POCSO Accused Not Entitled To Bail Merely On Ground Of Non-Compliance Of Section 35 : Karnataka High Court
3 years, 8 months ago

POCSO Accused Not Entitled To Bail Merely On Ground Of Non-Compliance Of Section 35 : Karnataka High Court

Live Law  

The Karnataka High Court has held that non compliance of section 35 of the Protection of Children from Sexual Offences Act, will not entitle the accused to be released on default bail. Section 35 of the POCSO Act provides that the evidence of the child shall be recorded within a period of thirty days of the Special Court taking cognizance of the offence and reasons for delay, if any, shall be recorded by the Special Court. A division bench of Justice B V Nagarathna and Justice M G Uma, while deciding a reference, said "If for reasons beyond the control of the Special Court, the evidence of the child is not recorded within the period of thirty days of the Special Court taking cognizance of the offence, or if the trial itself is not completed within a period of one year from the date of cognizance of the offence, the same cannot lead to the accused being released on bail." It was contended that as per Section 35 of POCSO Act evidence of the child had to be recorded within a period of thirty days of taking cognizance of the offence by the trial Court. The court held that any order passed by following the dictum in Vinay vs. State of Karnataka, represented by Special P.P., with regard to grant of bail to the accused on the premise there has been a delay in recording evidence or for that matter, non-conclusion of the proceedings within a period of one year from the date of taking cognizance by the Special Court, is 'not good law' and it cannot be a 'precedent for future cases."

Karnataka Trial Court Bail Period Act Special One Year Recorded Taking Vinay Section 35 Cognizance Thirty Days Section 164 Of Cr Future Cases Pocso Accused  taking  pocso  accused  35  bail  entitled  merely  trial  act  karnataka  court  cognizance  period  high  recorded  noncompliance  ground  special

History of this topic

Failure To Report POCSO Offences Not An Exception To Sanction For Prosecuting Public Servants U/S 197 CrPC Or U/S 218 BNSS: Kerala HC
1 day, 8 hours ago

Failure To Report POCSO Offences Not An Exception To Sanction For Prosecuting Public Servants U/S 197 CrPC Or U/S 218 BNSS: Kerala HC

Live Law  

“ Section 197 of the Cr.PC and Section 218 of the BNSS are intended to operate as a safeguard against public servants from being dragged into vexatious proceedings for having discharged their official duties. In doing so the court observed that Section 197 CrPC/Section 218 BNSS are meant to safeguard the public servants from being dragged into vexatious proceedings while …

Sexual Assault Child Victim Has No Locus To File Quashing Plea In Name Of Saving Family's Honour, Future: Himachal Pradesh HC
2 days, 8 hours ago

Sexual Assault Child Victim Has No Locus To File Quashing Plea In Name Of Saving Family's Honour, Future: Himachal Pradesh HC

Live Law  

The Himachal Pradesh High Court has observed that after setting the criminal machinery into motion, the complainant's role ends, and the complainant or the child victim has no locus standing to file the petition for quashing a POCSO Case, that too, in the name of saving the family's honour. At the outset, the Court opined that the complainant's role ends …

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

Presumption Of Guilt U/S 29 Of POCSO Act Can't Be Drawn Due To Lack Of Evidence: Punjab & Haryana HC Sets Aside Rape Conviction
1 week, 6 days ago

Presumption Of Guilt U/S 29 Of POCSO Act Can't Be Drawn Due To Lack Of Evidence: Punjab & Haryana HC Sets Aside Rape Conviction

Live Law  

The Punjab & Haryana High Court has acquitted two men in a sexual assault case under the Protection of Children from Sexual Offences Act, observing that the presumption under Section 29 for abetting or attempting to commit certain offences under the Act cannot be drawn on account of lack of evidence.As per Section 29 of the POCSO Act, where a …

Presumption Of Guilt U/S Of 29 POCSO Act Can't Be Drawn Due To Lack Of Evidence: Punjab & Haryana HC Sets Aside Rape Conviction
1 week, 6 days ago

Presumption Of Guilt U/S Of 29 POCSO Act Can't Be Drawn Due To Lack Of Evidence: Punjab & Haryana HC Sets Aside Rape Conviction

Live Law  

The Punjab & Haryana High Court has acquitted two men in a sexual assault case under the Protection of Children from Sexual Offences Act, observing that the presumption under Section 29 for abetting or attempting to commit certain offences under the Act cannot be drawn on account of lack of evidence. As per Section 29 of the POCSO Act, where …

Vandiperiyar Rape-Murder: Kerala High Court Asks Accused To Appear Before POCSO Court Upon State's Appeal Against Acquittal
3 weeks ago

Vandiperiyar Rape-Murder: Kerala High Court Asks Accused To Appear Before POCSO Court Upon State's Appeal Against Acquittal

Live Law  

The Kerala High Court asked the sole accused, Arjun in the infamous Vandiperiyar rape and murder case to appear before the Special Court for the Trial of Offences Under the Protection of Children from Sexual Offences Act in Kattappana. Notably, he was acquitted by the POCSO court last year in the rape and murder of a 5 and a half …

