Supreme Court Holds POCSO 2019 Amendment Not Retrospective, Restores Life Imprisonment

Case Snapshot

Case Name: Balesh Kumar Kuraiti v. State of Chhattisgarh

Citation: 2026 INSC 850

Bench: Justice Aravind Kumar & Justice Vipul M

Date of Judgment: August 12, 2026

Area of Law: Criminal Law, POCSO Act, Sentencing

The Judgment in One Line

POCSO 2019 amendment enhancing minimum sentence applies prospectively; life imprisonment restored for aggravated penetrative sexual assault of a 3-year-old child.

Why This Judgment Matters

This judgment clarifies the crucial distinction between sentencing under the pre-amendment and post-amendment POCSO Act. The Supreme Court held that the 2019 amendment—which increased the minimum sentence from 10 to 20 years and introduced "imprisonment for the remainder of natural life"—cannot be applied retrospectively. The Court restored life imprisonment for an accused convicted under Section 6 of the POCSO Act (as it stood before the amendment) and Section 376(2)(i) IPC. The judgment also emphasizes that courts must record reasons while modifying sentences and cannot reduce punishment arbitrarily. It serves as a powerful reminder that the trauma of child sexual abuse demands stringent punishment under the law in force at the time of the offence.

Background

On February 17, 2016, the appellant-accused, a guest at the victim's aunt's house, took a 3-year-old girl child on his lap and later carried her away. The child returned crying with injuries on her cheeks, nose, lips, and bleeding from her private parts. The victim's mother informed the

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