Court Rules Inherent Powers Under BNSS 2023 Cannot Be Used to Quash Aggravated Sexual Assault/Rape Proceedings Under POCSO and IPC, Emphasizing Protection of Minor’s Consent
Gangtok, September 2, 2026 — The Sikkim High Court today delivered a significant judgment in the criminal case of Rxxx Rxx and others versus the State of Sikkim, firmly upholding the sanctity of laws protecting minors from sexual offences. The Court refused to quash the First Information Report (FIR) and ongoing criminal proceedings against the accused under the Protection of Children from Sexual Offences (POCSO) Act, 2012, and Indian Penal Code (IPC), despite a deed of compromise entered into by the parents of the accused and the survivor.
The petitioners sought relief under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), which preserves the inherent powers of the High Court to prevent abuse of the court process or to secure justice. The accused, petitioner no.1, along with the survivor (petitioner no.2), and their respective parents, executed a deed of compromise in August 2025, after the survivor had attained majority, aiming to settle the matter amicably. They cited the tender age of the accused and the adverse impact of prolonged incarceration on his future.
However, the Court emphasized that the POCSO Act elevates the age of consent to 18 years, rendering any sexual activity with a minor legally non-consensual. The survivor was 17 years old at the time of the incident in November 2022, while the accused was 19. The FIR, lodged in June 2023, charged the accused with aggravated penetrative sexual assault causing pregnancy under Sections 5(j)(ii) and 6 of POCSO, along with Section 376 of the IPC.
Justice Bhaskar Raj Pradhan, presiding over the case, highlighted binding Supreme Court precedents, notably the 2024 Supreme Court ruling in Re: Right to Privacy of Adolescents, which categorically held that the High Court cannot quash prosecutions for serious offences such as rape or aggravated sexual assault even if there is a settlement between parties after the survivor attains majority. The Court further clarified that a deed of compromise between the parents of the parties cannot substitute for a compromise between the accused and the survivor themselves, especially when the survivor was a minor at the time of the offence.
The judgment also referenced the Supreme Court’s observations in Society for Enlightenment and Voluntary Action vs. Union of India (2024), confirming that consent of a child under the POCSO Act is immaterial and that the Act is designed to shield children from sexual exploitation and abuse. The Court underscored that the inherent powers under Section 528 of BNSS 2023, akin to Section 482 of the CrPC, cannot be exercised to quash proceedings involving offences of moral turpitude like rape.
The High Court noted the sensitive nature of adolescent relationships and acknowledged the Supreme Court’s directions harmonizing POCSO and the Medical Termination of Pregnancy (MTP) Act to protect minors’ reproductive autonomy. Nonetheless, it reaffirmed that legal protection against sexual offences involving minors remains paramount.
Consequently, the Sikkim High Court rejected the petition to quash the FIR and trial proceedings. The Court advised the parties that if they seek further relief, they may approach the Supreme Court. The trial court was informed of the High Court’s order for continued proceedings in the interest of justice.
This ruling reasserts judicial commitment to child protection laws and clarifies the limited scope of compromise settlements in serious criminal cases involving minors, reinforcing the legal principle that the welfare and protection of children override private settlements.
Bottom Line:
The inherent powers of the High Court under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) cannot be exercised to quash criminal proceedings for aggravated sexual assault/rape under the POCSO Act and IPC based on a deed of compromise between the parties.
Statutory provision(s):
Bharatiya Nagarik Suraksha Sanhita, 2023 Section 528, Protection of Children from Sexual Offences Act, 2012 Sections 5(j)(ii), 6, Indian Penal Code, 1860 Section 376
Rxxx Rxx v. State of Sikkim, (Sikkim) : Law Finder Doc Id # 2973585
