Case Commentary: K DHANDAPANI VERSUS THE STATE BY THE INSPECTOR OF POLICE

Gandhipriya V

(Executive Director, Institute of Legal Education, Email – gandhipriya@iledu.in)

Best Citation – Gandhipriya V, Case Commentary: K DHANDAPANI VERSUS THE STATE BY THE INSPECTOR OF POLICE, 2 ILE HRLR 34, 2022

Abstract

The Protection of Children from Sexual Offences Act, 2012 commonly known as POCSO Act is a comprehensive law to provide protection for children from the offences of sexual assault, sexual harassment and pornography, while including child-friendly systems for reporting, recording of evidence, investigation, and swift trial of offences through designated Special Courts, which protect the interests of the child at every level of the legal process. Lack of strict regulations and insufficient provisions in Indian Penal Code for dealing with and prosecuting for severe crimes like child sexual abuse and exploitation. The court has exercised its authority under Article 142 to protect citizens’ rights and maintain constitutional principles whenever the government or legislature has failed to do so. This paper is aimed to examine the Supreme Court’s recent order under Article 142 in the case of K DHANDAPANI V. THE STATE BY THE INSPECTOR OF POLICE.

Keywords: Supreme Court, Sexual Assault, POCSO act, Children.