"POCSO Victims Are Being Forced Not Only To Potentially Interact With Accused But Also Be Present In Court Hearings": Delhi HC Expresses Concern
2 years, 7 months ago

"POCSO Victims Are Being Forced Not Only To Potentially Interact With Accused But Also Be Present In Court Hearings": Delhi HC Expresses Concern

Live Law  

The Delhi High Court has expressed concern over a situation wherein POCSO victims are being forced not only to "potentially interact with the accused person" but also be present in Court when the arguments regarding the offence are being taken up for hearing.Justice Jasmeet Singh was of the view that the psychological impact on a POCSO victim being present in Court is immensely grave as. The Delhi High Court has expressed concern over a situation wherein POCSO victims are being forced not only to "potentially interact with the accused person" but also be present in Court when the arguments regarding the offence are being taken up for hearing. Justice Jasmeet Singh was of the view that the psychological impact on a POCSO victim being present in Court is immensely grave as the arguments vary from allegations, accusations, doubting integrity and character. "This has led to a situation where the victims are being forced not only potentially interact with the accused person, but also be present in Court when the arguments regarding the offence are being taken up for hearing," the Court said.

Court Sec Sentence Present Pocso Victims Pocso Victim Potentially Interact  sentence  court  taken  potentially  interact  person  hc  victims  expresses  arguments  delhi  pocso  victim  present  hearings  forced

History of this topic

Delhi High Court Discharges Lawyer Booked For Criminal Contempt Over Misbehaviour With Judge, Asks Him To Render Pro Bono Services
3 days, 14 hours ago

Delhi High Court Discharges Lawyer Booked For Criminal Contempt Over Misbehaviour With Judge, Asks Him To Render Pro Bono Services

Live Law  

While discharging a lawyer in a criminal contempt case, the Delhi High Court has asked him to render pro bono services in at least two matters before Additional Sessions Judge. A division bench comprising Justice Prathiba M Singh and Justice Rajneesh Kumar Gupta discharged Advocate Shivashish Gunwal who had misbehaved and raised his voice in the Court of ASJ South …

[POCSO Act] Lying Very Close To Minor Victim Amounts To 'Outraging Modesty' But Not 'Aggravated Sexual Assault' If No Overt Sexual Intent: Delhi HC
Top News
1 week, 6 days ago

[POCSO Act] Lying Very Close To Minor Victim Amounts To 'Outraging Modesty' But Not 'Aggravated Sexual Assault' If No Overt Sexual Intent: Delhi HC

Live Law  

The Delhi High Court has held that pressing lips of a minor victim and lying very close to her may amount to offence of outraging her modesty under Indian Penal Code but the same may not amount to offence of aggravated sexual assault under POCSO Act if overt sexual intent is absent. “The act of touching and pressing lips or …

Madras High Court Declines To Interfere With Order To Register FIR Against News Channel For Allegedly Revealing Identity Of POCSO Victim
2 weeks, 1 day ago

Madras High Court Declines To Interfere With Order To Register FIR Against News Channel For Allegedly Revealing Identity Of POCSO Victim

Live Law  

The Madras High Court has recently refused to interfere with an order of the Special Judge for POCSO cases, Chennai, directing registration of an FIR against a Tamil news channel for allegedly revealing the identity of a victim in a POCSO case. The court was hearing a plea filed by NewsTamil 24x7 represented by its Editor, seeking to set aside …

'Raises Concerns About Competence Of Judge': Orissa HC Sets Aside Order In POCSO Case Wrongly Treating Major Accused As 'Juvenile'
1 month ago

'Raises Concerns About Competence Of Judge': Orissa HC Sets Aside Order In POCSO Case Wrongly Treating Major Accused As 'Juvenile'

Live Law  

The Orissa High Court has heavily criticized a Special Court under the Protection of Children from Sexual Offence Act for treating an accused as 'juvenile' and referring the case to Juvenile Justice Board despite having enough materials to suggest that the last act in the 'continuing offence' was committed by the accused much after he attained majority. While reprimanding the …

