'Directions May Be Passed On Administrative Side': Bombay High Court On PIL For Timely Recording Of POCSO Victim's Testimony
2 years, 3 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 Act. 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 Act. The petition challenged non-compliance of Section 35 of the POCSO Act read with section 309 of CrPC and the directions of Supreme Court in Alakh Alok Shrivastava v. Union of India.

Court Bombay High Court Victim Act Pocso Pocso Act Petition  special  pil  committee  court  testimony  high  passed  timely  directions  act  victim  pocso  victims  justice  recording  petition

History of this topic

Case Transferred To POCSO Court After 8-Yrs Trial: Gujarat HC Says Police, Prosecution & Trial Court Prima Facie Failed In Discharging Duty
4 days, 22 hours 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 …

Rise In Sexual Offences Against Children Serious: Madhya Pradesh HC Initiates Suo Motu PIL, Questions Centre/State On POCSO Act Implementation
3 weeks, 2 days ago

Rise In Sexual Offences Against Children Serious: Madhya Pradesh HC Initiates Suo Motu PIL, Questions Centre/State On POCSO Act Implementation

Live Law  

Taking into account the "substantial growth of sexual offences against children below the age of 18 years" in the state, the Jabalpur bench of the Madhya Pradesh has initiated a suo-moto PIL to enquire from the Central as well as the State Governments as to what steps have been taken on the implementation of the POCSO Act. The court further …

POCSO Act Being Enacted Subsequently Will Prevail Over SC/ST Act In Case Of Conflict: Punjab & Haryana High Court
3 weeks, 6 days ago

POCSO Act Being Enacted Subsequently Will Prevail Over SC/ST Act In Case Of Conflict: Punjab & Haryana High Court

Live Law  

The Punjab & Haryana High Court has reiterated if there is a conflict between the provisions of POCSO Act and the Scheduled Castes and the Scheduled Tribes Act, then provisions of the POCSO Act will be applicable as it was enacted subsequently. It also reaffirmed that a regular bail plea moved in a case registered under the provisions of the …

[POCSO Act] Quashing Of Serious Offence To Efface Evidence Already Recorded Cannot Be Done Even At Instance Of Survivor: Kerala High Court
3 weeks, 6 days ago

[POCSO Act] Quashing Of Serious Offence To Efface Evidence Already Recorded Cannot Be Done Even At Instance Of Survivor: Kerala High Court

Live Law  

The Kerala High Court dismissed a petition filed by the victim of a POCSO offence to quash the proceedings saying that serious offences are involved and the trial had reached at the end stage. The Court noted that that the accused is alleged of committing serious offences like aggravated penetrative sexual assault against the minor. Justice A. Badharudeen observed that …

Karnataka HC To Consider Whether POCSO Act Is Gender Neutral Or Not, Stays Proceedings Against Woman Accused Of Sexually Assaulting Minor
1 month, 2 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 …

Thane Police moves High Court for custody of Shinde Sena worker in Pocso case
1 month, 3 weeks ago

Thane Police moves High Court for custody of Shinde Sena worker in Pocso case

India Today  

Thane police have filed an appeal in the Bombay High Court against a sessions court order that denied their request for custody of a Shiv Sena party worker accused of sexually assaulting an 11-year-old girl under the Protection of Children from Sexual Offences Act. However, the court rejected the remand application, citing procedural lapses, particularly the absence of a required …

[S. 33(2) POCSO Act] Mode Of Examination Through Intermediary Remains Unchanged Even If Victim Attains Majority During Trial: Kerala HC
5 months, 1 week 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 …

[S. 33(5) POCSO Act] Child Witness Cannot Be Recalled To Fill Up Lacuna And Omission In Evidence Of Accused: Kerala High Court
7 months, 2 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 …

[POCSO Act] Mandatory For Any Person Having Knowledge Of Offence To Inform Police Authorities: Punjab & Haryana High Court
10 months, 1 week ago

[POCSO Act] Mandatory For Any Person Having Knowledge Of Offence To Inform Police Authorities: Punjab & Haryana High Court

Live Law  

The Punjab & Haryana High Court has made it clear that any person knowing about the commission of an offence against a child under the Protection of Children from Sexual Offences Act must inform the police or Special Juvenile Police Unit irrespective of whether the concerned person is a parent of the child or friend.The Court was hearing a plea …

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

Madhya Pradesh High Court Asks State Govt To Take Measures To Publicise POCSO Act Provisions As Per Mandate Of S. 43
1 year ago

