IN RE: RIGHT TO PRIVACY OF ADOLESCENTS versus

                  [2025] 7 S.C.R. 216 : 2025 INSC 778

               In Re: Right To Privacy of Adolescents
                 (Suo Motu Writ Petition (C) No. 3 of 2023)
                                   23 May 2025
                [Abhay S. Oka* and Ujjal Bhuyan, JJ.]


                            Issue for Consideration
       Issue arose as regards sentencing the accused; about the
       rehabilitation of the victim and her child; and about adopting
       measures for adolescent well being and child protection.

                                    Headnotes†
       Protection of Children from Sexual Offences Act, 2012 –
       s.6 – Penal Code, 1860 – ss.363 and 366 – Sentencing of the
       accused – Rehabilitation of the victim and her child – Measures
       for adolescent well being and child protection – On facts, girl
       aged fourteen years victim under the POCSO Act – Victim
       married the accused and had a child with him – Acquittal of the
       accused for the offences punishable under the 2012 Act and
       IPC by the High Court, since the victim and the accused wanted
       to continue their cohabitation – In appeal thereagainst, this
       Court set aside the judgment of the High Court and restored
       the conviction of the accused for the offences punishable u/
       ss.376(2)(n) and 376(3) IPC and s.6 of the POCSO Act – Issue
       as regards sentencing the accused and the suo motu writ
       petition as regards objectionable observations made in the
       impugned judgment:
       Held: Final report of the Committee concludes that though the
       incident was seen as a crime in law, the victim did not treat it as
       one – In law, no option but to sentence the accused and send
       him to jail for undergoing the minimum punishment prescribed
       by the Statute – However, the society, the family of the victim
       and the legal system have done enough injustice to the victim,
       she has been subjected to enough trauma and agony and would
       add to the injustice by sending her husband to jail to undergo
       imprisonment – There has been failure to provide both social and
       economic justice to the victim, failure of the concept of welfare state,
       complete failure of the society and the legal system – However,


* Author
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                    In Re: Right To Privacy of Adolescents


     as compared to the situation when the incident took place, victim
     is better placed today and is comfortable with her small family –
     Earlier she did not get any opportunity to make informed choice,
     and now, she is desperate to save her husband and is emotionally
     committed to him and has become very possessive of her small
     family – To remedy the situation, the Court to ensure that the
     accused is not separated from the victim, and the State and the
     society to ensure that the family is rehabilitated – Exercising the
     jurisdiction u/Art.142, though the accused stands convicted, he
     will not undergo sentence – State to act as a true guardian of the
     victim and her child; to provide a better shelter to the victim and
     her family; to bear the expenditure of the education of the victim
     till Xth standard, the degree course, if she desires to pursue, and
     can offer her free vocational training after her Xth standard; to
     bear the entire expenditure of the education of the child up to Xth
     standard and ensure that she is educated in a very good school;
     and to take the assistance of NGOs for securing debts incurred by
     victim – State to file compliance report regarding implementation
     of the said directions – Secretary, Ministry of Women and Child
     Development to appoint Committee of experts to deal with the
     suggestions of amici curiae, and thereafter submit detailed report.
     [Paras 23-31]

                               Case Law Cited
     Shilpa Sailesh v. Varun Sreenivasan [2023] 5 SCR 165 : (2023) 14
     SCC 231; K. Dhandapani v. State, 2022 SCC OnLine SC 1056;
     Sankar v. State of Tamil Nadu, Curative Petition (Criminal)
     3/2023; Elumalai v. Inspector of Police, Crl. Appeal No. 674 of
     2018; Gian Singh v. State of Punjab [2012] 8 SCR 753 : (2012)
     10 SCC 303 – referred to.
     Ajay Kumar v. State (NCT of Delhi), 2022 SCC OnLine Del
     3705; Vijayalakshmi v. State, 2021 SCC OnLine Mad 317;
     Ranjit Rajbanshi v. State of West Bengal, 2021 SCC OnLine Cal
     2470 – referred to.

                                 List of Acts
     Protection of Children from Sexual Offences Act, 2012; Penal
     Code, 1860; Constitution of India; Code of Criminal Procedure,
     1973; Juvenile Justice (Care and Protection of Children) Act, 2015.
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                               List of Keywords
       Sentencing; Rehabilitation of victim and her child; Adopting
       measures for adolescent well being and child protection; Suo motu
       writ petition; Final report of the Committee; Minimum punishment;
       Family of the victim; Imprisonment; Social and economic justice;
       Concept of welfare state; Failure of society and legal system;
       Make informed choice; Jurisdiction u/Art.142; Guardian of victim
       and her child; Better shelter to victim and her family; Expenditure
       of education of the victim; Degree course; Free vocational training;
       Assistance of NGOs; Public-spirited citizens; Debts incurred by
       victim; Secretary, Ministry of Women and Child Development;
       Suggestions of amici curiae.

                              Case Arising From
       ORIGINAL /APPELLATE JURISDICTION: Suo Motu Writ Petition
       (Civil) No. 3 of 2023
       (Under Article 32 of The Constitution of India)
       With
       Criminal Appeal No. 1451 of 2024

                           Appearances for Parties
       By Courts Motion.
       Ms. Madhavi Divan, Ms. Liz Mathew, Sr. Advs./Amicus Curiae,
       Ms. Nidhi Khanna, Ms. Aishani Narain, Sameer Choudhary, Ms.
       Aandrita Deb, Ms. Bagavathy Vennimalai, Ms. Mallika Agarwal.
       Advs. for the Appellants:
       Huzefa Ahmadi, Sr. Adv., Kunal Mimani, Abhinav Rana.
       Adv. for the Respondents:
       Abhijit Sengupta.
       Advs. for the Intervenors:
       Ms. Aishwarya Bhati, A.S.G., Shiv Mangal Sharma, A.A.G.,
       Chinmayee Chandra, Ms. Archana Surve Shinde, Dr. N.
       Visakamurthy, Anuj Bhandari, Ms. Astha Sharma, Ms. Nidhi Khanna,
       Anuj Bhandari, Ms. Nidhi Jaswal, Ms. Ankita Sharma, Arjun D Singh,
       Kunal Mimani, Aravindh S.
[2025] 7 S.C.R.                                                            219

                    In Re: Right To Privacy of Adolescents


                Judgment / Order of the Supreme Court

                                 Judgment

     Abhay S. Oka, J.