Not Justified To Summon Additional Accused For Offence Not Related To Trial: Punjab & Haryana HC Sets Aside Summons In POCSO Case
1 month, 2 weeks ago

Not Justified To Summon Additional Accused For Offence Not Related To Trial: Punjab & Haryana HC Sets Aside Summons In POCSO Case

Live Law  

The Punjab & Haryana High Court quashed the summoning order against a wrestling coach in a POCSO case, observing that the allegations levelled against him were not related to the trial in which he was summoned. Justice Amarjot Bhatti said, "For summoning of additional accused under Section 319 Cr.P.C., the Court is required to look into the form of evidence …

Reporter TV's Consulting Editor Arun Kumar K, Sub-Editor Approach Kerala High Court Seeking Anticipatory Bail In POCSO Case
2 months ago

Reporter TV's Consulting Editor Arun Kumar K, Sub-Editor Approach Kerala High Court Seeking Anticipatory Bail In POCSO Case

Live Law  

Malayalam news channel Reporter TV's consulting editor Arun Kumar K and Sub-editor Shabas Ahammed S have approached the Kerala High Court seeking anticipatory bail in a POCSO case, lodged for allegedly sexually harassing a child. Reportedly, the editors had a conversation between themselves during the Kalolsavam where Arun Kumar pointing towards the manavatti of one of the oppana team and …

Indian courts, despite their flaws, have been firm on POCSO cases: How the Himachal HC's refusal to allow 'compromise' sends an important message
2 months, 1 week ago

Indian courts, despite their flaws, have been firm on POCSO cases: How the Himachal HC's refusal to allow 'compromise' sends an important message

Op India  

Each year, countless girls and boys globally encounter sexual abuse and exploitation. The court cited the Supreme Court’s 2012 verdict in Gian Singh v. State of Punjab, which clearly established that “prior to invoking the authority under Section 482 of the CrPC, the high court must carefully consider the nature and severity of the offense.” It further asserted that “serious …

Case Transferred To POCSO Court After 8-Yrs Trial: Gujarat HC Says Police, Prosecution & Trial Court Prima Facie Failed In Discharging Duty
2 months, 2 weeks ago

Case Transferred To POCSO Court After 8-Yrs Trial: Gujarat HC Says Police, Prosecution & Trial Court Prima Facie Failed In Discharging Duty

Live Law  

The Gujarat High Court recently lamented the failure on part of the Police, the prosecution and the trial court in an assault case, which came to be transferred to a POCSO Court, eight years after commencement of trial. “Prima facie, it is very strange and also shameful on the part of the entire law enforcing and law adjudicating machinery that …

Gujarat HC raps law machinery for invoking POCSO Act in molestation case 8 years after FIR
2 months, 2 weeks ago

Gujarat HC raps law machinery for invoking POCSO Act in molestation case 8 years after FIR

Hindustan Times  

Ahmedabad, The Gujarat High Court has berated the police and prosecution for invoking sections of the Protection of Children from Sexual Offences Act against four men in a molestation case eight years after the FIR was filed and when the trial was near completion. The court said the investigating agency as well as prosecution prima facie failed to discharge their …

Trial Court Erred In Closing Evidence Upon Refusal Of Accused's Counsel To Enter Appearance: Rajasthan HC Sets Aside POCSO Conviction
3 months, 2 weeks ago

Trial Court Erred In Closing Evidence Upon Refusal Of Accused's Counsel To Enter Appearance: Rajasthan HC Sets Aside POCSO Conviction

Live Law  

Rajasthan High Court has set aside the conviction of a man convicted by the Special POCSO Court on the grounds that when the appellant's counsel refused to appear, instead of appointing an Amicus Curiae at that instance, the trial court closed the evidence. It was contended by the Amicus Curiae on behalf of the appellant that on account of trial …

