Skip to content
  • Facebook
  • X
  • Linkedin
  • WhatsApp
  • YouTube
  • Associate Journalism
  • About Us
  • Privacy Policy
  • 033-46046046
  • editor@artifex.news
Artifex.News

Artifex.News

Stay Connected. Stay Informed.

  • Breaking News
  • World
  • Nation
  • Sports
  • Business
  • Science
  • Entertainment
  • Lifestyle
  • Toggle search form
  • Access Denied
    Access Denied Nation
  • ‘Spoke In Urdu To Deceive English Bowlers’: Pakistan Spinner Sajid Khan’s Huge Revelation
    ‘Spoke In Urdu To Deceive English Bowlers’: Pakistan Spinner Sajid Khan’s Huge Revelation Sports
  • Dr. Reddy’s recalls Sapropterin Dihydrochloride oral solution powder in U.S. due to ‘sub potency’
    Dr. Reddy’s recalls Sapropterin Dihydrochloride oral solution powder in U.S. due to ‘sub potency’ Business
  • India’s Pink-Ball Warm-Up Match vs Prime Minister’s XI To Now Be A 50-Over Contest
    India’s Pink-Ball Warm-Up Match vs Prime Minister’s XI To Now Be A 50-Over Contest Sports
  • Access Denied World
  • Access Denied
    Access Denied Nation
  • Access Denied World
  • Access Denied World
POCSO Act applies if victim of commercial sex trafficking is minor: Supreme Court

POCSO Act applies if victim of commercial sex trafficking is minor: Supreme Court

Posted on May 31, 2026 By admin


The Supreme Court has held that cases involving the trafficking of children for Commercial Sexual Exploitation (CSE) can attract charges under the stringent POCSO Act, alongside the relevant provisions of the Bharatiya Nyaya Sanhita and the Immoral Traffic (Prevention) Act.

A Bench of Justices J.B. Pardiwala and R. Mahadevan on Friday (May 29, 2026) issued a slew of directions to mitigate the concerns of sex workers, while clarifying the legal framework for the prosecution of perpetrators and the rehabilitation of victims.

It said the consent of an adult victim to the intended exploitation is irrelevant if any of the listed “means,” like the use of threat, force, other forms of coercion, abduction, fraud, deception, abuse of power, abuse of a position of vulnerability, or the giving or receiving of payments or benefits to achieve the consent of a person, are used.

“The consent of a child victim of trafficking is irrelevant, regardless of whether or not ‘means’ have been used… Lack of consent is not an element of the crime of trafficking in persons.

“Thus, the focus should be firmly on the actions and intentions of the perpetrators, and once the elements of the crime of trafficking, including the use of one of the identified means [coercion, deception, etc.], are proven, any defence or allegation that the victim ‘consented’ should be deemed to be irrelevant,” it said.

The Bench said a person’s awareness that they are being employed in the sex industry or prostitution does not exclude them from being a victim of trafficking, as they may have been deceived about the conditions of work, which later turned out to be exploitative.

The top court said Article 23 of the Constitution prohibits trafficking in human beings, beggars, and all other similar forms of forced labour, and its ambit is wide and unlimited. It strikes at human trafficking in whatever form it is found and is enforceable not only against the State but against any private individuals engaged in such practices.

The Bench noted that while dealing with Article 23 or legislations enacted to give effect to it, the court has consistently adopted a liberal interpretation, presuming and extending protections and benefits to all those in conditions of exploitation.

“When the victim of trafficking for CSE is a child, the provisions of the POCSO Act may apply alongside Sections 143 and 144 BNS respectively and/or the provisions of ITPA,” it said.

The court said this was because there is no ambiguity in Indian law regarding the fact that every act of sexual exploitation involving a child is non-consensual as a matter of law, and the POCSO Act was designed to cover all forms of sexual abuse against children, including sexual harassment, aggravated sexual assault, and the production, storage or possession of child sexual abuse material, among others.

“Therefore, in all cases where the sexual exploitation of a child involves acts punishable under the POCSO Act, the perpetrators would be charged and prosecuted under it. Once the POCSO Act is enacted, several aspects of the prosecution change significantly.

“The procedure for reporting the offence, recording the victim’s statement, and conducting the medical examination is governed by the specific provisions of the POCSO Act, which are designed to be more sensitive and protective of the child’s interests,” it said.

The Bench passed the order in the case filed by NGO Prajwala seeking directions to curb human trafficking and the enforcement of the rights of victims of commercial sexual exploitation.

It said the court’s conscious effort was to move away from treating trafficking victims merely as passive subjects of rescue and instead recognise them as individuals capable of making informed decisions on how they wish to be empowered.

The Bench said when dealing with an offence of trafficking for CSE, the applicable legal provisions are not static, and they vary depending on a combination of factors, such as the age of the victim, the means employed by the trafficker, and the specific nature of the exploitative acts to which the victim was subjected.

“No single piece of legislation operates in isolation when it comes to the crime of trafficking for CSE. An investigating officer must, therefore, approach each case with a holistic appreciation of the applicable legal framework and remain alive to the full range of provisions that the facts of a given case may attract,” it said.

The top court said without rehabilitation, the victim returns to the very same conditions that made her a target in the first place, and thus it is the plainest requirement of Articles 21 and 23, respectively, that victims of exploitative structures must be suitably rehabilitated.