     FACTUAL ASPECTS

1.   Criminal Appeal No.1451 of 2024 has been preferred by the State
     of West Bengal, being aggrieved by the judgment and order dated
     18th October 2023, passed by a Division Bench of the High Court of
     Judicature at Calcutta. In Suo Motu Writ Petition (C) No.3 of 2023,
     this Court’s attention was drawn to certain objectionable observations
     made in the aforesaid judgement. While dealing with the same, this
     court took note of the systemic failure of the State to protect the victim,
     resulting in her fate and wellbeing being ultimately tied up with that
     of the accused. Accordingly, in this judgement, we are dealing with
     the issue of sentencing of the accused arising out of the criminal
     appeal and the Suo Motu Writ Petition. We are also dealing with the
     issue of rehabilitation of the victim and her child.
2.   The learned Special Judge appointed under the Protection of
     Children from Sexual Offences Act, 2012 (for short, ‘the POCSO Act’)
     convicted the accused for the offences punishable under Section 6
     of the POCSO Act and Sections 363 and 366 of the Indian Penal
     Code, 1860 (for short, ‘the IPC’). For the offence punishable under
     Section 6 of the POCSO Act, the accused was sentenced to undergo
     rigorous imprisonment for twenty years and pay a fine of Rs.10,000/-.
     For the offences punishable under Sections 363 and 366 of the IPC,
     the accused was sentenced to undergo rigorous imprisonment for
     four years and five years respectively and was also ordered to pay
     a fine of Rs. 2,000/-and Rs. 5,000/- respectively. Though the learned
     Special Judge under the POCSO Act came to the conclusion that
     the accused was guilty of the offences punishable under clause (n)
     of sub-section (2) and sub-section (3) of Section 376 of the IPC,
     in view of the sentence imposed for the offence punishable under
     Section 6 of the POCSO Act, no separate punishment was imposed.
     The accused preferred Criminal Appeal (DB) 14 of 2023 before
     the Calcutta High Court against the conviction. The High Court by
     the Impugned Judgement dated 18th October 2023 purported to
     exercise its jurisdiction under Article 226 of the Constitution of India
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       read with Section 482 of the Code of Criminal Procedure, 1973 (for
       short, “the CrPC”) to set aside the conviction of the accused for the
       aforesaid offences.
3.     This Court by a detailed judgement dated 20thAugust 2024, set aside
       the impugned judgment of the High Court and restored the verdict
       of the learned Special Court to the extent of the conviction of the
       accused for the offences punishable under clause (n) of sub-section
       2 and sub-section (3) of Section 376 of the IPC and Section 6 of
       the POCSO Act. This Court confirmed the acquittal of the accused
       for the offences punishable under Sections 363 and 366 of the IPC.
       However, the sentencing was postponed for the reasons recorded in
       the judgment. In paragraph 2 of the said judgment, the basic facts
       of the case have been mentioned and in paragraph 3, the findings
       recorded by the High Court have been mentioned. Paragraphs 2 to
       5 of the judgment are relevant which read thus:
            “2. The victim girl was fourteen years old at the time of
            the incident. The victim’s mother lodged a First Information
            Report (FIR) on 29th May 2018. The victim’s mother stated in
            her complaint that the victim, who was her minor daughter,
            escaped from her home at 5:30 p.m. on 20th May 2018
            without informing anyone. On inquiry, it was found that the
            accused enticed her to leave her house. The accused did
            so with the help of his two sisters. The victim’s mother
            repeatedly visited the house of the accused and requested
            him to facilitate the return of her daughter. However, the
            victim did not come back. A female child was born to the
            victim. Admittedly, the accused is the biological father of
            the child. There was a gross delay in the investigation,
            and the accused was arrested on 19th December 2021.
            The chargesheet was filed on 27th January 2022 against
            the accused for the offences for which he was convicted.
            In addition, the accused was charged with the offence
            punishable under Section 9 of the Prohibition of Child
            Marriage Act, 2006. The prosecution examined seven
            witnesses. We may note here that as the learned Special
            Judge under the POCSO Act found that there was no
            evidence of marriage between the victim and the accused,
            the charge under Section 9 of the 2006 Act was held as
            not substantiated.
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                    In Re: Right To Privacy of Adolescents


