Touching cheeks of minor without sexual intent not sexual assault: Bombay HC
3 years, 7 months ago

Touching cheeks of minor without sexual intent not sexual assault: Bombay HC

India Today  

The Bombay High Court while granting bail to a man accused of inappropriately touching a minor girl said touching the cheeks without sexual intent is not sexual assault under the Protection of Children from Sexual Offences Act. "In my view, touching the cheeks without a sexual intent would not attract the offence of ‘sexual assault’, as defined under Section 7 of the Pocso Act," said Justice Sandeep K Shinde of the Bombay High Court while granting bail to an accused who had been in custody since July 2020. Section 7 of the POCSO Act states whoever with sexual intent touches the private parts of the child or makes the child touch the private part of such person or any other person, or does any other act with sexual intent which involves physical contact without penetration is said to commit sexual assault. Justice Shinde said, "Primary evaluation of the material on record does not suggest, applicant allegedly touched the cheeks of the victim with a sexual intent."

Sexual Assault Accused Bombay Sexual Intent  accused  bombay  assault  hc  shinde  case  bail  touching  sexual  intent  cheeks  court  minor  pocso

History of this topic

‘Grabbing breasts, breaking pyjama string not attempt to rape but…’: Allahabad HC
2 weeks ago

‘Grabbing breasts, breaking pyjama string not attempt to rape but…’: Allahabad HC

Live Mint  

The Allahabad High Court recently altered the charges against two “rape” accused, calling their crime not an attempt to rape but “aggravated sexual assault”. However, the high court, instead, directed that the accused be tried under the minor charge of Section 354-B IPC read with Sections 9/10 of the POCSO Act. The Allahabad High Court observed that grabbing the breasts …

Grabbing minor's breasts, breaking pyjama's string not attempt to rape: Allahabad High Court
2 weeks ago

Grabbing minor's breasts, breaking pyjama's string not attempt to rape: Allahabad High Court

India TV News  

Grabbing minor's breasts, breaking pyjama's string not attempt to rape: Allahabad High Court The Allahabad High Court was hearing a case of an 11-year-old girl who was sexually assaulted by two men in Uttar Pradesh in 2021. Grabbing a minor girl's breasts, breaking her pyjama strings and trying to drag her beneath the culvert does not constitute rape or an …

Pressing lips without sexual intent not Pocso offence: Delhi HC
3 weeks, 5 days ago

Pressing lips without sexual intent not Pocso offence: Delhi HC

Hindustan Times  

The Delhi high court has said that the act of touching, pressing lips, or lying down next to a minor girl in the absence of sexual intent will not amount to aggravated sexual assault under the Protection of children from Sexual Offences Act. “The act of touching and pressing lips or lying down next to the victim, though may result …

Pressing minor’s lips not always Pocso offence: Delhi HC
3 weeks, 5 days ago

Pressing minor’s lips not always Pocso offence: Delhi HC

New Indian Express  

NEW DELHI: The Delhi High Court has held that pressing the lips of a minor or lying close to her may constitute an offence of outraging modesty under the Indian Penal Code, but does not necessarily amount to aggravated sexual assault under the Protection of Children from Sexual Offences Act unless accompanied by overt sexual intent. Justice Swarana Kanta Sharma, …

Pressing, touching minor’s lips without sexual advances not ‘aggravated sexual assault’: Delhi High Court
Trending News
3 weeks, 5 days ago

Pressing, touching minor’s lips without sexual advances not ‘aggravated sexual assault’: Delhi High Court

The Hindu  

The Delhi High Court has said in the absence of sexually motivated advances, touching and pressing the minor girl’s lips and sleeping next to her cannot attract prosecution for “aggravated sexual assault” under the Protection of Children from Sexual Offences Act. Justice Swarana Kanta Sharma observed the acts might violate her dignity and outrage her modesty but without “overt or …

[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
3 weeks, 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 …

Complaint By Men Against Women Not Gospel Truth: Kerala HC Grants Bail To Mother Accused Of Sexually Abusing Breast-Feeding Daughter
4 weeks, 1 day ago