POCSO Act Being Enacted Subsequently Will Prevail Over SC/ST Act In Case Of Conflict: Punjab & Haryana High Court
3 weeks, 4 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, 5 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 …

POCSO Case | Journalist Chitra Tripathi Moves High Court Against Arrest Warrant Issued By Gurugram Court
1 month ago

POCSO Case | Journalist Chitra Tripathi Moves High Court Against Arrest Warrant Issued By Gurugram Court

Live Law  

TV News Anchor and Journalist Chitra Tripathi has moved the Punjab and Haryana High Court challenging last month's order of the Gurugram Court issuing a non-bailable warrant of arrest against her in connection with a POCSO Case.The Court had passed this order while cancelling her bail and rejecting her application for exemption from personal appearance before the. TV News Anchor …

Released in Pocso case, man repeats crime, arrested in Coimbatore
1 month ago

Released in Pocso case, man repeats crime, arrested in Coimbatore

New Indian Express  

COIMBATORE: All-Women Police arrested a 35-year-old man under Pocso Act for second time for sexually assaulting a 16-year-old girl. The suspect, who is from Rajapalayam in Virudhunagar, married the elder sister of the victim’s mother, and lived in Tiruppur. All Women Police in Coimbatore City arrested him in May under Pocso Act. Based on a complaint lodged by the girl’s …

Headmaster Guardian Of Entire School, Must Immediately Intimate Authorities Of Incidents Under POCSO Act: Madras HC Refuses To Quash Proceedings
1 month ago

Headmaster Guardian Of Entire School, Must Immediately Intimate Authorities Of Incidents Under POCSO Act: Madras HC Refuses To Quash Proceedings

Live Law  

While refusing to set aside the criminal proceedings initiated against a school headmaster, the Madras High Court emphasised that the Headmaster was the guardian of the entire school and was expected to report any instances under the Protection of Children from Sexual Offences Act. If any incident covered under POCSO Act has taken place, the same has to be immediately …

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

20 Yrs Sentence U/S 4(2) POCSO Act Can't Be Imposed When Accused Was Booked Only U/S 4: Gauhati High Court
1 month, 2 weeks ago

20 Yrs Sentence U/S 4(2) POCSO Act Can't Be Imposed When Accused Was Booked Only U/S 4: Gauhati High Court

Live Law  

The Gauhati High Court at Aizwal recently set aside the judgment and sentence order passed by a Trial Court under Section 4 of the POCSO Act, on the ground the charge was framed without specifying the charge to be under 4 or 4 of the POCSO Act and the Trial Court did not put any preliminary questions to the victim …

Punjab & Haryana HC Declines Pre-Arrest Bail To Mother Booked Under POCSO For Forcing 2-Yrs Old Son Into Sexual Activities With Paramour
1 month, 3 weeks ago

Punjab & Haryana HC Declines Pre-Arrest Bail To Mother Booked Under POCSO For Forcing 2-Yrs Old Son Into Sexual Activities With Paramour

Live Law  

The Punjab and Haryana High Court has refused to grant pre-arrest bail to a mother who was accused of sexually abusing her 2 years old son with her alleged paramour, observing that the role of a mother is of care and nurturing the child and any deviation from this standard especially in a manner that harms one's own child, invites …

Bail Granted in CCTV Camera Filming Case Against Mahant Mukesh Giri
3 months ago

Bail Granted in CCTV Camera Filming Case Against Mahant Mukesh Giri

Hindustan Times  

The Allahabad high court has granted anticipatory bail to suspect Mukesh Giri in a case related to alleged filming of women using a CCTV camera in a dressing room set up near a temple on the banks of Muradnagar canal in May. The court ruled that Giri is only liable to be prosecuted under Section 354C IPC, which is bailable …

Badlapur sexual assaults case: POCSO court refuses pre-arrest bail to school trustees
3 months, 4 weeks ago

Badlapur sexual assaults case: POCSO court refuses pre-arrest bail to school trustees

Hindustan Times  

THANE: A special POCSO court in Kalyan on Tuesday denied anticipatory bail to two trustees of the Badlapur school where two four-year-old girls were sexually assaulted allegedly by a cleaning staff. The trustees were denied bail after the investigating officer in the case said the police had found evidence of negligence by the school. HT Image Trust president Uday Kotwal …

'How Can POCSO Act Offence Be Termed Romantic?' : Supreme Court Slams HC Suggestion To Decriminalise 'Consensual' Sex Involving Older Teens
4 months, 2 weeks ago

'How Can POCSO Act Offence Be Termed Romantic?' : Supreme Court Slams HC Suggestion To Decriminalise 'Consensual' Sex Involving Older Teens

Live Law  

The Supreme Court on Tuesday criticized the Calcutta High Court for observing in a judgment that the Protection of Children from Sexual Offences Act, 2012 must be amended to decriminalise consensual sexual acts involving adolescents above sixteen years. The Supreme Court further expressed disapproval of the High Court's suggestion that an exception must be carved out for "non-exploitative" sexual acts …