           3. By the impugned judgment, the High Court held that
           the offences punishable under Sections 363 and 366
           of the IPC were not made out, and therefore, the High
           Court acquitted the accused for the said two offences.
           Considering the factual scenario that the High Court
           noticed, it purported to exercise its jurisdiction under Article
           226 of the Constitution of India read with Section 482 of
           the Code of Criminal Procedure, 1973 (for short, ‘the Cr.
           PC’) to set aside the conviction of the accused for the
           offences punishable under Section 6 of the POCSO Act
           and sub-sections 2(n) and (3) of Section 376 of the IPC.
           The High Court noted that the mother of the victim had
           disowned her and therefore, the victim was continuously
           residing with the accused along with their minor child.
           4. The Suo Motu writ petition was initiated based on the
           directions issued by the Hon’ble Chief Justice of India for
           challenging the impugned judgment. The State Government
           has preferred the criminal appeal to challenge the order
           of acquittal.
           5. Considering the nature of the observations made by
           the High Court and the findings recorded by it, this Court
           appointed Ms. Madhavi Divan and Ms. Liz Mathew, the
           learned senior counsel, as amicus curiae to assist the
           Court. Both of them have rendered valuable assistance to
           the Court. Along with them, Ms. Nidhi Khanna, Advocate-
           on-Record, has also assisted the Court. We have heard
           Mr.Huzefa Ahmadi, the learned senior counsel appearing
           for the State Government and the learned counsel
           representing the accused and the victim. The learned
           senior counsel for the State Government has taken a fair
           stand. The accused and the victim are on the same page
           and want to continue their cohabitation.”
4.   In paragraphs 15 and 15.1, this Court has dealt with the objectionable
     portions of the impugned judgment of the High Court. Thereafter, this
     Court also dealt with the exercise of plenary powers of the High Court
     under Section 482 of the CrPC to quash the order of conviction. In
     paragraphs 23 and 23.1, this Court held thus:
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       “23. There are various decisions of this Court holding that
       the High Court can exercise jurisdiction under Section
       482 of the Cr.PC to quash a prosecution on the grounds
       of settlement or by consent. One such judgment is in the
       case of Gian Singh v. State of Punjab & Anr., (2012) 10
       SCC 303. Paragraph 58 of the said decision reads thus:
            “58. Where the High Court quashes a criminal
            proceeding having regard to the fact that the dispute
            between the offender and the victim has been settled
            although the offences are not compoundable, it
            does so as in its opinion, continuation of criminal
            proceedings will be an exercise in futility and justice
            in the case demands that the dispute between the
            parties is put to an end and peace is restored; securing
            the ends of justice being the ultimate guiding factor.
            No doubt, crimes are acts which have harmful effect
            on the public and consist in wrongdoing that seriously
            endangers and threatens the well-being of the society
            and it is not safe to leave the crime-doer only because
            he and the victim have settled the dispute amicably
            or that the victim has been paid compensation, yet
            certain crimes have been made compoundable in law,
            with or without the permission of the court. In respect
            of serious offences like murder, rape, dacoity,
            etc., or other offences of mental depravity under
            IPC or offences of moral turpitude under special
            statutes, like the Prevention of Corruption Act or
            the offences committed by public servants while
            working in that capacity, the settlement between
            the offender and the victim can have no legal
            sanction at all. However, certain offences which
            overwhelmingly and predominantly bear civil flavour
            having arisen out of civil, mercantile, commercial,
            financial, partnership or such like transactions or
            the offences arising out of matrimony, particularly
            relating to dowry, etc. or the family dispute, where
            the wrong is basically to the victim and the offender
            and the victim have settled all disputes between
            them amicably, irrespective of the fact that such
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                    In Re: Right To Privacy of Adolescents


                offences have not been made compoundable, the
                High Court may within the framework of its inherent
                power, quash the criminal proceeding or criminal
                complaint or FIR if it is satisfied that on the face of
                such settlement, there is hardly any likelihood of the
                offender being convicted and by not quashing the
                criminal proceedings, justice shall be casualty and
                ends of justice shall be defeated. The above list is
                illustrative and not exhaustive. Each case will depend
                on its own facts and no hard-and-fast category can
                be prescribed.”
                                                   (emphasis added)

