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july 2017

Supreme Court of India · 2017-07-21

MS. EERA THROUGH DR. MANJULA KRIPPENDORF vs STATE (GOVT. OF NCT OF DELHI)

Citation / case number
SC 2016/8073
Court
Supreme Court of India
Petitioner
MS. EERA THROUGH DR. MANJULA KRIPPENDORF
Respondent
STATE (GOVT. OF NCT OF DELHI)
Author
HON'BLE THE CHIEF JUSTICE
Bench
HON'BLE MR. JUSTICE ROHINTON FALI NARIMAN HON'BLE THE CHIEF JUSTICE

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' should include individuals who, despite being over 18 years biologically, have a mental age below 18 due to conditions such as mental retardation. The Court emphasized the need for trials involving such individuals to be conducted in a congenial atmosphere, as mandated by the POCSO Act, and upheld the High Court's directive for videography of the proceedings to accommodate the victim's communication needs. The judgment reinforces the protective intent of the POCSO Act for vulnerable individuals.

MS. EERA THROUGH DR. MANJULA KRIPPENDORF vs STATE (GOVT. OF NCT OF DELHI) · Niyam