Today, On 23rd May, Using its special powers under Article 142, the Supreme Court acquitted a man earlier convicted under the POCSO Act for having a sexual relationship with a 15-year-old girl, citing the need to deliver complete justice.
New Delhi: The Supreme Court exercised its extraordinary powers under Article 142 to acquit a man convicted of engaging in a sexual relationship with a 15-year-old girl under the Protection of Children from Sexual Offences Act (POCSO).
While the conviction was maintained, the bench decided against imposing a sentence, observing,
“What troubles is the issue of sentencing. Victim didn’t treat this as heinous crime. Victim couldn’t make informed choice. Society judged her, legal system failed her, family abandoned her. She is trying to save her husband.”
Also Read: Supreme Court: “Cannot Allow the HC to Exercise Power Under Article 142”
The bench further remarked,
“The facts of this case highlight lacunae of legal system,”
Noting that it was not a “legal crime,” and emphasized that the girl had to navigate significant challenges with both the police and the legal system to defend the accused.
The bench stated,
“It’s not the legal crime but the consequences that took a toll on the victim. She had to face battle with police and legal system to save the accused,”
Article 142 of the Indian Constitution gives the Supreme Court of India a special power to pass any order or decree necessary to do “complete justice” in a case before it. This power is unique and very wide.
What is Article 142?
- It says: “The Supreme Court in the exercise of its jurisdiction may pass such decree or make such order as is necessary for doing complete justice in any cause or matter pending before it.”
- Sometimes, existing laws or procedures are not enough to solve a complex or unusual case.
- In such cases, the Supreme Court can use Article 142 to ensure fairness and justice, even if it means going beyond usual legal rules.
- It helps the Court fill gaps in the law or make decisions that are just and effective.
How does the Supreme Court use Article 142?
- The Court can issue directions or orders that are binding on all parties.
- It can also make orders to enforce its judgments.
- For example, if there is no law to handle a particular situation, the Court can create a solution under Article 142 to avoid injustice.
- It can be used in public interest cases, for protecting fundamental rights, or resolving disputes involving multiple parties.
Important points:
- The power under Article 142 is extraordinary but must be used wisely and sparingly.
- It cannot override the Constitution or violate fundamental rights.
- The Court’s decision under Article 142 is final and binding.