           23.1 Therefore, in view of the settled position of law, in
           the facts of the case, even if the accused and the victim
           (who has now attained majority) were to come out with a
           settlement, the High Court could not have quashed the
           prosecution.”
     4.1 In paragraphs 24 and 25, this Court highlighted the helpless
         position in which the victim of the offences under the POCSO
         Act was placed. Paragraphs 24 and 25 read thus:
                “24. The situation in which the victim was placed
                after the commission of the offence needs a bit
                of elaboration. As noted earlier, the victim left her
                house on 20th May 2018, and her mother filed a
                complaint on 29th May 2018. On 1st June 2018,
                PW-5 (ASI Gopal Chandra Saha) brought the victim
                from the house of the accused to the police station.
                After her medical examination was conducted, she
                was sent for safe custody at Alor Disha Child Line
                at Champahati. PW-2, mother of the victim, without
                giving any particulars stated that she got her daughter
                back from Narendrapur Sanlaap home. She claimed
                in the cross-examination that the victim remained in
                her house for one year and, later on, went back to
                the house of the accused. She admitted that she
                never went to the home of the accused, not even to
                see her grandchild. The victim’s parents completely
                abandoned her, at least from the year 2019.
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                  25. Ms Madhavi Divan, the learned amicus curiae,
                  rightly emphasized that no opportunity was made
                  available to a girl of fourteen or fifteen years of age
                  to make an informed choice to decide whether to stay
                  with the accused. She did not get any support from her
                  parents and the State machinery when she required it
                  the most. As held by us hereafter, the State machinery
                  failed to act according to the law to take care of the
                  victim. The situation in which she was placed at that
                  time was such that she had no opportunity to make
                  an informed choice about her future. She had no
                  option but to seek shelter where it was provided to
                  her i.e. in the house of the accused. In any event, it
                  is doubtful whether she could have made an informed
                  choice at the age of fourteen or fifteen.”
5.     From paragraphs 26 to 36, this Court has elaborately dealt with
       the failure of the State to perform its obligation to take care of the
       victim of the offence under the POCSO Act who was only fourteen
       years old. This Court referred to the constitutional obligation of the
       State. This Court also held that the existing statutes have enough
       provisions to address this kind of situation. Though, under the
       existing law, the State could have taken adequate care of the poor
       victim, it was not done. Therefore, very elaborate conclusions were
       recorded by referring to specific provisions of the POCSO Act and
       the Juvenile Justice (Care and Protection of Children) Act, 2015
       (for short, ‘the JJ Act’). Ultimately, in paragraphs 37 and 38, this
       Court has noted the effect of the failure of the State, its machinery
       as well as the collective failure of society at large. Paragraphs 37
       and 38 read thus:
            “37. It is the responsibility of the State to take care of
            helpless victims of such heinous offences. Time and again,
            we have held that the right to live a dignified life is an integral
            part of the fundamental right guaranteed under Article 21 of
            the Constitution of India. Article 21 encompasses the right
            to lead a healthy life. The minor child, who is the victim
            of the offences under the POCSO Act, is also deprived
            of the fundamental right to live a dignified and healthy
            life. The same is the case of the child born to the victim
            as a result of the offence. All the provisions of the JJ Act
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           regarding taking care of such children and rehabilitating
           them are consistent with Article 21 of the Constitution of
           India. Therefore, immediately after the knowledge of the
           commission of a heinous offence under the POCSO Act,
           the State, its agencies and instrumentalities must step in
           and render all possible aid to the victim children, which
           will enable them to lead a dignified life. The failure to do
           so will amount to a violation of the fundamental rights
           guaranteed to the victim children under Article 21. The
           police must strictly implement sub-section (6) of Section 19
           of the POCSO Act. If that is not done, the victim children
           are deprived of the benefits of the welfare measures
           under the JJ Act. Compliance with Section 19(6) is of
           vital importance. Non-compliance thereof will lead to a
           violation of Article 21.
           38. Unfortunately, in our society, due to whatever reasons,
           we find that there are cases and cases where the parents of
           the victims of the offences under the POSCO Act abandon
           the victims. In such a case, it is the duty of the State to
           provide shelter, food, clothing, education opportunities, etc.,
           to the victim of the offences as provided in law. Even the
           child born to such a victim needs to be taken care of in
           a similar manner by the State. After the victim attains the
           majority, the State will have to ensure that the victim of
           the offence can stand on his/her legs and, at least, think
           of leading a dignified life. That is precisely what Section
           46 of the JJ Act provides. Sadly, in the present case,
           there is a complete failure of the State machinery. Nobody
           came to rescue the victim of the offence, and thus, for
           her survival, no option was left to her but to seek shelter
           with the accused.”
6.   Paragraph 40, 40.1 and 41 discuss the issue of rehabilitation of
     the victim and her child. The operative portion of the judgment in
     paragraph 44 is relevant, which reads thus:
           “44. Hence, we pass the following order:
           (a) The impugned judgment of the High Court is set aside
           and the judgment of the Special Court is restored to the
           extent of the conviction of the accused for the offences
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       punishable under sub-sections (2)(n) and (3) of Section 376
       of the IPC and Section 6 of the POCSO Act. Accordingly,
       the accused stands convicted. The acquittal of the accused
       for the offences punishable under Sections 363 and 366
       of the IPC is confirmed. The appeal is partly allowed.
       The issue regarding sentencing will be considered after
       receiving the report of the committee in terms of clause
       (h) below.
       (b) We direct the Government of West Bengal to constitute a
       committee of three experts, including a clinical psychologist
       and a social scientist. The State Government may take
       the assistance of NIMHANS or TISS for constituting the
       committee. A child welfare officer shall be appointed to
       assist the committee as its coordinator and secretary;
       (c) The committee shall be formed within three weeks
       from today;
       (d) Within one week from the date of formation of the
       committee, the State Government shall provide all the
       material particulars/details of the benefits which it is willing
       to extend to the victim as stated in paragraph 5 of the note
       submitted on 9th May 2024 by the learned senior counsel
       appearing for the State;
       (e) Thereafter, the committee shall meet the victim of the
       offences at such a place as it desires to communicate what
       the State Government is offering to her. The Committee
       must also inform the victim about the availability of the
       benefits of the scheme of the Government of India. The
       duty of the committee shall be to help the victim to make an
       informed choice whether she wants to continue to remain
       in the company of the accused and his family or wants to
       avail of the benefits offered by the State Government. This
       exercise will naturally require meetings with the victim on
       multiple occasions. In what manner this task should be
       performed is left to the committee to decide;
       (f) The committee members must perform their duties very
       carefully and sensitively while ensuring that the victim does
       not develop a feeling of insecurity. While doing the exercise,
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           the committee will endeavour to carefully ascertain the
           kind of support, if any, the victim and her child are getting
           from the accused and his family members;
           (g) The State Government and its officials shall render
           all possible facilities and help to the committee members;
           (h) The coordinator of the committee shall submit a report
           in a sealed cover to this Court by 18th October 2024
           through the Advocate-on-Record for the State Government.
           The report can be a preliminary report or a final report.
           The report should contain the details of the interactions
           with the victim and the opinion and recommendations of
           the committee. The committee is free to give its opinion
           on the action which would be in the best interest of the
           victim and her child; and
           (i) We direct the Registry to forward copies of this judgment
           to the Secretaries of Law and/or Justice Departments of
           all the States and Union Territories. The Secretaries shall
           convene meetings of the Secretaries of the concerned
           departments and other senior officials. The object of
           holding such meetings is to ensure that appropriate
           directions are issued to all concerned to strictly implement
           the provisions of Section 19(6) of the POCSO Act and
           the relevant provisions of the JJ Act, which we have
           elaborated above. The State/Union Territories must create
           machinery to do so. The State/Union Territories shall also
           assist the victims in getting the benefits under the scheme
           of the Government of India and the scheme of NALSA,
           which we have referred to above. In the meetings, the
           issue of framing Rules by the States to give effect to
           the provisions of Section 46 of the JJ Act, shall also be
           considered. The Secretaries shall forward the compliance
           reports to the Secretary of the Ministry of Women and
           Child Development, Government of India, within a period
           of two months from today. The Secretary of the Ministry of
           Women and Child Development shall compile the reports
           and submit an exhaustive report before this Court within
           three months from today. A copy of this judgment shall also
           be forwarded to the Secretary to the Ministry of Women
           and Child Development, Government of India.”
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7.     Broadly, there are three issues which we are considering. The first
       issue is of sentencing the accused. The second issue is about
       the rehabilitation of the victim and her child. The third issue is a
       wider issue about adopting measures for adolescent wellbeing and
       child protection which goes to the root cause of the problem in our
       changing society.
8.     As far as sentencing is concerned, we cannot deal with the issue
       without understanding the reports of the Committee appointed by
       this Court. There are two reports of the Committee: preliminary
       report and final report. This Court interacted with the members of
       the Committee and the victim on 3rd April 2025. The order of this
       Court dated 3rd April 2025 reads thus:
            “We have interacted with the following members of the
            Committee of Experts:
            (1)   Dr. Pekham Basu, Assistant Professor, Centre for
                  Equity and Justice for Children and Families, School
                  of Social Work, Tata Institute of Social Science,
                  Mumbai – Expert Member,
            (2)   Smt. Jayita Saha, Clinical Psychologist, Pavlov
                  Hospital & COE, CNMCH, Kolkata, Health and Family
                  Welfare Department, Government of West Bengal –
                  Expert Member and
            (3)   Mr. Sanjeeb Rakshit, District Social Welfare Officer,
                  South 24 Parganas – Member Secretary.
            At the outset, we must compliment the role played by the
            three experts and the assistance they have rendered to
            the Court and to the learned senior counsel appointed as
            amicus curiae.
            We have heard the victim.
            We are not recording in detail what actually transpired, but
            we are of the view that the victim needs a financial help.
            After the victim completes her 10th Board Examination,
            we will have to explore the possibility of whether any
            vocational training can be given to her or whether part-
            time employment can be extended to her.
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           On this aspect, we will need the help of the West Bengal
           State Legal Services Authority. We, therefore, issue notice
           to the Member Secretary of the West Bengal State Legal
           Services Authority, returnable on 1st May, 2025. To be
           listed at 2.00 p.m.
           We also request the Member Secretary to interact with
           the learned senior counsel appointed as amicus curiae
           and also the learned counsel for the State of West Bengal
           so that the Member Secretary can be made aware about
           the nature of help and assistance required from the State
           Legal Services Authority.
           The Registry is directed to forward a copy of this order
           directly to the Member Secretary of the West Bengal Legal
           Services Authority.
           We request the Member Secretary to remain present before
           the Court on the returnable date through video conference.
           The learned senior counsel appearing for the State of
           West Bengal was present today. We request him to take
           instructions from the officers of the State in what manner
           the State can extend the helping hand to the victim.
           We will consider the submissions of the learned counsel on
           that day. The learned counsel are free to file supplementary
           note. The State can also file its response well in advance.”
9.   The preliminary report of the Committee is dated 16th October
     2024. The report recorded the victim’s struggles while tackling
     the legal system for securing the release of the accused. The
     report further noted that the legal battle has resulted in the family
     suffering emotionally and financially, and accordingly the committee
     recommended financial assistance for the child and educational and
     financial rehabilitation for the victim.
10. This Court on 24th October 2024, perused the preliminary report
    submitted by the Committee. Upon examination, the Court ordered
    the Committee to inform the victim about educational/ vocational
    training which can be extended to her at the cost of the State
    Government to ensure that she earns a better livelihood. The State
    Government was also directed to take all possible steps to provide
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       good quality education to the child of the victim. This court further
       ordered the State Government to ensure that proper nutritious food
       is made available to the child.
11. The Committee submitted its final report on 28th January 2025. The
    final report provides details of all the interviews conducted by the
    Committee, including those of the victim, the accused, their respective
    families, teachers and management personnel at the school of the
    victim, investigating police officers, personnel at the welfare home—
    Sanlaap Sneha Home, and other relevant stakeholders.
12. The final report highlights the inadequate, inefficient implementation
    of the POCSO Act. In particular, the final report emphasizes the
    “collective failure of the systems that are there to protect a girl child”.
    It states that the loopholes are glaring, and that the elopement,
    the living in/marriage of the victim, the birth of a child—all were
    preventable. The final report specifically highlights:
       a)   the failure of the Child Protection Committees at the village level;
       b)   the inadequate implementation of the State of West Bengal’s
            “Kanyashree Prakalpa Scheme”;
       c)   the inaction of the designated Child Welfare Officer at the local
            police station;
       d)   lack of provision of free legal aid;
       e)   lack of sufficient and effective counsellors from both genders
            in schools and even welfare homes;
       f)   high frequency of elopements by children in class 8 and above;
       g)   stigmatisation of girls in similar situations as the adolescent
            victim in the present case;
       h)   irregularities and delays in the investigation of such crimes;
       i)   inadequate accessibility to judicial fora and corruption and
            financial exploitation by touts, members of the Bar etc.; and
       j)   lack of awareness and sensitisation among family, and public
            officials in respect of the POCSO Act and the sexual, emotional,
            and mental well-being of children.
13. The final report concludes that in this particular case, it was not the
    legal crime which caused trauma on the victim, rather it was the
[2025] 7 S.C.R.                                                             231

