The Meghalaya High Court has created a crucial legal precedent by allowing the quashing of POCSO Act proceedings in exceptional 'Romeo-Juliet' cases involving consensual adolescent relationships. This ruling balances the stringent child protection law with the 'manifest injustice' that rigid application can cause in genuine teenage relationships, especially considering socio-cultural realities like Meghalaya's matrilineal system. For exam aspirants, this highlights judicial interpretation, inherent powers under the BNSS (CrPC), and the evolving application of special statutes.
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- ›Bench: Chief Justice Revati Mohite Dere and Justice H S Thangkhiew
- ›Legal Provision Invoked: Section 528 of BNSS (formerly Section 482 CrPC)
- ›Target this Legal Point: Inherent powers of High Court under Section 528 of BNSS (formerly Section 482 CrPC) can be invoked even for special laws like POCSO.
- ›Target this Nodal Body: The Meghalaya High Court bench of Chief Justice Revati Mohite Dere and Justice H S Thangkhiew.
- ›Target this Principle: 'Manifest injustice' is the guiding principle for quashing POCSO cases in consensual adolescent 'Romeo-Juliet' relationships.
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