Victim Accompanying Accused To Crowded Place Without Raising Alarm, No Injury On Body- Denotes Consensual Relationship: Punjab & Haryana HC
3 months, 2 weeks ago

Victim Accompanying Accused To Crowded Place Without Raising Alarm, No Injury On Body- Denotes Consensual Relationship: Punjab & Haryana HC

Live Law  

The Punjab and Haryana High Court has acquitted a man convicted for committing aggravated sexual penetrative assault under Protection of Children from Sexual Offences Act, observing that the prosecutrix sat as a pillion rider with accused in a crowded place and did not raise alarm- which denotes that the relationship was "entirely consensual".Justice Sureshwar Thakur and Justice. The Punjab and …

Karnataka HC To Consider Whether POCSO Act Is Gender Neutral Or Not, Stays Proceedings Against Woman Accused Of Sexually Assaulting Minor
3 months, 3 weeks ago

Karnataka HC To Consider Whether POCSO Act Is Gender Neutral Or Not, Stays Proceedings Against Woman Accused Of Sexually Assaulting Minor

Live Law  

While staying further proceedings in a POCSO Act case registered against a 52-year-old woman on a complaint by the parents of a minor boy, the Karnataka High Court on Wednesday orally said that considering the case was against a woman it would have to lay down whether the law is gender neutral or not. Senior Advocate Hashmath Pasha appearing for …

Actress who accused Malayalam star Mukesh of rape withdraws complaint, says no 'support and protection from government'
Trending News
3 months, 3 weeks ago

Actress who accused Malayalam star Mukesh of rape withdraws complaint, says no 'support and protection from government'

Hindustan Times  

A 51-year-old Malayalam actress who had levelled sexual abuse allegations against several male actors, including CPI MLA M Mukesh, on Friday said she was not keen on pursuing her complaints due to "lack of support and protection from the Kerala government". Malayalam actor and MLA, Mukesh, was accused of sexual abuse by a female actor The complainant also alleged "carelessness" …

POCSO Act | Child Victim Of Traumatic Sexual Assault Must Not Be Repeatedly Called To Testify In Court : Supreme Court
6 months, 2 weeks ago

POCSO Act | Child Victim Of Traumatic Sexual Assault Must Not Be Repeatedly Called To Testify In Court : Supreme Court

Live Law  

Recently, the Supreme Court dismissed the plea of an accused in a case under the Protection of Children from Sexual Offences Act of 2012 seeking recall of the victim under Section 311 of CrPC who was already cross-examined by the defence.The Court said that once the defence was granted ample opportunities to cross-examine the victim than the victim could not …

[S. 33(2) POCSO Act] Mode Of Examination Through Intermediary Remains Unchanged Even If Victim Attains Majority During Trial: Kerala HC
7 months, 2 weeks ago

[S. 33(2) POCSO Act] Mode Of Examination Through Intermediary Remains Unchanged Even If Victim Attains Majority During Trial: Kerala HC

Live Law  

The Kerala High Court has held that the mode of examining a victim through the Special Court in a POCSO case as per Section 33 of the POCSO Act remains unchanged even if the victim attains the age of majority during the trial. Section 33 of the POCSO Act mandates that the Special Public Prosecutor or the defence counsel shall …

POCSO Act Often Misused To Settle Personal Scores, Even In Matrimonial Disputes False Accusations Made To Deny Custody To Father: Kerala HC
8 months, 1 week ago

POCSO Act Often Misused To Settle Personal Scores, Even In Matrimonial Disputes False Accusations Made To Deny Custody To Father: Kerala HC

Live Law  

The Kerala High Court has cautioned the Police officers as well as Courts to be vigilant against people with ill motivations who misuse the provisions of Prevention of Children from Sexual Offences Act to settle personal scores. Even in matrimonial disputes, it said, minor children are used for alleging POCSO offences so the father of the child would not get …

[S. 33(5) POCSO Act] Child Witness Cannot Be Recalled To Fill Up Lacuna And Omission In Evidence Of Accused: Kerala High Court
9 months, 3 weeks ago

