Take the pledge to vote

For a better tommorow#AajSawaroApnaKal
  • I agree to receive emails from News18

  • I promise to vote in this year's elections no matter what the odds are.
  • Please check above checkbox.

    SUBMIT

Thank you for
taking the pledge

Vote responsibly as each vote counts
and makes a diffrence

Disclaimer:

Issued in public interest by HDFC Life. HDFC Life Insurance Company Limited (Formerly HDFC Standard Life Insurance Company Limited) (“HDFC Life”). CIN: L65110MH2000PLC128245, IRDAI Reg. No. 101 . The name/letters "HDFC" in the name/logo of the company belongs to Housing Development Finance Corporation Limited ("HDFC Limited") and is used by HDFC Life under an agreement entered into with HDFC Limited. ARN EU/04/19/13618
LIVE TV DownloadNews18 App
»
1-min read

Law Can't Treat Rape Victim as 'Child' on Her Mental Age, Says SC

The Supreme Court on Friday ruled that biological age and not the mental age of a sexual assault victim will determine whether trial in the case will be held under the Protection of Children from Sexual Offences (POCSO) Act 2012.

Utkarsh Anand | CNN-News18

Updated:July 21, 2017, 12:13 PM IST
facebookTwitterskypewhatsapp
Law Can't Treat Rape Victim as 'Child' on Her Mental Age, Says SC
File Photo of the Supreme Court of India.
Loading...

New Delhi: The Supreme Court on Friday ruled that a mentally infirm rape victim cannot be considered a 'child' under the law.

A bench of Justices Dipak Misra and Rohinton F Nariman held that the provisions of the 2012 the Protection of Children from Sexual Offences (POCSO) Act could not be interpreted to include the 'mental age' of such victims.

According to the bench, biological age and not the mental age will be the determinative factor.

While reading out the concurrent verdict, the judges observed that despite their utmost attempts, they could not find a way to interfere with the legal provisions.

POCSO defines a 'child' as a person less than 18 years of age.

The court was called upon to rule on the issue after a petition was filed by the mother of a rape victim whose biological age is 40 but the mental age is six. The bench was to decide on whether such a person is a 'child’ under the POCSO Act.

The petition was moved by the 61 year old Delhi-based doctor, whose daughter with cerebral palsy was raped by a man in the year 2010.

The petition, argued by advocate Aishwarya Bhati, said that due to the impact of the gruesome incident, the victim's mental capacity further reduced to that of a three-year old child, which made recording of her statement before a magistrate extremely difficult.

Even as it expressed inability to interpret the law as pressed, the court said that the legal services authority will ensure that the victim is provided maximum compensation.

Get the best of News18 delivered to your inbox - subscribe to News18 Daybreak. Follow News18.com on Twitter, Instagram, Facebook, TikTok and on YouTube, and stay in the know with what's happening in the world around you – in real time.

Subscribe to Moneycontrol Pro and gain access to curated markets data, trading recommendations, equity analysis, investment ideas, insights from market gurus and much more. Get Moneycontrol PRO for 1 year at price of 3 months. Use code FREEDOM.

| Edited by: Bijaya Das
Read full article
Loading...
Next Story
Next Story

Also Watch

facebookTwitterskypewhatsapp

Live TV

Loading...
Countdown To Elections Results
To Assembly Elections 2018 Results