CURRENT AFFAIRS | 8 APRIL 2026
CLAT GK + CRIMINAL LAW & CHILD PROTECTION
Chief Justice Surya Kant has taken serious notice of a horrific case from Ghaziabad where a man allegedly raped and murdered his 4-year-old daughter. The Supreme Court directed a hearing on April 10 and expressed concern over police investigation lapses. This case brings the POCSO Act, Article 21, and the SC’s supervisory jurisdiction into sharp focus for CLAT 2027 aspirants.
What Happened: The Ghaziabad Case
The Supreme Court, led by CJI Surya Kant, took cognisance of a petition filed by one Hariharan regarding the alleged rape and murder of a 4-year-old child by her own father in Ghaziabad. The CJI observed: “This is a matter which requires serious concern. There is a rape and murder of a 4-year-old child…”
The petitioner brought to the Court’s attention that while an FIR was registered under rape charges, no murder charge was added despite the child’s death. The police investigation appeared inadequate, prompting the petition. The CJI directed that the matter be listed for hearing on April 10.
This follows a similar case from March 20, when a 3-year-old minor in Gurgaon was brought to the CJI’s attention, leading to the constitution of a Special Investigation Team (SIT). The rising incidence of child sexual abuse cases has compelled the apex court to exercise its supervisory jurisdiction more actively.
POCSO Act: The Legal Shield for Children
POCSO Act 2012: The Protection of Children from Sexual Offences Act is a comprehensive legislation specifically designed to protect children (persons below 18 years) from sexual abuse, sexual harassment, and pornography. Key features:
- Section 2(d): Defines “child” as any person below 18 years
- Section 3-4: Penetrative sexual assault and aggravated penetrative sexual assault
- Section 5: Defines “aggravated” — includes assault by a relative, person in position of trust, or when child is below 12
- Section 19: Mandatory reporting — ANY person with knowledge of a sexual offence against a child MUST report to police or Special Juvenile Police Unit
- Section 29: Presumption of guilt — the accused is presumed guilty until proven innocent (reversal of burden of proof)
- Section 35: Trial must be completed within ONE year from date of cognisance
2019 Amendment: Introduced death penalty for aggravated penetrative sexual assault on children below 12 years of age. Also increased minimum sentences for other categories of offences.
Article 21 (Right to Life): The SC has expansively interpreted Article 21 to include the right to live with dignity, the right to a safe childhood, and the right to protection from exploitation. Every child’s right to life includes the right to be free from sexual violence.
Article 15(3): Enables the State to make special provisions for women and children — this is the constitutional basis for protective legislation like POCSO.
SC’s Supervisory Jurisdiction in Child Abuse Cases
Nipun Saxena v Union of India (2018): The SC laid down comprehensive guidelines for protecting the identity of sexual assault victims, including children. The Court directed that the identity of victims under POCSO must NEVER be disclosed — not by media, social media, or even courts in their orders. This case expanded the meaning of “identity” to include not just names but any information that could lead to identification.
SC’s Suo Motu Power: The CJI’s action demonstrates the Supreme Court’s ability to take notice of serious issues and exercise jurisdiction through:
- Article 32: Writ jurisdiction for enforcement of fundamental rights
- Article 136: Special leave to appeal — SC can grant leave from any court/tribunal in India
- Article 142: Power to pass any order necessary for doing “complete justice” in any cause or matter
Bharatiya Nyaya Sanhita (BNS) Sections 64-66: Under the new criminal code replacing the IPC, rape and related offences are covered under Sections 64-66. The Ghaziabad case highlights that police must register charges under BOTH POCSO and BNS where applicable — the FIR had only rape charges but no murder charge.
Exam Tip: CLAT frequently tests POCSO provisions, especially mandatory reporting (Section 19), presumption of guilt (Section 29), and the 2019 amendment introducing the death penalty. Know the age threshold (below 12 for death penalty, below 18 for POCSO applicability).
Mandatory Reporting: A Unique Feature of POCSO
Section 19 of POCSO mandates that any person — including professionals like doctors, teachers, and hotel staff — who has knowledge or apprehension that a sexual offence has been or is likely to be committed against a child must report it. Failure to report is itself a punishable offence under Section 21 (imprisonment up to 6 months). This is one of the few Indian laws that impose a duty to report on ordinary citizens.
| POCSO Act | Enacted 2012, Amended 2019 |
| Child Definition | Person below 18 years (Section 2(d)) |
| Death Penalty | For aggravated assault on child below 12 (2019 amendment) |
| Mandatory Reporting | Section 19 — any person must report |
| Trial Timeline | Must complete within 1 year (Section 35) |
| Burden of Proof | Reversed — accused presumed guilty (Section 29) |
| BNS Sections | 64-66 (rape provisions, replacing IPC 375-376) |
| Next Hearing | April 10, 2026 |
C — Child = below 18 years (Section 2(d))
H — Heinous penalty — death for aggravated assault on child below 12 (2019 amendment)
I — Identity protection — Nipun Saxena (2018) guidelines
L — Liability to report — mandatory under Section 19
D — Defence reversed — presumption of guilt under Section 29
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