                       In Re: Right To Privacy of Adolescents


     legal battle which ensued consequent to the crime that is taking a
     toll on the victim. In the light of this, the final report recommended
     that it would be in the best interest of the victim and her child that
     the family unit stays intact, so that the accused father may be
     able to participate in the child’s upbringing. Further, the report also
     recommended providing financial, legal and educational support to
     the victim and her child.

     SUBMISSIONS
14. Very detailed submissions were made by Ms. Madhavi Divan and
    Ms. Liz Mathew, the learned senior counsel appointed as amicus
    curiae. The learned amici have submitted that the sentencing of the
    accused would have to be examined in light of the findings in the final
    report, as well as the interaction with the victim, which has conclusively
    shown that the victim wishes to continue residing with the accused,
    and has expressed her fervent desire for preservation of his liberty.
15. The learned amici curiae have, therefore, recommended three
    alternatives in relation to sentencing the accused, which are as under:
     a)      Firstly, learned amici submitted that this Court can consider
             exercising its powers under Article 142 to remit, reduce or
             suspend the sentence. This court in Shilpa Sailesh v. Varun
             Sreenivasan1 delineated the contours of the power under the
             said Article, stating that as long as “complete justice” required by
             the “cause or matter” is achieved without violating fundamental
             principles of general or specific public policy, the exercise of
             the power and discretion under Article 142(1) is valid and as
             per the Constitution of India. The learned amici submitted that,
             in the present case, the minimum sentencing provisions under
             POCSO Act must be considered in the light of the evolving
             welfare interests of both the victim and her child. The learned
             amici have reiterated that this Court has exercised this power
             in similar cases of conviction under the POCSO Act including
             in K. Dhandapani v. State2, Sankar v. State of Tamil Nadu3
             and Elumalai v. Inspector of Police4.