[S. 33(5) POCSO Act] Child Witness Cannot Be Recalled To Fill Up Lacuna And Omission In Evidence Of Accused: Kerala High Court

Live Law  

The Kerala High Court held that a child witness cannot be recalled for cross-examination by the accused to fill the lacuna or omission in their case as per Section 33 of the Protection of Children from Sexual Offences Act, 2012. However, in such cases, it should be established that such recalling is absolutely necessary for the just decision of the …

Delhi court defers decision on Pocso case against Brij Bhushan Singh
1 year ago

Delhi court defers decision on Pocso case against Brij Bhushan Singh

New Indian Express  

NEW DELHI: Delhi’s Patiala House Court on Saturday deferred its decision on the case against former Wrestling Federation of India chief Brij Bhushan Singh in connection with a case under Protection of Children from Sexual Offences Act of which the Delhi Police filed a cancellation report last year. On June 15, the police had filed a report before the court …

POCSO Case Initiated Because Engagement Was Called Off: Kerala High Court Quashes Case Upon Noting Subsequent Reconciliation & Marriage Of Parties
1 year, 2 months ago

POCSO Case Initiated Because Engagement Was Called Off: Kerala High Court Quashes Case Upon Noting Subsequent Reconciliation & Marriage Of Parties

Live Law  

The Kerala High Court recently quashed proceedings under the Protection of Children from Sexual Offences Act and the Indian Penal Code against a man alleged to have sexually abused the victim. Justice Gopinath P. noted that the allegations against the petitioner accused had been launched following his withdrawal from marriage with the victim, after the engagement ceremony. Justice Gopinath P. …

POCSO Act | Punjab & Haryana High Court Upholds Convict's Life Sentence Based On Solely Testimony Of 13-Yr Old Victim
1 year, 3 months ago

POCSO Act | Punjab & Haryana High Court Upholds Convict's Life Sentence Based On Solely Testimony Of 13-Yr Old Victim

Live Law  

Basing the proof of charge on solitary, unblemished testimony of the victim, the Punjab & Haryana High Court upheld conviction and life imprisonment of a man for committing rape upon a 13-year old girl in Haryana. The Division Bench of Justice Sureshwar Thakur and Justice Kuldeep Tiwari rejected the contention that testimony of the victim lost credibility because her mother …

Delhi High Court Directs Registrar To Seek Explanation From Trial Court Judge For Passing Non-Reasoned Order Granting Bail To POCSO Accused
1 year, 6 months ago

Delhi High Court Directs Registrar To Seek Explanation From Trial Court Judge For Passing Non-Reasoned Order Granting Bail To POCSO Accused

Live Law  

The Delhi High Court has directed its Registrar to seek an explanation from a trial court judge for passing a “non-reasoned” order granting bail to a POCSO accused. “The Registrar of this Court is directed to seek explanation on the administrative side from the concerned Judge, as to the reasons for passing the non-reasoned impugned order, report whereof shall. “The …

POCSO Act is a gender-neutral legislation: Delhi High Court
1 year, 7 months ago

POCSO Act is a gender-neutral legislation: Delhi High Court

The Hindu  

The Delhi High Court has said that the POCSO Act is a gender-neutral legislation while rejecting an assertion that the law is being "misused" as it is a "gender based" enactment. Justice Swarana Kanta Sharma took exception to the submission made by an accused under the Protection of Children from Sexual Offences Act seeking to cross-examine the victim again before …

POCSO Act Is Gender Neutral, Misleading To Argue ‘It Is Gender-Based Legislation And Is Being Misused’: Delhi High Court
1 year, 7 months ago

POCSO Act Is Gender Neutral, Misleading To Argue ‘It Is Gender-Based Legislation And Is Being Misused’: Delhi High Court

