New Delhi: In a significant ruling, the Supreme Court clarified that if a criminal is convicted under both the Indian Penal Code (IPC) and the Protection of Children from Sexual Offences Act (POCSO Act), the law with the stricter punishment will apply.
New Delhi: The Supreme Court has clarified that if an accused is convicted of rape under both the POCSO Act and the Indian Penal Code (IPC), they will be sentenced under the legal provision with the maximum punishment. The court stated that if an offense falls under both the IPC and the Protection of Children from Sexual Offences Act, 2012 (POCSO), then according to Section 42 of the POCSO Act, the law with the stricter punishment will take precedence.
Since the IPC prescribes a stricter punishment for rape, it will be applied. The accused argued that the POCSO Act is a Special Act and should be given precedence over other legal provisions.
What was the case about?
In Fatehpur district, a man had committed rape against his minor daughter. For this heinous crime, the lower court convicted him under Section 376 of the IPC and Section 3/4 (aggravated sexual assault) of the POCSO Act. He was sentenced to life imprisonment. Later, the Allahabad High Court changed this sentence to rigorous imprisonment for life, meaning the accused would remain in jail for life. Challenging this decision, the accused appealed to the Supreme Court.
Supreme Court's Decision
The Supreme Court clearly stated that the conviction under both the IPC and the POCSO Act was correct. Citing Section 42 of the POCSO Act, the court stated that when an offense is punishable under both laws, the accused will be punished under the provision with the stricter punishment. In this case, the punishment under the IPC was stricter, so the Supreme Court upheld the accused's life imprisonment sentence. However, the court clarified that from now on, in such cases, the accused will be given the maximum sentence.
Accused's Arguments Rejected
The accused argued that the POCSO Act is a Special Act and should therefore take precedence over the IPC. However, the Supreme Court rejected this argument, stating that in determining the sentence, it will be seen which law provides for a stricter punishment. This Supreme Court decision has made it clear that there will be no leniency in sexual offenses. The court also stated that awarding the maximum sentence in sexual offenses against children is a crucial step towards justice.