Complaint By Men Against Women Not Gospel Truth: Kerala HC Grants Bail To Mother Accused Of Sexually Abusing Breast-Feeding Daughter

Live Law  

The Kerala High Court recently allowed the bail application of a woman who was accused by her husband of committing aggravated sexual assault on their one-and-half-year old daughter. “In the order dated 24.02.2025, in B.A No.2241 of 2025, this Court observed that, there cannot be any unilateral investigation based on the complaint of a lady, treating it as gospel truth. …

Bombay High Court grants bail to mother accused of sexually assaulting own child
1 month, 1 week ago

Bombay High Court grants bail to mother accused of sexually assaulting own child

India Today  

The Bombay High Court has granted bail to a 28-year-old mother accused of severely abusing and sexually assaulting her five-year-old son, observing that no mother would beat her own child, as alleged in the case. He pointed out that the woman had taken the child to multiple hospitals for treatment, demonstrating that she had done everything possible to provide the …

Minor girl well aware of 'bad touch', says HC; refuses to quash ex-Army officer's imprisonment
1 month, 2 weeks ago

Minor girl well aware of 'bad touch', says HC; refuses to quash ex-Army officer's imprisonment

The Hindu  

The Bombay High Court has refused to quash a court martial order sentencing a former Lieutenant Colonel to five years' imprisonment for sexually assaulting an 11-year-old girl, noting the victim was well aware of the "bad touch". The girl's demonstration in court regarding the specific manner in which the accused behaved with her once her father left the room was …

A Minor Rape Survivor In Our Country Would Rather Suffer Silently Than Falsely Implicate Someone: Allahabad High Court
1 month, 4 weeks ago

A Minor Rape Survivor In Our Country Would Rather Suffer Silently Than Falsely Implicate Someone: Allahabad High Court

Live Law  

Denying bail to a man accused of raping a minor girl, the Allahabad High Court has recently observed that in our country, a minor girl, who is a victim of sexual aggression, would rather suffer silently than implicate somebody falsely. A bench of Justice Sanjay Kumar Singh said that the Court must keep in mind while appreciating the evidence of …

Sexual assault of children by trusted persons frequent: Delhi HC
2 months, 1 week ago

Sexual assault of children by trusted persons frequent: Delhi HC

Hindustan Times  

New Delhi, The Delhi High Court has denied bail to a man accused of sexually assaulting his minor neighbour and said sexual assault among children by trusted persons was frequent. Sexual assault of children by trusted persons frequent: Delhi HC Justice Swarana Kanta Sharma made the observation while denying bail to the man accused of sexual harassment and aggravated sexual …

Child Sexual Abuse Cases Within Families Raise Serious Concerns
2 months, 1 week ago

Child Sexual Abuse Cases Within Families Raise Serious Concerns

Deccan Chronicle  

Hyderabad: Child sexual abuse within families remains a serious concern despite stringent punishments under the Protection of Children from Sexual Offences Act. "Half of the Pocso cases involve family members, mainly fathers or uncles," additional public prosecutor Ram Reddy told Deccan Chronicle. Meanwhile, Dr. Manchala Hrishikesh Giri Prasad, associate professor, department of child psychiatry, Niloufer Hospital, while speaking about the …

‘Physical relations’ cannot automatically mean sexual assault, rules Delhi High court
3 months ago

‘Physical relations’ cannot automatically mean sexual assault, rules Delhi High court

Hindustan Times  

The Delhi high court has acquitted a man in a Protection of Children from Sexual Offences Act case, saying that the use of phrase ‘physical relations’ by the minor survivor cannot automatically mean sexual assault, PTI reported. The bench observed that it was unclear how the trial court concluded that there was any sexual assault when the minor survivor had …

'Physical relations' cannot automatically mean sexual assault: Delhi High Court
Top News
3 months ago

'Physical relations' cannot automatically mean sexual assault: Delhi High Court

India Today  

The Delhi High Court has acquitted a man in a POCSO case, saying the use of phrase 'physical relations' by the minor survivor cannot automatically mean sexual assault. The court asserted that the leap from physical relations or 'samband' to sexual assault and then to penetrative sexual assault must be established by evidence and cannot be deduced as an inference. …

