the Hon’ble Supreme Court to set up Fast Track #HL_ST....
2021 0 Supreme(Kar) 183 • India - Karnataka
B.V.NAGARATHNA, M.G.UMA
POCSO Act, was also appointed as the Special Public Prosecutor – Court think time has now come to discontinue the said practice ... Constitution of India,1950 – Articles 1, 3, 16, 34, 19 and 15(3) - Protection of Children from Sexual Offences ... Act - support person has to prepare the child for Court proceedings and ensure that the child’s views are heard and are taken into ... directions of the Hon’ble Supreme Court to set up Fas....
2022 0 Supreme(Kar) 335 • India - Karnataka
B. M. SHYAM PRASAD, G. BASAVARAJA
4, 6, 25, 26, 386 - Code of Criminal Procedure, 1973 - Section 378(1) (3), 313, 164, 207 - Constitution of India, 1950 - Article ... 142 - Indian Oaths Act, 1969 - Section 4 - Indian Evidence Act, 1872 - Section 118, 157 - Sexual Assault - Order of Acquittal - ... Indian Penal Code, 1860 - Section 376, 506 - Protection of Children from Sexual Offences Act, 2012 - Sections ... (Crl.) 441 : (2014) 8 SCC 913].The Supreme Court has issued certain directi....
2025 0 Supreme(SC) 272 • India - Supreme Court
VIKRAM NATH, SANJAY KAROL, SANDEEP MEHTA
1, 2, 11, 30) ... ... (B) Fair Trial - Right to fair trial under Article ... The trial Court sentenced them to death, which was confirmed by the High Court. ... (Amendment) Ordinance, 2018 - Section 376(DB); Code of Criminal Procedure, 1973 - Section 366 - Death penalty confirmed by High Court ... Learned counsel for the State has filed a detailed reply to the application filed by the accused under Section 391 read with Article 142 of the Constitution of India. ... No. 98928 of 2022 ....
2017 0 Supreme(Mad) 3702 • India - Madras
INDIRA BANERJEE, P.N.PRAKASH
Chief Judicial Magistrate, for nominating a Magistrate other than the Judicial Magistrate, for the required purpose - Therefore, Court ... Shivanna alias Tarkari Shivanna [(2014) 8 SCC 913], the Supreme Court has issued certain directions in exercise of powers under Article 142 of the Contitution of India which read as under: ... "10. ... Therefore, whatever the Supreme Court has stated in Shivanna (supra), would apply in all its fours for investigation under the #HL_....
• India - Crimes
INDIRA BANERJEE, P.N.PRAKASH
(i) Criminal Procedure Code, 1973—Section 164, 164-5A—Protection of Children from Sexual Offences Act, 2012—Sections 25 and 33—Recording ... children whose statements were recorded by the Magistrate u/s 164 Cr.P.C. with the help of an interpreter—It is open to the trial court ... for conducting—Court shall make a request to the CMM/CJM of the District to nominate a Magistrate, other than the Magistrate who ... Shivanna alias Tarkari Shivanna [(2014) 8 SCC 913], the Supreme Court has is....
2024 7 Supreme 129 • India - Supreme Court
D. Y. CHANDRACHUD, J. B. PARDIWALA
is a manifestation of unique scheme formed by Article(s) 15 and 39 respectively of Constitution and obligation cast by United Nations ... recognized by legislature in specific international context i.e., United Nations Convention on Rights of Children, particularly Article ... , 2000 and Section 15(1) of Protection of Children from Sexual Offences Act, 2012. ... Satish reported in 2021 INSC 762 : 2021 8 Supreme 211 this Court had the occasion to examine the entire legislative scheme of....
2022 0 Supreme(Del) 2018 • India - Delhi
JASMEET SINGH
State authorities were directed to facilitate support for survivors expeditiously and adequately, affirming survivors' rights under Article ... (A) Protection of Children Against Sexual Offences Act, 2012 - Section 6, Delhi Victim Compensation Scheme, 2018 - Child sexual abuse ... The court found the existing compensation insufficient, stating, "the award of compensation of Rs.50,000 for mental trauma and bodily ... The POCSO Act has been legislated keeping in view the fundamental concept under #HL_STAR....
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