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.