Child's Testimony Can't Be Brushed Aside, Punjab & Haryana HC Upholds Teacher's Conviction For Sexually Assaulting Student In School
3 months, 4 weeks ago

Child's Testimony Can't Be Brushed Aside, Punjab & Haryana HC Upholds Teacher's Conviction For Sexually Assaulting Student In School

Live Law  

The Punjab and Haryana High Court has upheld the conviction of a school teacher for sexually assaulting a class 8th student under Protection of Children from Sexual Offences Act, 2012, while noting that the "occurrence took place in school premises. "Justice Amarjot Bhatti said, "as per facts of the case, it is fully covered under the provisions of Section 9 …

Physical Contact With Sexual Intent Without Penetration Is Sexual Assault U/S 7 POCSO Act: Kerala High Court
4 months, 1 week ago

Physical Contact With Sexual Intent Without Penetration Is Sexual Assault U/S 7 POCSO Act: Kerala High Court

Live Law  

The Kerala High Court has held that any overt act which involves a physical contact with sexual intent constitutes 'sexual assault', even if there is no penetration. Justice A. Badharudeen noted that under Section 7 of POCSO Act, which defines 'sexual assault', includes within its ambit any other act which involves physical contact with sexual intent. The High Court confirmed …

Chandigarh: Madrasa teacher held for sexually assaulting minor boy
6 months ago

Chandigarh: Madrasa teacher held for sexually assaulting minor boy

Hindustan Times  

A 24-year-old teacher at a madrasa in Manimajra was arrested on Friday for allegedly sexually assaulting a 13-year-old student. {{^userSubscribed}} {{/userSubscribed}} {{^userSubscribed}} {{/userSubscribed}} Police said during school hours, the teacher called the boy and asked him to massage his legs, following which, he touched him inappropriately. {{^usCountry}} {{/usCountry}} The accused has been charged under the Protection of Children from Sexual …

Six-year-old boy sexually assaulted by neighbour; locals attack cops, accused
6 months, 4 weeks ago

Six-year-old boy sexually assaulted by neighbour; locals attack cops, accused

New Indian Express  

NEW DELHI: A 6-year-old boy was “inappropriately touched” by his 35-year-old neighbour following which the police have lodged a sexual assault case under POCSO provisions and arrested the accused, an official said on Wednesday. While arresting the accused, identified as Balram Dass alias Kalu, from the victim’s neighbourhood and bringing him to the police station, a large mob, also comprising …

Badlapur sexual assault case: Maharashtra Bandh to FIR against school for not complying with POCSO Act
7 months, 1 week ago

Badlapur sexual assault case: Maharashtra Bandh to FIR against school for not complying with POCSO Act

Live Mint  

Badlapur sexual assault case: An FIR against the school authorities, for not complying with the provisions of section 19 of the POCSO Act, in connection with the alleged sexual assault of two fourth-grade girls at a school in Badlapur, Maharashtra. The SIT in the case said, “FIR registered against the school authorities for not complying to the provisions of section …

Badlapur assault case: SIT registers FIR against school authorities
7 months, 1 week ago

Badlapur assault case: SIT registers FIR against school authorities

Op India  

The special investigation team for Badlapur sexual assault against minors has registered an FIR against the school authorities, for not complying with the provisions of section 19 of the POCSO Act which mandates that every authority when they come to know about any such kind of sexual assault against minors are obligated to report this to police authorities for further …

HC: Badlapur sexual assault shocking, there cannot be a compromise on safety, security of girls
7 months, 1 week ago

HC: Badlapur sexual assault shocking, there cannot be a compromise on safety, security of girls

Deccan Chronicle  

Mumbai: The Bombay High Court on Thursday called the sexual assault on two minor girls at their school in Badlapur 'absolutely shocking' and said that there cannot be any compromise on the safety and security of girls. The court had taken suo motu cognisance of the incident where two four-year-old girls were sexually assaulted inside the school's washroom at Badlapur …

