Romeo Juliet Clause recommended by Supreme Court in POCSO - State of UP vs Anurudh

Описание: In this video, TLOI explains the Supreme Court judgment in State of Uttar Pradesh v. Anurudh (2026), a key decision on age determination under the POCSO Act and the limits of bail court jurisdiction.

The case arose from a POCSO prosecution where the Allahabad High Court, while hearing a bail application, ordered medical age determination of the victim and issued general directions requiring medical age examination in all POCSO cases. Relying on the medical report, the High Court granted bail and laid down broader investigative guidelines.

The Supreme Court set aside those directions and clarified important points of law.

⚖️ What the Supreme Court held:

• Bail courts under Section 439 CrPC are limited to deciding grant or refusal of bail and cannot issue system-wide investigative directions or conduct age determination exercises.

• Legal age determination in POCSO cases must follow Section 94 of the Juvenile Justice Act:

Matriculation certificate

First school record

Municipal / Panchayat birth certificate

Medical age test only if all documents are unavailable

• Medical examination under Section 27 POCSO read with Section 164A CrPC is meant for collecting evidence of sexual assault. It is not a substitute for statutory age determination.

• Medical age opinion is a last resort and cannot override valid documentary proof.

The Court reaffirmed that age determination is a matter for trial or competent authority, not for bail proceedings.

🧠 Additional observation

In a post-script, the Supreme Court also noted repeated misuse of POCSO in adolescent relationships and recommended that the Law Ministry consider possible legislative measures, including a Romeo–Juliet type exception and safeguards against malicious prosecutions. This is a policy recommendation, not binding law.

📚 This video covers:

✓ Facts of the case
✓ Legal issues before the Supreme Court
✓ Interpretation of Section 27 POCSO and Section 94 JJ Act
✓ Limits of bail jurisdiction
✓ Ratio of the judgment
✓ Practical implications for POCSO cases

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