M. Loganathan v. State (Madras HC)
Madras High CourtMANU/TN/1755/2017Bench: J. M. Sathyanarayanan, J. P. Rajamanickam
The Madras High Court held that the POCSO Act is a substantive law creating new and aggravated offences. Being a penal statute, it cannot operate retrospectively — conviction cannot be under POCSO for offences committed before 14 November 2012. This is enshrined in Article 20(1) of the Constitution (no ex post facto criminal law) and Section 1(2) POCSO which specifies the date of commencement. The Court modified the conviction from POCSO to the applicable IPC provisions that were in force at the time of the offence.