Woman can also commit penetrative sexual assault in Pocso cases: Delhi HC
7 months, 3 weeks ago

Woman can also commit penetrative sexual assault in Pocso cases: Delhi HC

Hindustan Times  

The Delhi high court on Friday held that the offence of penetrative sexual assault under the Protection of Children from Sexual Offences Act can also be invoked against a woman. The court expanded the ambit of the provision while dealing with a plea filed by a woman challenging a city court’s March 2024 order of framing charges of penetrative sexual …

[POCSO] Bombay High Court Grants Interim Relief To Man Booked For Allegedly Making Child Record Sexual Activity Between Him And The Child's Mother
8 months, 3 weeks ago

[POCSO] Bombay High Court Grants Interim Relief To Man Booked For Allegedly Making Child Record Sexual Activity Between Him And The Child's Mother

Live Law  

The Bombay High Court recently granted interim anticipatory bail to a man booked under the Protection of Children from Sexual Offences Act, 2012 for allegedly making a child record sexual activity between him and the child's mother. As long as the applicant does not contact the victim child and co-operates with the investigation, this Court is inclined to consider granting …

Bombay HC Grants Bail to POCSO Accused Without Prima Facie Sexual Intent
9 months, 1 week ago

Bombay HC Grants Bail to POCSO Accused Without Prima Facie Sexual Intent

Live Law  

The Bombay High Court recently granted bail to a man booked for allegedly stripping three teenagers, inserting fingers in the anus, abusing them and assaulting them with a leather belt. “After going through the FIR and the allegations made in the FIR against the Applicant coupled with the material collected during investigation, prima facie nothing is brought on record to …

Man acquitted of sexually assaulting 13-year-old girl
9 months, 2 weeks ago

Man acquitted of sexually assaulting 13-year-old girl

Hindustan Times  

MUMBAI: A special Protection of Children from Sexual Offences Act court on Thursday acquitted a 28-year-old booked for sexually assaulting a 13-year-old girl in 2018. HT Image Additional sessions judge Kalana Patil observed that the prosecution failed to prove the charges under Section 8 of the POCSO Act and section 354 of the Indian Penal Code against the man. As …

Any Person Regardless Of Gender & Age Can Be Accused Under POCSO Act: Kerala High Court Refuses To Quash Case Against Minor
1 year ago

Any Person Regardless Of Gender & Age Can Be Accused Under POCSO Act: Kerala High Court Refuses To Quash Case Against Minor

Live Law  

The Kerala High Court has held that any person regardless of gender and age can be an accused under the Protection of Children from Sexual Offences Act, 2012.It thus refused to quash the proceedings pending under the Act against a minor. The Kerala High Court has held that any person regardless of gender and age can be an accused under …

S.19 POCSO Act Doesn't Obligate Doctor To "Investigate And Gather Knowledge" Of Sexual Assault To Report It To Police: Karnataka High Court
1 year, 1 month ago

S.19 POCSO Act Doesn't Obligate Doctor To "Investigate And Gather Knowledge" Of Sexual Assault To Report It To Police: Karnataka High Court

Live Law  

The Karnataka High Court has held that Sections 19 and 21 of the Protection of Children from Sexual Offences Act puts an obligation on a doctor to inform the relevant authorities when she/he has knowledge of an offence under the Act. The prosecution opposed the plea saying as the material placed on record by the prosecution do establish the knowledge …

School’s ‘Good Touch, Bad Touch’ lesson empowers girls to speak against uncle’s sexual assault
1 year, 3 months ago

School’s ‘Good Touch, Bad Touch’ lesson empowers girls to speak against uncle’s sexual assault

Hindustan Times  

Mumbai: A 35-year-old man has been booked for allegedly sexually assaulting his two nieces, aged 12 and 10. According to police officials, the accused would invite the girls to his home under the pretext of playing with his children and then allegedly engage in sexual assault. HT Image These acts came to light when the girls disclosed the incidents to …