Live Law  

The Delhi High Court has observed that the Protection of Children from Sexual Offences Act, 2012, is a gender-neutral legislation and that it is insensitive to argue that the law is being misused.While dealing with a POCSO case where the accused submitted that the enactment is a gender-based law and therefore is being misused, Justice Swarana Kanta Sharma said:“To say …

Accused’s Right To Cross Examine Witness At More Higher Pedestal Under POCSO Act In View Of Harsh Punishment For Offences: Delhi High Court
1 year, 8 months ago

Accused’s Right To Cross Examine Witness At More Higher Pedestal Under POCSO Act In View Of Harsh Punishment For Offences: Delhi High Court

Live Law  

The Delhi High Court has observed that the right of an accused to cross examine a witness is at a “higher pedestal” under the POCSO Act in view of the serious nature of offences and harsh punishment prescribed under the statute. While granting an accused the opportunity to cross examine a prosecution witness in a POCSO case, Justice Tushar Rao …

[POCSO Act] When “Ring Of Truth” Found In Victim's Story, Her Non-Examination By Police Is Of No Consequence: Calcutta High Court
1 year, 8 months ago

[POCSO Act] When “Ring Of Truth” Found In Victim's Story, Her Non-Examination By Police Is Of No Consequence: Calcutta High Court

Live Law  

The Calcutta High Court has recently upheld the conviction of a boy who allegedly “pawed” at a minor girl while she was accompanied by her mother in a public area. A single-judge bench of Justice Siddhartha Roy Chowdhury upheld the conviction on the basis on the minor’s testimony and noted that non-examination of the victim by the Police would be …

S.33(5) POCSO Act Does Not Mean Accused Will Not Be Given Any Opportunity To Cross- Examine Prosecutrix: Karnataka High Court
2 years ago

S.33(5) POCSO Act Does Not Mean Accused Will Not Be Given Any Opportunity To Cross- Examine Prosecutrix: Karnataka High Court

Live Law  

The Karnataka High Court has set aside an order passed by the Special Court which rejected the application made by an accused being tried under the provisions of the Protection of Children from Sexual Offences Act, to recall the prosecutrix from cross-examination. A single judge bench of Justice K Natarajan observed, “Of course, as per Section 33 of the POCSO …

Delhi HC Seeks Centre's Stand on Plea Against Mandatory Reporting of POCSO Offences
2 years ago

Delhi HC Seeks Centre's Stand on Plea Against Mandatory Reporting of POCSO Offences

News 18  

The Delhi High Court on Tuesday sought the Centre’s stand on a plea against the provisions of POCSO Act pertaining to mandatory reporting of sexual offences against minors to police. A bench of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad issued notice on the petition by lawyer Harsh Vibhore Singhal who sought ”judicial invalidation” of sections 19, 21 …

[POCSO Act] Alleged Victim's Sole Testimony If Found Reliable Can Be Used To Decide Whether Case For Conviction Made Out Or Not: Meghalaya HC
2 years, 1 month ago

[POCSO Act] Alleged Victim's Sole Testimony If Found Reliable Can Be Used To Decide Whether Case For Conviction Made Out Or Not: Meghalaya HC

Live Law  

The Meghalaya High Court on Tuesday observed that the statement of an alleged victim girl in a POSCO case has a telling effect with regard to the fate of the criminal case as the sole testimony of a reliable witness, more so, when alleged victim of sexual assault will persuade and convince the court as to whether a case has …

POCSO Act | Accused Has Statutory Right To Cross Examine Victim But Questions Should Not Reveal Her Identity: Gujarat High Court
2 years, 1 month ago

POCSO Act | Accused Has Statutory Right To Cross Examine Victim But Questions Should Not Reveal Her Identity: Gujarat High Court

Live Law  

The Gujarat High Court has made it clear that though an accused under the POCSO Act has the right to cross examine the victim, the questions asked by the defence cannot be such that reveal her identity during the trial.Justice Ilesh J. Vora observed that Section 33 cast a duty upon the Court to ensure that the identity of the …

