Allahabad High Court Asks Law Commission to Revisit POCSO Sentencing in Exceptional Cases

The Allahabad High Court urged the Law Commission to consider changes allowing more sentencing discretion under the POCSO Act in exceptional factual situations.

Background

The observations arose in a habeas corpus matter involving a young couple and a child born to them. The Court considered poverty, limited education and uncertainty about the woman’s age while deciding the custody question.

Legal issue and reasoning

The Bench did not amend POCSO or excuse offences because of ignorance of law. It suggested that lawmakers examine how strict sentencing operates in unusual circumstances.

Consequence and next step

The Court allowed the habeas corpus petition after finding the woman was an adult on the available evidence, while leaving any criminal trial to proceed independently under law.