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Supreme Court of India 2017-07-21 disposed

Eera through Dr. Manjula Krippendorf vs State (Govt. of NCT of Delhi) & Anr

Bench: 2 — Dipak Misra, R.F. Nariman

In Brief

This landmark judgment addresses whether India's Protection of Children from Sexual Offences Act (POCSO Act) should protect mentally retarded adults above 18 years based on their mental age. The appellant, a 38-year-old woman with cerebral palsy and mental age of 6-8 years, sought POCSO protection. The Court held that 'child' under the Act means only those biologically below 18 years—mental age is excluded. Though the Act is beneficial and child-friendly, the legislature deliberately chose chronological age as the sole criterion. Courts cannot add words through creative interpretation beyond what Parliament intended. The distinction between minors and mentally ill persons is consistently maintained across Indian statutes. The Court disposed the appeals but directed maximum compensation for the victim under victim compensation schemes given the case's special features.

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Criminal Law Children's Rights Statutory Interpretation Sexual Offences Judicial Review Constitutional Law

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