Published – May 31, 2026 01:59 pm IST



Source link

Nation Tags:Bharatiya Nyaya Sanhita and the Immoral Traffic (Prevention) Act., india commercial sex trafficking, POCSO Act, Supreme Court

Post navigation

Previous Post: U.S. chemical spill: Death toll rises to 11

Related Posts

  • Didn’t Pay Salary To SEBI Chief After Retirement: ICICI On Congress Claim
    Didn’t Pay Salary To SEBI Chief After Retirement: ICICI On Congress Claim Nation
  • Gautam Adani, Qualcomm CEO Discuss India’s Potential In Chips, AI
    Gautam Adani, Qualcomm CEO Discuss India’s Potential In Chips, AI Nation
  • Top Stars Slam Minister’s Naga-Samantha Divorce Remark
    Top Stars Slam Minister’s Naga-Samantha Divorce Remark Nation
  • Access Denied
    Access Denied Nation
  • CBI Questions Kolkata Hospital Ex Principal For 3rd Day, Seeks His Call Details
    CBI Questions Kolkata Hospital Ex Principal For 3rd Day, Seeks His Call Details Nation
  • Access Denied
    Access Denied Nation

More Related Articles

“Only 19 Indians Remain In Russian Armed Forces”: Centre “Only 19 Indians Remain In Russian Armed Forces”: Centre Nation
Access Denied Access Denied Nation
Does INDIA Have A Chance? How Numbers Stack Up Ahead Of Speaker Election Does INDIA Have A Chance? How Numbers Stack Up Ahead Of Speaker Election Nation
Priyanka Gandhi’s Presence In Parliament Is Going To Be Huge Asset To Congress: Shashi Tharoor Priyanka Gandhi’s Presence In Parliament Is Going To Be Huge Asset To Congress: Shashi Tharoor Nation
Access Denied Access Denied Nation
Floor test will be smooth; have received letters from EPS, Velumani factions: Speaker Floor test will be smooth; have received letters from EPS, Velumani factions: Speaker Nation
SiteLock

Archives

  • May 2026
  • April 2026
  • March 2026
  • February 2026
  • January 2026
  • December 2025
  • November 2025
  • October 2025
  • September 2025
  • August 2025
  • July 2025
  • June 2025
  • May 2025
  • April 2025
  • March 2025
  • February 2025
  • January 2025
  • December 2024
  • November 2024
  • October 2024
  • September 2024
  • August 2024
  • July 2024
  • June 2024
  • May 2024
  • April 2024
  • March 2024
  • February 2024
  • January 2024
  • December 2023
  • November 2023
  • October 2023
  • September 2023
  • August 2023
  • July 2023
  • June 2023
  • May 2023
  • April 2023
  • March 2023
  • February 2023
  • January 2023
  • December 2022
  • November 2022
  • October 2022
  • September 2022
  • August 2022
  • July 2022
  • June 2022
  • May 2022

Categories

  • Business
  • Nation
  • Science
  • Sports
  • World

Recent Posts

  • POCSO Act applies if victim of commercial sex trafficking is minor: Supreme Court
  • U.S. chemical spill: Death toll rises to 11
  • Vanathi Srinivasan criticises Tamil Nadu government over safety of women, law and order situation
  • Trump says Iran has agreed to no nuclear weapons
  • ‘We’re getting old’: Magnus Carlsen’s honest reflection amid Norway Chess struggles

Recent Comments

  1. Georgeunill on UP Teacher Who Asked Students To Slap Muslim Classmate
  2. Stevedut on UP Teacher Who Asked Students To Slap Muslim Classmate
  3. Ralphaveby on UP Teacher Who Asked Students To Slap Muslim Classmate
  4. Roberthooke on UP Teacher Who Asked Students To Slap Muslim Classmate
  5. BarrymoW on UP Teacher Who Asked Students To Slap Muslim Classmate
  • Access Denied
    Access Denied Nation
  • Access Denied Business
  • Access Denied Sports
  • Chandrababu Naidu Highlights India’s Growing Status As Global Economic Powerhouse
    Chandrababu Naidu Highlights India’s Growing Status As Global Economic Powerhouse Nation
  • Access Denied Sports
  • Assam Tables Bill To End Muslim Marriages, Divorce Law. Reason Given Is…
    Assam Tables Bill To End Muslim Marriages, Divorce Law. Reason Given Is… Nation
  • Access Denied Sports
  • Access Denied
    Access Denied Nation

Editor-in-Chief:
Mohammad Ariff,
MSW, MAJMC, BSW, DTL, CTS, CNM, CCR, CAL, RSL, ASOC.
editor@artifex.news

Associate Editors:
1. Zenellis R. Tuba,
zenelis@artifex.news
2. Haris Daniyel
daniyel@artifex.news

Photograher:
Rohan Das
rohan@artifex.news

Artifex.News offers Online Paid Internships to college students from India and Abroad. Interns will get a PRESS CARD and other online offers.
Send your CV (Subjectline: Paid Internship) to internship@artifex.news

Links:
Associate Journalism
About Us
Privacy Policy

News Links:
Breaking News
World
Nation
Sports
Business
Entertainment
Lifestyle

Registered Office:
72/A, Elliot Road, Kolkata - 700016
Tel: 033-22277777, 033-22172217
Email: office@artifex.news

Editorial Office / News Desk:
No. 13, Mezzanine Floor, Esplanade Metro Rail Station,
12 J. L. Nehru Road, Kolkata - 700069.
(Entry from Gate No. 5)
Tel: 033-46011099, 033-46046046
Email: editor@artifex.news

Copyright © 2023 Artifex.News Newsportal designed by Artifex Infotech.