Kanha v. State of Maharashtra
Bombay High CourtMANU/MH/2045/2017Bench: J. A.S. Gadkari
The Bombay High Court held that the POCSO Act came into force on 14 November 2012 by a Gazette notification. The Act does not contain any retrospective saving clause. Applying POCSO to acts committed before this date would violate Article 20(1) of the Constitution. The conviction under POCSO was set aside and the matter was directed to be tried under the applicable IPC provisions.