Simple Touch Not ‘Manipulation’ For Penetrative Sexual Assault Under POCSO Act: Delhi High Court
1 year, 4 months ago

Simple Touch Not ‘Manipulation’ For Penetrative Sexual Assault Under POCSO Act: Delhi High Court

Live Law  

The Delhi High Court on Monday ruled that a simple act of touch cannot be considered as manipulation for the offence of penetrative sexual assault under Section 3 of the POCSO Act.Section 3 of the POCSO Act states that a person is said to commit "penetrative sexual assault" if he manipulates any part of the child’s body so as to …

Man gets 10-year jail term for sexually assaulting girl
1 year, 6 months ago

Man gets 10-year jail term for sexually assaulting girl

Hindustan Times  

Mumbai: A special POCSO court on Tuesday sentenced a 31-year-old man to ten years imprisonment for sexually assaulting a 13-year-old girl in February 2018 in Kurar Village, Malad East. HT Image The girl had gone to buy some grocery items when the accused took her to a secluded spot and sexually assaulted her, a police officer said, adding that the …

Madras High Court moves to treat sexual assault victims and accused with dignity
1 year, 7 months ago

Madras High Court moves to treat sexual assault victims and accused with dignity

The Hindu  

“Language is considered critical to the life of law. Taking its cue from it, the Madras High Court has embarked on an exercise to sensitise the police, government doctors and trial courts to the need to avoid findings such as the victim in a sexual assault case being a virgin or not and the hymen being intact or not in …

Undressing & Sleeping Over Minor Victim, Asking To Penetrate Her Private Part Amounts To ‘Sexual Assault’, Not Rape: Orissa High Court
1 year, 8 months ago

Undressing & Sleeping Over Minor Victim, Asking To Penetrate Her Private Part Amounts To ‘Sexual Assault’, Not Rape: Orissa High Court

Live Law  

The Orissa High Court has recently held that undressing a girl under the age of 12 years, sleeping over her and merely asking her to penetrate her private part with male organ of the accused does not amount to rape. or ‘penetrative sexual assault’ as defined in section 3 of the POCSO Act.” The Prosecution Case The victim was five …

No relief to woman booked for watching porn, indulging in sexual acts with lover in front of children
1 year, 9 months ago

No relief to woman booked for watching porn, indulging in sexual acts with lover in front of children

Hindustan Times  

MUMBAI: A sessions court in Panvel denied pre-arrest bail to a Navi Mumbai resident booked under sections of the POCSO Act for “sexually harassing” her children by watching porn and indulging in sexual acts with her lover while the minors were around. HT Image The Kharghar police have also charged the woman and her lover for locking the children – …

POCSO and the persecution of young love
1 year, 9 months ago

POCSO and the persecution of young love

The Hindu  

Shivani, a 16-year-old, first found out about the Protection of Children from Sexual Offences Act last year when her 17-year-old boyfriend mentioned in jest how he could be prosecuted for being physically intimate with her. Age of consent — distant from societal realities The Karnataka High Court last year urged the Law Commission of India to rethink the criteria for …

Ejaculation Not Necessary Pre-Requisite For Purpose Of Proving 'Penetrative Sexual Assault' Under POCSO Act: Andhra Pradesh High Court
1 year, 11 months ago

Ejaculation Not Necessary Pre-Requisite For Purpose Of Proving 'Penetrative Sexual Assault' Under POCSO Act: Andhra Pradesh High Court

Live Law  

Upholding the conviction of an accused in a case of rape, the Andhra Pradesh High Court said all that is required to prove the offence of ‘penetrative sexual assault’, defined under Section 3 of the POCSO Act is, mere penetration. The counsel for the accused contended that the trial court did not properly appreciate the medical evidence on record and …

Woman groped in public can’t be accused of obscenity: Court
1 year, 11 months ago

Woman groped in public can’t be accused of obscenity: Court

Hindustan Times  

MUMBAI: A woman groped in a public place or touched inappropriately on public transport cannot be charged with obscenity, the sessions court has observed. The court made this observation while rejecting an appeal filed by Mumbai police, challenging discharge of actress Shilpa Shetty Kundra from an obscenity case registered against her and American actor Richard Gere, who had kissed her …

