Overview
- The Supreme Court set aside an Allahabad High Court directive that required mandatory medical age determination at the bail stage in all POCSO cases, holding it exceeded Section 439 powers.
- The bench clarified that determining a victim’s age is a trial issue, cautioning bail courts against conducting ‘mini-trials’ or testing the correctness of age documents at that stage.
- Acting on an appeal by the Uttar Pradesh government, the Court struck down the sweeping directions but left bail already granted undisturbed, with the effect of its ruling to operate prospectively.
- The Court asked that its judgment be circulated to the Law Secretary and the registrar general of the Allahabad High Court to consider steps to curb misuse, including mechanisms to prosecute false or vindictive complaints.
- Noting frequent misuse of POCSO, the Court urged consideration of a ‘Romeo-Juliet’ clause to exempt genuine adolescent relationships from the law’s strict provisions and highlighted the ethical duty of lawyers to deter frivolous litigation.