1   (2023) 14 SCC 231
2   2022 SCC OnLine SC 1056
3   Curative Petition (Criminal) 3/2023
4   Crl. Appeal No. 674 of 2018
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       b)   Secondly, the learned amici have submitted that this court can
            consider remitting the sentence of the accused by the State
            of West Bengal under Section 432 CrPC (Section 473 BNSS).
            However, in the facts of the present case the amicus curiae were
            of the opinion that this Court ought to exercise its jurisdiction
            under Article 142 to reduce the sentence of the accused to
            the sentence already served in order to do complete justice
            between the parties.
       c)   Thirdly, the learned amici have submitted that the power of High
            Court’s to quash ongoing criminal proceedings under Section
            482 of the CrPC needs to be examined. In Gian Singh v. State
            of Punjab5, this court has cautioned that such power may only
            be exercised to secure the ends of justice or to prevent abuse
            of the process of any court. The learned amici have highlighted
            the different approaches taken by High Courts. The Delhi High
            Court in Ajay Kumar v. State (NCT of Delhi)6 and the Madras
            High Court in Vijayalakshmi v. State7 have interpreted the
            statement of objects and reasons of the POCSO Act as not
            intending to criminalize consensual romantic relationships
            between adolescents. The Madras High Court, in several cases
            has adopted a legal interpretation that consensual acts do not
            fulfil the requirement of ‘assault’ in the offence of ‘penetrative
            sexual assault.’ Similarly, the Calcutta High Court in Ranjit
            Rajbanshi v. State of West Bengal 8 has held that the POCSO
            Act defines “penetration” as a unilateral act by the accused,
            and therefore in cases of consensual intercourse, the act of
            penetration may not solely be attributed to the accused. Various
            High Courts have also considered the impact such prosecution
            has on the victim and have proceeded to quash the proceeding
            if pursuing the case would harm the victim. Similarly, the impact
            of prosecution on the accused has also been considered. In
            these cases, the learned amici have submitted that it will be
            pertinent to determine whether the victim has given ‘informed
            consent’, which must be done by interacting with the victim,


5   (2012) 10 SCC 303
6   2022 SCC OnLine Del 3705
7   2021 SCC OnLine Mad 317
8   2021 SCC OnLine Cal 2470
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                    In Re: Right To Privacy of Adolescents


           considering compromise memos and examining the statements
           given by the victim under Sections 161 and 164 of the CrPC.
           Further, in this light, the learned amici have stressed on the
           need to identify relevant factors to be considered by High Courts
           while quashing proceedings under the POCSO Act, in order to
           curtail inconsistent approaches towards the same.
16. Broadly, the learned amici in relation to sentencing of the accused
    have submitted that the underlying rationale in the present case
    should be to prevent the disruption of an existing family unit, mitigate
    further hardship to the victim and her child/children, and to balance
    strict statutory mandates with the principles of proportionality and
    complete justice. The learned amici contended that while the POCSO
    Act serves an essential purpose in protecting minors from sexual
    exploitation, its rigid application in cases of adolescent relationships
    can lead to outcomes that may not align with the best interests of
    the prosecutrix and her dependents. In light of this jurisprudence,
    this Court was requested to consider adopting a similarly nuanced
    approach in the present case to ensure that justice is served in both
    letter and spirit.
17. The learned amici have also sought supplementary directions to the
    effect that the facilities that have been made available to the victim by
    the State Government be continued till the child of the victim attains
    majority, and the victim attains education till the level of graduation,
    whichever is later. Further, learned amici have sought a direction to
    the Child Welfare Committee at the local level to apprise the victim
    of her rights as a married woman, and the options available to her
    in the unfortunate event of a marital discord.
18. In light of the experience gained in the present case, the learned
    amici curiae have also sought broader directions for ensuring that
    such cases can be prevented or dealt with in a better manner in
    the future:
     a)    The first direction pertains to the overall adolescent well-
           being and comprehensive sexuality education. The learned
           amici have drawn our attention to various government and
           non-governmental initiatives that have been introduced to
           enhance adolescent wellbeing, provide access to crucial health
           information, and ensure child protection. These initiatives
           focus on emergency assistance, digital education, peer-led
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            awareness, and community-driven outreach programs. Some
            programs, such as Childline India, provide immediate rescue and
            support services for children in distress, while digital platforms
            like Saathiya Salah and Hello Saheli aim to bridge the gap in
            sexual and reproductive health education. Other efforts, such
            as Project X, emphasize comprehensive sexuality education
            through structured classroom interventions. Despite these
            initiatives, the learned amici have highlighted that the UNESCO,
            The Journey Towards Comprehensive Sexuality Education:
            Global Status Report (2021) points out that in India, education
            policies on life-skills-based HIV and sexuality education is at
            secondary education-level only. In light of this, the learned
            amici have advocated for comprehensive sex education in
            India, stating that without systematic policy reforms, improved
            teacher training, and a more inclusive curriculum, India will
            continue to struggle in addressing rising adolescent health
            issues, misinformation, and the stigma surrounding sexual and
            reproductive health education.
       b)   The second direction sought for by the learned amici relates to
            the implementation of a data collection mechanism for improving
            institutional accountability. The learned amici have submitted
            that to ensure effective policy making, real-time accountability,
            and targeted interventions, it is crucial to establish a structured
            data collection mechanism at the state level. The absence of
            comprehensive, standardized data has often led to fragmented
            policy implementation, making it difficult to track progress and
            address gaps in enforcement. By collecting real-time data on key
            indicators—including sex education implementation, counselling
            services, POCSO case tracking, and child marriage monitoring—
            governments can enhance transparency and responsiveness
            in tackling these critical issues. Further, the learned amici have
            submitted that integrating this data into a real-time dashboard
            will provide a publicly accessible, transparent mechanism for
            monitoring progress, holding institutions accountable, and
            making informed policy decisions.

       CONSIDERATION
19. The preliminary report of the Committee indicates that in 2017, the
    victim met the accused through her neighbour who happened to be
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                    In Re: Right To Privacy of Adolescents