Bombay High Court upholds 10-yr sentence of man who sexually assaulted girl-child
2 years ago

Bombay High Court upholds 10-yr sentence of man who sexually assaulted girl-child

India Today  

Holding that "a little girl of 3-½ years, who is not even introduced to her own organs, cannot be expected to give an exact description of her private parts," the Bombay High Court has upheld a 10-year sentence against a Mumbai man. READ | Bombay High Court allows anticipatory bail to police constable accused of rape On the afternoon of …

3.5 Yrs Old Girl Not Introduced To Own Organs, Not Expected To Give Exact Description Of Private Parts, Identify Accused From Photo: Bombay High Court
2 years ago

3.5 Yrs Old Girl Not Introduced To Own Organs, Not Expected To Give Exact Description Of Private Parts, Identify Accused From Photo: Bombay High Court

Live Law  

Observing that a three-year-old child cannot be expected to give an exact description of her private parts or identify the accused based on a photograph, the Bombay High Court upheld the 10 -year sentence of the child’s neighbour under the Protection of Children from Sexual Offences Act. “A little girl of 3 ½ years who is not even introduced to …

MP: Woman sentenced to 10 years in jail for sexually assaulting minor boy
2 years ago

MP: Woman sentenced to 10 years in jail for sexually assaulting minor boy

Hindustan Times  

A POCSO court in Madhya Pradesh’s Indore has sentenced a 24-year -old woman to 10 years in jail for allegedly sexually assaulting a minor boy. “This is the first case when a woman was found guilty under POCSO Act in Madhya Pradesh. The special court found the woman guilty under Section 5L/6 of the Protection of Children from Sexual Offences …

Bombay HC quashes sexual assault case under POCSO after minor girl's mother consents
2 years, 1 month ago

Bombay HC quashes sexual assault case under POCSO after minor girl's mother consents

India Today  

Noting that, "It will be contrary to the interest of justice to continue the criminal proceedings against the petitioner, a student," the Bombay High Court has quashed a case under the Protection Of Children against Sexual Offences Act against a 19-year-old. Noting the reasons cited in the consent application by the victim's mother, the court added that, "Both will equally …

Mumbai Court Convicts Man Under POCSO Act For Rubbing 100 Rupees Note On Minor's Lips, Making Derogatory Comment; Awards One Year Rigorous Imprisonment
2 years, 1 month ago

Mumbai Court Convicts Man Under POCSO Act For Rubbing 100 Rupees Note On Minor's Lips, Making Derogatory Comment; Awards One Year Rigorous Imprisonment

Live Law  

A Mumbai Court recently convicted a man for sexual harassment and outraging the modesty of a child after he cat called and rubbed a 100 rupee note on a 16-year-old girl’s lips. Special Judge under Protection of Children From Sexual Offences Act, 2012, SC Jadhav held, “Moving a note of Rs.100/­ on the lips of the victim and then uttering …

Supreme Court Yearly Digest 2022- POCSO Act
2 years, 1 month ago

Supreme Court Yearly Digest 2022- POCSO Act

Live Law  

Protection of Child from Sexual Offences Act, 2012 Protection of Children From Sexual Offences Act, 2012 - Any act of sexual assault or sexual harassment to the children should be viewed very seriously and all such offences of sexual assault, sexual harassment on the children have to be dealt with in a stringent manner - Cases of sexual assault or …

Bombay HC Grants Pre-Arrest Bail To Neighbour Booked Under SC/ST Act For Whistling, Says Making Sounds In His Own House Does Not Show Sexual Intent
2 years, 2 months ago

Bombay HC Grants Pre-Arrest Bail To Neighbour Booked Under SC/ST Act For Whistling, Says Making Sounds In His Own House Does Not Show Sexual Intent

Live Law  

The Bombay High Court recently granted anticipatory bail to three persons accused of committing atrocities against a member of a Scheduled Caste observing that mere creation of sound by accused in his own house cannot mean that it was with sexual intent. Therefore, even prima facie offence under Section 3 of the Atrocities Act cannot be said to be attracted”, …

