SC: Consider 'Romeo-Juliet clause' to exempt 'genuine' adolescent relations, Pg10

Key Highlights:

• The Supreme Court has urged the Centre to consider a "Romeo-Juliet clause" to exempt genuine adolescent relationships from the POCSO Act, 2012.
• The court flagged the "misuse" of the POCSO Act by families opposing relationships between young people.
• The ruling was delivered on January 9, 2026, in response to an appeal by the Uttar Pradesh government.
• The Supreme Court set aside the Allahabad High Court's direction for mandatory medical tests to determine age in all POCSO cases, but did not disturb the grant of bail.

Detailed Insights:

• The Supreme Court acknowledged the misuse of the POCSO Act as a tool for settling scores, which undermines the Act's intent to protect children.
• The court clarified that determining the victim's age is a matter for trial, not for bail considerations; age determination should primarily rely on documents, with medical evidence as a last resort.
• The Allahabad High Court's original direction mandated medical reports to determine the victim's age at the commencement of POCSO Act investigations, aligning with Section 164-A CrPC and Section 27 of the POCSO Act.
• The Supreme Court emphasized that constitutional power cannot overshadow statutory power, meaning the High Court's powers arising from the Constitution cannot expand the scope of statutory powers beyond what the statute envisages.

Key Concepts Involved:

• POCSO Act, 2012: Legislation to protect children from sexual offences and ensure their safety, security, and dignity.
• Romeo-Juliet Clause: A proposed legal provision to exempt genuine adolescent relationships from the purview of the POCSO Act.
• Section 164-A CrPC: Deals with the medical examination of a victim of sexual assault.