Madhya Pradesh High Court Asks State Govt To Take Measures To Publicise POCSO Act Provisions As Per Mandate Of S. 43

Live Law  

Recently, while allowing a second bail application filed by an accused in a POCSO case, Madhya Pradesh High Court directed the Government Advocate to bring Section 43 of the POCSO Act, 2012 to the notice of the state government for compliance. The single-judge bench of Justice Vishal Dhagat gave the above direction after the counsel for the accused/applicant drew the …

'Testimony Of Victim Does Not Inspire Confidence & Remains Uncorroborated': Gauhati High Court Sets Aside POCSO Conviction
1 year ago

'Testimony Of Victim Does Not Inspire Confidence & Remains Uncorroborated': Gauhati High Court Sets Aside POCSO Conviction

Live Law  

The Gauhati High Court recently set aside the conviction of a man under Section 4 of the POCSO Act passed by the Trial Court, by giving him the benefit of the doubt on the ground that the testimony of the victim girl remained uncorroborated. The single-judge bench of Justice Mridul Kumar Kalita observed: “……considering the fact that the testimony of …

S.28 POCSO Act | Offences Under SC/ST Act Can Be Tried By POCSO Court If Part Of Same Transaction: Kerala High Court
1 year, 2 months ago

S.28 POCSO Act | Offences Under SC/ST Act Can Be Tried By POCSO Court If Part Of Same Transaction: Kerala High Court

Live Law  

The Kerala High Court has permitted a POCSO Court to try the offences under SC/ST Act relating to abuse and assault of the minor victim's father stating that the two offences were closely connected as the incident occurred within half hour of the offence under POCSO Act.Justice Gopinath P. relied on MS.P xxx Vs. State of Uttarakhand & Anr. The …

Bombay High Court Seeks Explanation For High Pendency Of 40K Cases Before Juvenile Justice Board And Child Welfare Committee
1 year, 3 months ago

Bombay High Court Seeks Explanation For High Pendency Of 40K Cases Before Juvenile Justice Board And Child Welfare Committee

Live Law  

The Bombay High Court recently flagged the collective pendency of over 40,051 cases before the Juvenile Justice Board and the Child Welfare Committee while hearing a PIL by an NGO. “…the figures of 10,008 cases pending before the Juvenile Justice Board and 30,043 cases pending before the Child Welfare Committee would amount to nullifying of spirit of the Act.” On …

Delhi High Court Directs Registrar To Seek Explanation From Trial Court Judge For Passing Non-Reasoned Order Granting Bail To POCSO Accused
1 year, 4 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, 5 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, 5 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, 5 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, 6 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 …

Karnataka High Court Quashes POCSO Case Against Man Who Dropped Minor Victim At Her Home On Instructions Of Main Accused
1 year, 7 months ago

Karnataka High Court Quashes POCSO Case Against Man Who Dropped Minor Victim At Her Home On Instructions Of Main Accused

Live Law  

The Karnataka High Court has quashed the criminal proceedings launched under the Protection of Children From Sexual Offences Act against a man who dropped the minor victim at her home on the instructions of main accused. are juxtaposed to each other and read in tandem what can be unmistakably inferred is that the role of the petitioner nowhere figures before …

Puducherry gets fast-track court to deal with POCSO cases
1 year, 7 months ago

Puducherry gets fast-track court to deal with POCSO cases

The Hindu  

The Union Territory has established its first Fast Track Special Court at the Integrated Court Complex in Puducherry to facilitate expeditious trials and disposals of cases under the Protection of Children from Sexual Offences Act. Utilising funds sanctioned by the Union Ministry of Law and Justice and the territorial administration, the fast-track court was established on Monday. Acting Chief Justice …

Kerala High Court Grants Bail To POCSO Accused, Doubts Fabrication Of Prosecution Case
1 year, 10 months ago

Kerala High Court Grants Bail To POCSO Accused, Doubts Fabrication Of Prosecution Case

Live Law  

The Kerala High Court on Wednesday granted bail to a person accused of offence under the Protection of Children from Sexual Offences Act, on doubting the veracity of the prosecution version. Justice Kauser Edappagath took note that the victim in the case had given a complaint to the police for the first time after more than five years after the …

S.33(5) POCSO Act Does Not Mean Accused Will Not Be Given Any Opportunity To Cross- Examine Prosecutrix: Karnataka High Court
1 year, 10 months 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 …

Regional Colloquium on JJAct, Pocso Act And Drug Abuse Organised By Kerala HC Passes Resolution For Immediate Steps for Dispensation of Justice and Rehabilitation of Victims
1 year, 10 months ago