     the sister of the accused. At that time, their ages were 13 and 25
     years respectively. It is claimed that over a period of time they fell
     in love and on 20th May 2018, the victim left her home. She married
     the accused at a temple. Within nine days, on 29th May 2018, the
     victim’s mother lodged a police complaint. As a result of registration of
     the FIR, the police placed the victim in Narendrapur Sanlaap home.
     She was there for a month, and thereafter, she was sent back to her
     parents. She resumed her education at school and was promoted
     to class 10. While she was studying in class 10, she once again
     left her parental home and started living with the accused. Perhaps
     this period was very crucial in her life as she felt stigmatised and
     humiliated, as recorded in the preliminary report. She noticed that the
     entire village was discussing her case. Her siblings were taunting her.
     She was subjected to the vigilance of her mother, who accompanied
     her to school and tuition classes. Given these circumstances, the
     victim might have felt compelled to leave her home.
20. The victim continued to stay with the extended family of the accused,
    which consists of his parents, uncle, aunts, his five brothers and
    one sister. In May 2021, the victim gave birth to a daughter. After
    her delivery, she stayed with her parents for about two weeks, and
    thereafter, she went back to the house of the accused. When the
    daughter was seven months old, the police arrested the accused.
    The Committee noted that the arrest shattered both the victim and
    her daughter. For days, her daughter cried due to the absence of her
    father. The Committee recorded that the daughter remains traumatised
    due to separation anxiety. As can be seen from the report of the
    Committee, the two year period when the accused was in custody,
    was the toughest period for the victim. She had to run from pillar
    to post to defend the accused. She spent large amounts by way
    of payment of fees to lawyers for his release. The figures of the
    amount she spent as noted in the final report of the Committee are
    startling. At different stages, she paid a total amount of Rs. 40,000/-
    to the advocates. In addition, she claims to have paid a sum of Rs.
    10,000/- to an advocate “for winning the case”. She spent a sum of
    Rs. 20,000/- to get copies of the chargesheet and Rs. 7,000/- for
    getting duplicate copies of the court papers. Shockingly, she paid Rs.
    18,000/- to a tout who promised to get bail for her husband. Thus,
    she ended up spending more than Rs. 2 lakhs by incurring debt for
    defending the accused. She has borrowed a sum of Rs. 2 lakhs and
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       now, she is in a debt trap. In fact, the Committee records that the
       indebtedness has become vicious. The only redeeming feature is
       that during the period of imprisonment of the accused, her marital
       family took care of her and her daughter.
21. Now, we come to the economic condition of the victim and the
    accused. The family of the accused is very poor. At present, the
    victim, the accused and her daughter are staying in a temporary
    shelter enclosed by brick walls, but the roof is of tarpaulin. This house
    has no door. The accused is uneducated and is working as a daily
    wage labourer. Apparently, he is working very hard. It is noted by
    the Committee that both the victim and her husband are very keen
    on ensuring that their daughter gets education. They are taking
    precautions to ensure that they do not have another child. Now,
    there is improvement in the relationship between the victim and her
    parents. The victim’s parents looked after her when she was unwell.
22. The final report of the Committee is more elaborate. It describes
    the huge burden placed on the victim in dealing with her family’s
    responsibilities. The final report records that the economic status
    of the victim’s family is marginally better than that of her husband.
    The Committee has noted that the relationship of the victim with
    her husband follows the triangular theory of love, which states
    that intimacy, passion and commitment are the main criteria for
    consummate love. Initially, passion and intimacy may have taken
    the center stage, but now, the Committee notes that without any
    coercion from her husband, the victim is deeply committed to him.
    The Committee notes that now the victim is different. She is ably
    looking after her responsibilities as a wife and mother. It also notes
    the victim’s apprehension to save her husband from punishment. The
    figures of the money spent by her, which we have quoted earlier, were
    only in relation to the trial stage. The final report records that she
    has almost spent Rs.1,35,000/-. The figures stated make it obvious
    that she has been exploited. This is evident from the fact that she
    had to pay Rs.60,000/- for grant of bail, Rs.25,000/- for securing
    acquittal, Rs.15,000/- for filing a case in this Court and Rs. 25,000/-
    towards air fare, to enable her husband’s advocate to appear before
    this Court. Now, the victim is showing signs of maturity. She actively
    engages with adolescent girls in the area and encourages them to
    study and think rationally about relationships.
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                    In Re: Right To Privacy of Adolescents


23. The facts of this case are an eye opener for everyone. It highlights
    the lacuna in our legal system. The final report concludes that though
    the incident was seen as a crime in law, the victim did not accept it
    as one. The Committee records that it was not the legal crime that
    caused any trauma to the victim, but rather, it was the consequences
    that followed, which took a toll on her. What she had to face as a
    consequence was the police, the legal system and the constant
    battle to save the accused from punishment. At the same time, she
    took care of her daughter to the best of her abilities, notwithstanding
    the huge financial burden she carried. In fact, the final conclusion
    in the report is an eye opener. The relevant part of the final report
    reads thus:
           “In conclusion, a heinous crime causes trauma in the psyche
           of the victim. In this case, the law saw it as a crime, the
           victim did not. Hence, the legal crime did not cause any
           trauma on this particular victim. It was the consequences
           thereafter – the police personnel, the legal system, the
           battle to save her husband and do the best for her daughter
           while having a financial burden, which is taking its toll on
           her. A young woman, who refuses to be called a “Victim”,
           fighting for her husband needs all the support that can be
           made available. It would be in the best interest of the child
           if the family structure can be restored.”
24. What troubles us is the issue of sentencing. The reports of the
    Committee stare at our faces. Though the victim did not treat the
    incident as a heinous crime, she suffered because of it. This was
    because at an earlier stage, the victim could not make an informed
    choice due to the shortcomings of our society, our legal system and
    her family. In fact, she did not get any opportunity to make informed
    choice. The society judged her, the legal system failed her, and her
    own family abandoned her. Now, she is at a stage where she is
    desperate to save her husband. Now, she is emotionally committed
    to the accused and has become very possessive of her small family.
25. After having read the reports and having interacted with the
    Committee as well as the victim, we are of the view that if we send
    the accused to jail, the worst sufferer will be the victim herself. As
    compared to the situation in 2018, she is better placed today. Now
    she is comfortable with her small family. She along with the accused,
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       is concentrating on their daughter and they want to ensure that she
       gets quality education. At the same time, as recorded in the final
       report, the victim is attending school and is desperate to complete
       her school education. Though the State has offered to enroll her in
       some vocational course, she is keen on completing her education,
       at least up to graduation.
26. In law, we have no option but to sentence the accused and send
    him to jail for undergoing the minimum punishment prescribed by the
    Statute. However, in this case, the society, the family of the victim
    and the legal system have done enough injustice to the victim. She
    has been subjected to enough trauma and agony. We do not want
    to add to the injustice done to the victim by sending her husband
    to jail. We as Judges, cannot shut our eyes to these harsh realities.
    Now, at this stage, in order to do real justice to the victim, the only
    option left before us is to ensure that the accused is not separated
    from the victim. The State and the society must ensure that the family
    is rehabilitated till the family settles down in all respects.
27. Ultimately, this Court is bestowed with extraordinary jurisdiction
    under Article 142 for the sole object of ensuring that the highest
    Court of the land is in a position to do substantial justice in its truest
    sense. In the context of this situation, sadly, true justice lies in not
    sentencing the accused to undergo imprisonment. This case is not
    going to be a precedent and should not be a precedent. This case
    is an illustration of the complete failure of our society and our legal
    system. All that the system can do for the victim now, is to help her
    fulfil her desire of completing her education, settling down in life,
    providing a better education to her daughter and ensuring overall
    better living conditions for her family.
28. This year we have completed 75 years of the Constitution on 26th
    January. The Constitution contemplates the State to be a welfare
    state. The Constitution guaranteed social and economic justice to
    all the citizens. In this case, there is a failure to provide both social
    and economic justice to the victim. The facts of the case indicate
    failure of the concept of welfare state. To remedy the situation in
    this case, it is the obligation of the State Government to act as the
    true guardian of the victim and her child and ensure that they settle
    down in life and lead a happy, healthy and constructive life ahead.
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                    In Re: Right To Privacy of Adolescents