Presence of POCSO victims during bail hearings has adverse impact on their psyche: Delhi HC
2 years, 2 months ago

Presence of POCSO victims during bail hearings has adverse impact on their psyche: Delhi HC

The Hindu  

The Delhi High Court has reminded the judicial officers, public prosecutors and the police to be mindful of the “adverse impact on the psyche” of child victims of sexual offences when insisting for appearance of the victim in the court at the time of arguments. The judge’s observation came after the Delhi State Legal Service Authority brought up the issue …

POCSO victims should not be asked to be present and face the accused person during bail hearings: Delhi HC
2 years, 2 months ago

POCSO victims should not be asked to be present and face the accused person during bail hearings: Delhi HC

Op India  

The Delhi High Court issued a series of directions to help reduce the trauma of POCSO victims, including hybrid and in-chamber hearings, after noting that many of these victims were being invariably made to face their alleged tormentors when they appear physically or virtually in court for bail application hearings of the accused. The bench of Justice Jasmeet Singh in …

‘Has Adverse Impact On Victim’s Psyche’: Delhi High Court Issues Guidelines On Presence Of POCSO Victims During Bail Hearings
2 years, 2 months ago

‘Has Adverse Impact On Victim’s Psyche’: Delhi High Court Issues Guidelines On Presence Of POCSO Victims During Bail Hearings

Live Law  

The Delhi High Court has issued a slew of directions regarding the presence of POCSO victims during bail hearings, observing that the same has an adverse impact on the psyche of the victim. The court directed that the concerned IO shall ensure timely service of notice of bail application on the victim so that she gets reasonable amount of time …

[POCSO Act] MP High Court Upholds Closure Of Rights Of Accused To Cross-Examine Prosecutrix Owing To Their Dilatory Tactics
2 years, 3 months ago

[POCSO Act] MP High Court Upholds Closure Of Rights Of Accused To Cross-Examine Prosecutrix Owing To Their Dilatory Tactics

Live Law  

The Madhya Pradesh High Court, Gwalior Bench recently upheld the decision of the trial court to close the rights of the accused in POCSO case noting that they were indulging in dilatory tactics to defer the minor Prosecutrix from testifying. Ahluwalia observed that their behavior before the lower court manifested an oblique motive to defeat the purpose of criminal trial- …

Whether Victims Of Sexual Offences Required To Be Impleaded As Party-Respondent In Bails And Appeals? Delhi High Court Asks Registry To Clarify
2 years, 3 months ago

Whether Victims Of Sexual Offences Required To Be Impleaded As Party-Respondent In Bails And Appeals? Delhi High Court Asks Registry To Clarify

Live Law  

The Delhi High Court has asked its Registry to clarify whether there is any judicial decision or practice directions that require impleadment of victims or prosecutrix as a respondent in bails or criminal appeals relating to sexual offences under the IPC or POCSO Act. Justice Anup Jairam Bhambhani said the identity of victim or prosecutrix is supposed to be protected …

16-18 Year Olds In Romantic Relationships Know What They're Doing, Why Should We Prosecute Them: Justice Madan Lokur On POCSO Cases
2 years, 3 months ago

16-18 Year Olds In Romantic Relationships Know What They're Doing, Why Should We Prosecute Them: Justice Madan Lokur On POCSO Cases

Live Law  

Justice Madan B. Lokur, former judge of the Supreme Court, on Saturday said that there is a need for evolving a separate procedure for children while dealing with POCSO cases and also for the judiciary to engage in the process of case management to expedite decisions in such matters.Justice Lokur was speaking at an event organized by Delhi Commission for …

Accused Must Not Be Forced To Face POCSO Trial If Victim Was Major: Delhi HC Asks UIDAI To Furnish Prosecutrix's DoB Record
2 years, 4 months ago

Accused Must Not Be Forced To Face POCSO Trial If Victim Was Major: Delhi HC Asks UIDAI To Furnish Prosecutrix's DoB Record

