From Punishment To Protection: The Supreme Court's 2025 Paradigm Shift Under The POCSO Act
- IJLLR Journal
- May 4
- 1 min read
Ms. Garima Juneja, Assistant Professor, Gitarattan International Business School, Rohini, Delhi
Riya Garg, Gitarattan International Business School, Rohini, Delhi
ABSTRACT
The year 2025 witnessed a ground breaking transformation in India's child protection landscape through the Supreme Court's revolutionary interpretation of justice under the Protection of Children from Sexual Offences (POCSO) Act, 2012. This landmark shift moved away from rigid punishment-centered approaches toward a compassionate, victim-focused framework that prioritizes healing over retribution. Through its extraordinary judgment delivered on May 23, 2025, the Supreme Court demonstrated remarkable judicial courage by invoking Article 142 of the Constitution to withhold sentencing in a POCSO conviction, recognizing that mechanical application of punishment could cause more harm than healing to the victim. This research paper examines this paradigmatic transformation, analyzing how the apex court has redefined justice to encompass victim welfare, systemic accountability, and holistic rehabilitation. The study explores the constitutional foundations of this shift, its implications for child protection jurisprudence, and the broader evolution toward therapeutic approaches in sensitive legal matters involving vulnerable populations.
Keywords: POCSO Act, Supreme Court, Article 142, victim welfare, child protection, paradigm shift, restorative justice, constitutional jurisprudence, complete justice, therapeutic jurisprudence, victim-centric approach, child rights, sexual offences, mandatory sentencing, judicial discretion.