Regional Colloquium on JJAct, Pocso Act And Drug Abuse Organised By Kerala HC Passes Resolution For Immediate Steps for Dispensation of Justice and Rehabilitation of Victims

Live Law  

The Regional Colloquium on Juvenile Justice Act,2015, PoCSO Act and Drug Abuse among Children organized by the High Court of Kerala entered its second and final day on Sunday. The Colloquium was organised to sensitise various stake holders of the justice delivery system handling cases involving children under different acts at various levels. The resolution passed in the Colloquium strongly …

Delhi HC Seeks Centre's Stand on Plea Against Mandatory Reporting of POCSO Offences
1 year, 10 months 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
1 year, 11 months 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 …

‘Has Adverse Impact On Victim’s Psyche’: Delhi High Court Issues Guidelines On Presence Of POCSO Victims During Bail Hearings
1 year, 11 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 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- …

Setting Up POCSO Fast Track Courts Will Be Futile Unless More Judges Are Appointed : Justice BV Nagarathna
2 years, 1 month ago

Setting Up POCSO Fast Track Courts Will Be Futile Unless More Judges Are Appointed : Justice BV Nagarathna

Live Law  

"In the context of child sexual abuse it is necessary to administer child friendly justice at the highest attainable level. Justice that is accessible, age appropriate, speedy, adapted to and focussed on the needs and rights of the child", said Supreme Court judge Justice BV Nagarathna on Saturday while addressing the gathering at the 2-day National Stakeholders Consultation organised by …

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, 1 month 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 …

Karnataka High Court Quashes POCSO Case Against Muslim Man For Impregnating Minor Wife
2 years, 2 months ago

Karnataka High Court Quashes POCSO Case Against Muslim Man For Impregnating Minor Wife

Live Law  

The Karnataka High Court has quashed the POCSO case registered against a Muslim man for impregnating his minor wife. The order was passed by Justice K.Natarajan on 10th October, two days before another single bench of the High Court declared that POCSO Act overrides personal law and thus, the age for involving in sexual activities is 18 years. The case …

POCSO Act Prevails Over SC/ST Act; Accused Entitled To Directly Approach High Court U/S 439 CrPC When Charged Under Both Statutes: Kerala HC
2 years, 2 months ago

POCSO Act Prevails Over SC/ST Act; Accused Entitled To Directly Approach High Court U/S 439 CrPC When Charged Under Both Statutes: Kerala HC

Live Law  

The Kerala High Court has held that the Protection of Children from Sexual Offences Act, 2012 prevails over the Scheduled Tribes Act, 1989. When the Petitioner approached the High Court for bail, the Registry raised an objection that in view of the offences alleged under the SC/ST Act, an application for bail can be filed only before the Special Court …

PIL seeks speedy trial of POCSO cases, Bombay HC asks petitioner to approach ad-hoc committee
2 years, 3 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 …

"Stop Salaries Of Prosecutor, IO Till Witnesses Are Examined": PH High Court Slams Prosecution's 'Casual' Approach In A POCSO Trial
2 years, 3 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, 3 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 …

[Sexual Offences] Calcutta HC Issues Slew Of Directions To Special Courts To Ensure Smooth & Prompt Examination Of Minor Victims
2 years, 4 months ago

[Sexual Offences] Calcutta HC Issues Slew Of Directions To Special Courts To Ensure Smooth & Prompt Examination Of Minor Victims

Live Law  

The Calcutta High Court recently issued a slew of directions to the Special Courts to ensure a smooth, prompt and seamless examination of the minor victim of sexual offences.The bench of Justice Joymalya Bagchi and Justice Ananya Bandyopadhyay issued the directions while rejecting a bail plea filed by POCSO accused as it noted that the trial Court had failed to …

POCSO | Issue Regarding Determination Of Victim's Age Can Be Raised At Any Stage, Even Before Appellate Forum: Meghalaya High Court
2 years, 4 months ago

POCSO | Issue Regarding Determination Of Victim's Age Can Be Raised At Any Stage, Even Before Appellate Forum: Meghalaya High Court

Live Law  

The Meghalaya High Court recently observed that it is incumbent upon the Court, hearing a POCSO case, to be certain of the age of the victim before proceeding with the matter. The Court further held that determination of victim's age is an important issue going to the root of the matter and should therefore be decided as a preliminary issue. …

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, 4 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 Victims Are Being Forced Not Only To Potentially Interact With Accused But Also Be Present In Court Hearings": Delhi HC Expresses Concern
2 years, 4 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 …