Live Law  

Hearing a bail plea of a rape accused, who is also facing charges under the Protection of Children from Sexual Offences Act, the Delhi High Court has directed the Unique Identification Authority of India to furnish details of the victim's date of birth as per the records relating to her Aadhar card.The court passed the order after the accused claimed …

PIL seeks speedy trial of POCSO cases, Bombay HC asks petitioner to approach ad-hoc committee
2 years, 5 months ago

PIL seeks speedy trial of POCSO cases, Bombay HC asks petitioner to approach ad-hoc committee

India Today  

A plea was filed in Bombay High Court seeking directions to special courts under Protection of Children under Sexual Offences Act in Mumbai to record statements of minor victims within two months. Apart from expeditious disposal of POCSO cases, the petitioner also sought direction to record evidence of all victims in all POCSO matters within 30 days of court taking …

'Directions May Be Passed On Administrative Side': Bombay High Court On PIL For Timely Recording Of POCSO Victim's Testimony
2 years, 5 months ago

'Directions May Be Passed On Administrative Side': Bombay High Court On PIL For Timely Recording Of POCSO Victim's Testimony

Live Law  

The Bombay High Court on Monday directed a public interest litigant, who was seeking proper enforcement of POCSO Act, to approach the High Court Committee on POCSO matters, with his suggestions.The petition particularly sought directions to the Special Courts to ensure that the testimony of the minor victim is recorded within one month, as per Section 35 of the POCSO …

"Stop Salaries Of Prosecutor, IO Till Witnesses Are Examined": PH High Court Slams Prosecution's 'Casual' Approach In A POCSO Trial
2 years, 6 months ago

"Stop Salaries Of Prosecutor, IO Till Witnesses Are Examined": PH High Court Slams Prosecution's 'Casual' Approach In A POCSO Trial

Live Law  

The Punjab and Haryana High Court recently issued a direction to stop the salary of a public prosecutor and an investigating officer after it noted that the prosecution had been 'casual' in their approach to conducting the trial in a POCSO Case. "Since the Public Prosecutor and the Investigating Officer of the case have not performed their duties with due …

Himachal Pradesh High Court Issues Directions To POCSO Courts For Protection Of Identity Of Rape, Sexual Offence Victims
2 years, 6 months ago

Himachal Pradesh High Court Issues Directions To POCSO Courts For Protection Of Identity Of Rape, Sexual Offence Victims

Live Law  

The Himachal Pradesh High Court recently issued certain directions to the Special POCSO Courts so as to ensure that the identity of the child victim shall not be disclosed, at any time, during the course of investigation or trial.The bench of Justice Tarlok Singh Chauhan and Justice Virender Singh issued these directions while dealing with an appeal preferred by the …

POCSO Act Casts Burden Of Proof Upon Accused, Application U/S 311 CrPC To Summon Material Witnesses Should Ordinarily Be Allowed: Karnataka HC
2 years, 7 months ago

POCSO Act Casts Burden Of Proof Upon Accused, Application U/S 311 CrPC To Summon Material Witnesses Should Ordinarily Be Allowed: Karnataka HC

Live Law  

In connection with a trial under the POCSO Act, the Karnataka High Court has said that an application made by the accused under Section 311 of the CrPC for summoning of material witnesses should be ordinarily permitted unless the Court comes to a conclusion that it is a ruse to drag the proceedings or permitting it, would become an abuse …

POCSO victim should not be traumatised again by having to relive incident in court: Delhi High Court
2 years, 7 months ago

POCSO victim should not be traumatised again by having to relive incident in court: Delhi High Court

Firstpost  

Justice Jasmeet Singh noted that arguments in court proceedings include assertions doubting the victim’s integrity and character while she is forced to be present in the same space as the person who has allegedly violated her New Delhi: A minor victim of sexual offence suffers grave psychological impact by being present during court proceedings and it is in her interest …

