Supreme Court of India · 2017-07-21
Ms. Eera Through Dr. Manjula ... vs State (Govt. Of Nct Of Delhi)
- Court
- Supreme Court of India
- Petitioner
- Ms. Eera Through Dr. Manjula ...
- Respondent
- State (Govt. Of Nct Of Delhi)
- Author
- Dipak Misra
- Bench
- R.F. Nariman, Dipak Misra
Judgment text excerpt
The Supreme Court interpreted Section 2(d) of the Protection of Children from Sexual Offences Act, 2012, holding that the definition of 'child' encompasses not only biological age but also mental age, thereby including individuals above 18 years who are mentally challenged. The Court emphasized the necessity for trials involving such individuals to be conducted in a congenial atmosphere, as mandated by the POCSO Act. The judgment affirmed the High Court's direction for the transfer of the case to a Special Court under the POCSO Act for appropriate proceedings.