29. In furtherance of the aforementioned, this Court by order dated 24th
    October 2024 directed the State of West Bengal to extend educational
    facilities and ensure the provision of proper and nutritious food for
    the child of the victim. Furthermore, by order dated 3rd April 2025,
    this Court directed the State to look into the feasibility of imparting
    vocational training or offering part-time employment to the victim,
    upon completion of her 10th Board Examination. In compliance with
    the aforesaid orders, the State has taken the following steps:
     a)    The victim has been offered enrollment under various welfare
           schemes aimed at ensuring better nutrition and education for
           herself and her child vide Memo No. 1806/SWD(S24P) dated
           18.11.2024.
     b)    As per the desire of the victim, she has been admitted to
           Bhadrapara Gilarchat High School on 31st December 2024
           and is currently studying in the 10th standard.
     c)    The child of the victim has been enrolled at the local Anganwadi
           Centre and is receiving cooked food under the Supplementary
           Nutrition Programme of the Integrated Child Development
           Services.
     d)    The child of the victim has been enrolled under the Sponsorship
           Programme of Mission Vatsalya with effect from January 2025,
           vide Order dated 17th January 2025. Under the said scheme,
           an amount of Rs. 4,000/- is transferred to the beneficiary’s
           account in the first week of every month until the child attains
           the age of 18 years.
     The State has further submitted that since the victim has expressed
     her desire to complete her graduation, following the successful
     completion of her Board Examination, and subject to her consent,
     appropriate arrangements can be made to enroll the victim in a
     vocational training course of her choice at a suitable institution.
30. The learned senior counsel appointed as amicus curiae have come
    out with very important suggestions which we have highlighted
    in the earlier part of this judgement. This Court cannot leave this
    case by simply making an attempt to take care of the family of the
    victim. This Court will have to carry it further by taking forward the
    suggestions of the learned amici curiae. For carrying forward the
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       suggestion of the learned amici, we propose to implead the Union
       of India through the Ministry of Women and Child Development, so
       that more effective orders can be passed.
31. Hence, we pass the following order:
       a)   We exercise our extraordinary jurisdiction under Article 142
            of the Constitution of India and hold that though the accused
            stands convicted, he will not undergo sentence for the reasons
            stated earlier;
       b)   We direct the State to take following measures:
            i)     To act as a true guardian of the victim and her child;
            ii)    To provide a better shelter to the victim and her family
                   within a period of few months from today;
            iii)   To bear the entire expenditure of the education of the victim
                   till Xth standard examination and if she desires to take up
                   education for a degree course, till the completion of degree
                   course. After she passes her Xth standard examination,
                   the State can offer her vocational training, obviously, at
                   the cost of the State;
            iv)    To bear the entire expenditure of the education of the child
                   up to Xth standard and ensuring that she is educated in a
                   very good school in the vicinity of the place of residence
                   of the victim; and
            v)     To endeavour to take the assistance of NGOs or public-
                   spirited citizens for the purpose of securing the debts
                   incurred by the victim as a one-time measure.
       c)   We direct the State to file compliance report giving details of
            the implementation of the directions contained in clause (b)
            above. The first compliance report shall be filed by 15th July
            2025. Thereafter, compliance reports shall be filed after the
            interval of every six months. The first compliance report will
            be considered on 25th July 2025. We direct the Registry to list
            the case on 25th July 2025.
       d)   Issue notice to the Union of India through the Secretary of the
            Ministry of Women and Child Development. The notice is made
            returnable on 25th July 2025. A copy of the judgement dated
            20th August 2024 and this judgement shall accompany notice;
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                     In Re: Right To Privacy of Adolescents


     e)      Immediately on service of notice, the Secretary of the Ministry
             of Women and Child Development shall appoint a Committee of
             experts to deal with the suggestions of the learned amici curiae.
             Senior officers of the State shall be a part of the Committee. If
             necessary, the Committee can also consult the learned senior
             counsel appointed as amici curiae. Immediately on service of
             notice, the Secretary shall constitute a Committee. The members
             of the Committee constituted by this Court shall be permanent
             invitees to the said Committee; and
     f)      The Committee will submit a detailed report before the
             returnable date to this Court. To consider the implementation of
             the suggestions of the learned amici curiae based on the said
             report, this Court will pass further directions from time to time;
32. We were immensely benefitted by the reports of the Committee
    appointed by this Court. We must acknowledge the contribution of
    the Committee members. We record our appreciation for the service
    rendered by Ms.Madhavi Divan and Ms.Liz Mathew, the learned amici
    curiae. We must also record that Shri Huzefa Ahmadi, the learned
    senior counsel appearing on behalf of the State, has ably assisted
    the Court as the Officer of the Court.

     Result of the case: Directions issued and matter listed for
                          compliance.



     †
         Headnotes prepared by: Nidhi Jain