Karnataka High Court Issues Directions To Ensure Victim Is Given Notice Of All Bail Proceedings Concerning POCSO Cases
3 years ago

Karnataka High Court Issues Directions To Ensure Victim Is Given Notice Of All Bail Proceedings Concerning POCSO Cases

Live Law  

The Karnataka High Court recently issued directions for the effective implementation of the Protection of Children From Sexual Offences Act 2012, and the Protection of Children from Sexual Offences Rules, 2020, particularly in cases where the accused were to move the Court for grant of bail. Following directions were issued by the court: 1: The Investigation officer or the SJPU …

Victim Protection Scheme In The State Only Exists On Paper: Kerala High Court Voices Concern Amid Rising POCSO Cases
3 years, 5 months ago

Victim Protection Scheme In The State Only Exists On Paper: Kerala High Court Voices Concern Amid Rising POCSO Cases

Live Law  

The Kerala High Court on Tuesday was alarmed by the increasing number of cases registered under the Protection of Children from Sexual Offences Act in the State and the absence of a procedure to protect children from these offences or threats from the perpetrators.Justice Devan Ramachandran while hearing a plea raised by a victim and her mother seeking police protection …

POCSO- "Right Of Minor Victims To Participate In The Judicial Process"- Bombay High Court Issues Guidelines
3 years, 11 months ago

POCSO- "Right Of Minor Victims To Participate In The Judicial Process"- Bombay High Court Issues Guidelines

Live Law  

The Bombay High Court on Thursday issued guidelines for the effective implementation of the Protection of Children from Sexual Offences Act and To ensure the right of a child victim to participate in the in the Judicial process is protected. A Bench of Chief Justice Dipankar Datta and Justice GS Kulkarni, among other instructions, directed the Special Juvenile Police Unit …

How Special Are The Special Courts Under POCSO Act: Need To Exercise Suo-Moto Jurisdiction In Granting Interim Compensation?
3 years, 11 months ago

How Special Are The Special Courts Under POCSO Act: Need To Exercise Suo-Moto Jurisdiction In Granting Interim Compensation?

Live Law  

Hovering over a pertinent question as to when shall we be able to joyfully celebrate the Children's Day in our country, when the tribulations of sensitive souls are haunting our minds with unfortunate innumerable instances of abuse and assault being committed incessantly against the children with no abatement in sight. One may not have any real choice but to move …

4 Shocking POCSO Orders By One Judge. But Is The Problem Bigger?
4 years, 1 month ago

4 Shocking POCSO Orders By One Judge. But Is The Problem Bigger?

The Quint  

The interpretation offered by her was swiftly condemned for having no basis in the wording of the law, and indeed going against the entire spirit of a law meant to address the seriousness of child sexual assault. When the judgment was brought to the Supreme Court’s notice a day later by the Attorney General, Chief Justice of India SA Bobde …

'She Has Vividly Described Her Love Relationship With Accused' : Bombay High Court Acquits Man Accused Of Raping Minor Girl
4 years, 1 month ago

'She Has Vividly Described Her Love Relationship With Accused' : Bombay High Court Acquits Man Accused Of Raping Minor Girl

Live Law  

The Nagpur Bench of the Bombay High Court has set aside the conviction and sentence of a 27 years old driver, accused of raping a minor girl on the ground that her testimony did not inspire confidence.The prosecutrix was aged 17 years and 9 months on the date of crime.The trial court had sentenced the accused to 10 years rigorous …

POCSO-Victims Entitled To Receive Information About Court Proceedings Including Status Of Bail Of Accused: J&K HC
4 years, 2 months ago

POCSO-Victims Entitled To Receive Information About Court Proceedings Including Status Of Bail Of Accused: J&K HC

Live Law  

The Jammu and Kashmir High Court has held that victims are entitled to receive most appropriate information of the proceedings which would include the status of the accused including his/her bail, temporary release, parole or pardon, escape, absconding from justice or death. As per Guideline 2.2 contained therein, Children have the right to information about the case in which they …

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