POCSO victim should not be traumatised again by having to relive incident in court: Delhi High Court
2 years, 4 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 …

Supreme Court Expresses Disapproval Of Session Judge Sentencing POCSO Convict To Death In 4 Days Trial
2 years, 5 months ago

Supreme Court Expresses Disapproval Of Session Judge Sentencing POCSO Convict To Death In 4 Days Trial

Live Law  

The Supreme Court on Friday took exception to a judge sentencing a convict to death in a POCSO case in a trial completed within 4 days and sentencing another POCSO convict to life in a trial completed in a single day. A bench comprising Justices UU Lalit and S Ravindra Bhat was considering a writ petition filed by a suspended …

Police bound to file FIR: Bombay high court after cops refuse to file case due to POCSO circular
2 years, 5 months ago

Police bound to file FIR: Bombay high court after cops refuse to file case due to POCSO circular

India Today  

The Bombay high court, while hearing a petition filed by a woman after police refused to register an FIR following a POCSO circular issued by former Mumbai police commissioner Sanjay Pandey, stated that it is the duty of the police to register an FIR when a cognizable offence is brought to its notice. The court also directed that a special …

Demand for more POCSO special courts in T.N. to clear pendency
2 years, 6 months ago

Demand for more POCSO special courts in T.N. to clear pendency

The Hindu  

As the pendency of cases filed under the Protection of Children from Sexual Offences Act continues to bother activists, nearly one year after the government announced that special courts would be set up in four districts to handle these cases exclusively, they have not come up yet. Pursuant to a Supreme Court order, on a suo motu writ petition from …

POCSO Act Not In Derogation Of Any Other Law, Has Overriding Effect In Case Of Inconsistency: Karnataka High Court
2 years, 8 months ago

POCSO Act Not In Derogation Of Any Other Law, Has Overriding Effect In Case Of Inconsistency: Karnataka High Court

Live Law  

The Karnataka High Court recently increased the sentence of imprisonment from seven years to ten years, imposed on an accused convicted for raping a minor girl and charged under sections of the Protection of Children From Sexual Offences Act. It added, "In the instant case, there is no inconsistency as the offence under Section 376 as well as Section 6 …

POCSO: a case study
2 years, 9 months ago

POCSO: a case study

The Hindu  

Geetha* says she remembers feeling helpless and daunted when she decided to file a complaint after she found out that her husband had sexually abused their daughter. The number of cases registered under the POCSO Act in Tamil Nadu has seen a steady increase 2012 43 2013 660 2014 1088 2015 1574 2016 1654 2017 1667 2018 2126 2019 2465 …

PIL filed in Bombay High Court over delay in filling up judicial vacancies
2 years, 9 months ago

PIL filed in Bombay High Court over delay in filling up judicial vacancies

India Today  

A public interest litigation has been filed in the Bombay High Court, which highlights the acute shortage of judges in the institution at present. The petition highlights 50 per cent vacancies in the High Court and seeks directions for implementation of a permanent mechanism to fill up the vacancies of judges. The plea filed by Bombay Lawyers Association through advocate …

Karnataka High Court Issues Directions To Ensure Victim Is Given Notice Of All Bail Proceedings Concerning POCSO Cases
2 years, 10 months 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 …

Justice Not Delayed is Justice Delivered: Surat Shows the Way by Fast-tracking POCSO Trials - News18
3 years ago

Justice Not Delayed is Justice Delivered: Surat Shows the Way by Fast-tracking POCSO Trials - News18

News 18  

It is with a heavy heart and a mixed bag of emotions we contemplate and deliberate upon the successful completion of two POCSO trials within a month’s time in Surat. As per data, “From January to June 2019, 24,212 cases of child sexual assault or abuse were registered under POCSO, of which 27 per cent of cases went on trial, …

POCSO Cases- Allahabad HC Calls Upon Local Police, CWCs To Strictly Comply With 'Junaid Case' Directions On Rights Of Victims
3 years, 1 month ago

POCSO Cases- Allahabad HC Calls Upon Local Police, CWCs To Strictly Comply With 'Junaid Case' Directions On Rights Of Victims

Live Law  

The Allahabad High Court on Monday observed that in all cases pertaining to the POCSO Act, the directions issued by the High Court in Junaid Vs. State of U.P. It may be noted that in Junaid's case, the High Court had, inter alia, issued directions and a timeline for the disposal of bail applications under the POCSO Act, 2012. Further, …

Discover Related