POCSO| Judges Must Remember That Children May Use Different Vocabulary For Sex Abuse : CJI DY Chandrachud
2 years, 3 months ago

POCSO| Judges Must Remember That Children May Use Different Vocabulary For Sex Abuse : CJI DY Chandrachud

Live Law  

The Chief Justice of India Dr. D. Y. Chandrachud today gave a keynote speech at the inaugural ceremony of the two-days National Annual Stakeholders Consultation on Child Protection organised by the Supreme Court Committee on Juvenile Justice which is headed by Justice S. Ravindra Bhat.The Chief Justice of India started his address by quoting Nelson Mandela that, "There can be …

CJI Chandrachud urges Parliament to examine age of consent issue under Pocso Act
2 years, 3 months ago

CJI Chandrachud urges Parliament to examine age of consent issue under Pocso Act

India Today  

Chief Justice of India D Y Chandrachud on Saturday urged Parliament to consider the growing concern surrounding the issue of age of consent under the Protection of Children from Sexual Offences Act as it posed challenges for judges examining cases of consensual sex involving adolescents. "As you are no doubt aware, the Pocso Act criminalizes all sexual activity for those …

Mumbai court grants bail to 22-yr-old who was charged under POCSO
2 years, 4 months ago

Mumbai court grants bail to 22-yr-old who was charged under POCSO

India Today  

A Mumbai court has granted bail to a 22-year-old man who was charged under the Protection of Children from Sexual Offences Act. His alleged crime was refusing to get married to a minor girl, which was followed by a case of kidnapping and rape registered against him. In December 2020, the accused asked the girl to accompany him to Pune …

POCSO Act - Non-Reporting Of Sexual Assault Despite Knowledge Is A Serious Crime : Supreme Court
2 years, 5 months ago

POCSO Act - Non-Reporting Of Sexual Assault Despite Knowledge Is A Serious Crime : Supreme Court

Live Law  

The Supreme Court observed that non-reporting of sexual assault against a minor child despite knowledge is a serious crime.More often than not, it is an attempt to shield the offenders of the crime of sexual assault, the bench of Justices Ajay Rastogi and CT Ravikumar said while setting aside the Bombay High Court order that quashed criminal proceedings against a …

POCSO Act overrides personal laws on age for sexual activities: HC
2 years, 5 months ago

POCSO Act overrides personal laws on age for sexual activities: HC

The Hindu  

The substantive and special enactments like the Indian Penal Code and the Protection of Children from Sexual Offences Act overrides the personal laws on age for having sexual activities, the High Court of Karnataka has observed while considering the petitions filed by two Muslim men, who had sought bail in separate criminal cases registered against them for having sexual relationship …

Can't Equate Act Of Mutual Love Between Young Boyfriend-Girlfriend To 'Sexual Assault' Under POCSO Act: Meghalaya HC
2 years, 5 months ago

Can't Equate Act Of Mutual Love Between Young Boyfriend-Girlfriend To 'Sexual Assault' Under POCSO Act: Meghalaya HC

Live Law  

While quashing POCSO charges against a minor's partner, the Meghalaya High Court has observed that the term 'sexual assault' as per the POCSO Act cannot be attributed to an act where there is mutual love and affection between a young couple.The observation came from the bench of Justice W. Diengdoh while disposing of the plea preferred by the POCSO accused …

Slightest Penetration is Enough to Establish Rape, Says Meghalaya HC, Rejects POCSO Convict's Appeal
2 years, 5 months ago

Slightest Penetration is Enough to Establish Rape, Says Meghalaya HC, Rejects POCSO Convict's Appeal

News 18  

The Meghalaya High Court has recently held that penetrative sexual assault does not require deep or complete penetration and that even the “slightest penetration” would attract penal provisions under Protection of Children from Sexual Offences Act Act, 2012. The court has taken the view in a case concerning the rape of a seven-and-a-half-year-old girl by a 60-year-old man on March …

Discover Related