Vizianagaram: Man gets 20-year rigorous imprisonment in POCSO case
5 months ago

Vizianagaram: Man gets 20-year rigorous imprisonment in POCSO case

Deccan Chronicle  

Visakhapatnam: The Vizianagaram special court for POCSO cases has sentenced Padagasai Manoj Kumar to 20-years of rigorous imprisonment and a fine of Rs 5,500 for sexually assaulting a minor girl. The case dates back to 2020, when the victim, a B. Pharmacy student residing in Bhogapuram mandal, filed a complaint at the Bhogapuram police station. Following the complaint, then DSPs …

Pocso accused youth beats victim’s dad to death in Tamil Nadu; held
5 months ago

Pocso accused youth beats victim’s dad to death in Tamil Nadu; held

New Indian Express  

KRISHNAGIRI: Months after being released on bail in a Pocso case, a 24-year-old allegedly beat to death the man, whose daughter he had been booked for sexually assaulting, near Kelamangalam in Krishnagiri district on Saturday night. On Saturday night, Venkatraj met the girl near her house and Selvam, who saw them talking, got into a heated argument with the accused. …

[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 …

POCSO Act | No Presumption Of Guilt Against Accused If Prosecution Fails To Prove 'Foundation Facts' Beyond Reasonable Doubt: Patna High Court
5 months, 2 weeks ago

POCSO Act | No Presumption Of Guilt Against Accused If Prosecution Fails To Prove 'Foundation Facts' Beyond Reasonable Doubt: Patna High Court

Live Law  

While deciding a POCSO case, the Patna High Court on Tuesday reiterated that the prosecution would not be absolved from proving the guilt of the accused beyond reasonable doubt despite the presumption of committing an offence operating against the accused under Section 29 of POCSO Act. The Court said that irrespective of the fact that there exists a presumption against …

Karnataka High Court Quashes Rape Proceedings Against POCSO Accused After He Marries Victim
5 months, 2 weeks ago

Karnataka High Court Quashes Rape Proceedings Against POCSO Accused After He Marries Victim

Live Law  

The Karnataka High Court has quashed rape proceedings against an accused who during the pendency of the petition seeking quashing of offence was released on interim bail to allow him to marry the victim, who turned major and gave birth to a child. If the proceedings are not quashed, it would undoubtedly result in grave jeopardy to the life of …

POCSO Case: Karnataka High Court Exempts Former Chief Minister BS Yediyurappa From Personal Appearance Before Trial Court On July 15
5 months, 4 weeks ago

POCSO Case: Karnataka High Court Exempts Former Chief Minister BS Yediyurappa From Personal Appearance Before Trial Court On July 15

Live Law  

The Karnataka High Court on Friday adjourned to July 26, hearing of a petition filed by former Chief Minister BY Yediyurappa seeking to quash a POCSO case registered against him. Ld judge of court below is requested to grant exemption for the day, on the next date of hearing till any other day, till this matter is taken up for …

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

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

Karnataka High Court to hear BS Yediyurappa's plea to dismiss POCSO charges
6 months, 1 week ago

Karnataka High Court to hear BS Yediyurappa's plea to dismiss POCSO charges

India TV News  

The Karnataka High Court is set to hear former Chief Minister BS Yediyurappa's plea seeking the dismissal of charges related to alleged sexual assault against a minor today. Background on charges Recently, the Karnataka Police filed a chargesheet against Yediyurappa under the Protection of Children from Sexual Offenses Act, 2012. Legal maneuvers Earlier this month, the Karnataka High Court had …

Karnataka HC reduces life sentence in POCSO case; cites lack of justification
6 months, 2 weeks ago

Karnataka HC reduces life sentence in POCSO case; cites lack of justification

Hindustan Times  

Bengaluru, The Karnataka High Court has reduced the sentence of an accused in a POCSO Act case from life imprisonment to 10 years, emphasising the need for valid reasons when imposing the maximum penalty. Section 6 of the POCSO Act allowed for a minimum sentence of 10 years' rigorous imprisonment and a maximum of life imprisonment The case involved the …

Bombay HC Grants Bail to POCSO Accused Without Prima Facie Sexual Intent
6 months, 2 weeks 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 …

POCSO Act: Karnataka High Court Grants Bail To Youth Accused Citing Chances Of Coming In Contact With Hardcore Criminals In Custody
6 months, 3 weeks ago

POCSO Act: Karnataka High Court Grants Bail To Youth Accused Citing Chances Of Coming In Contact With Hardcore Criminals In Custody

Live Law  

The Karnataka High Court recently granted bail to a 20-year-old who allegedly, after having chats with a minor girl over Instagram, took her intimate photos, committed sexual assault and started blackmailing the victim and her family members. A single judge bench of Justice M G Uma allowed the bail petition observing that “The petitioner is hardly aged 20 years. If …

Truth will prevail in court: Yediyurappa's son Vijayendra on POCSO case against father
6 months, 3 weeks ago

Truth will prevail in court: Yediyurappa's son Vijayendra on POCSO case against father

New Indian Express  

BENGALURU: State BJP President B Y Vijayendra on Friday reacted to the Karnataka High Court restraining the CID from arresting his father and former chief minister B S Yediyurappa in a POCSO case, and said that the truth will prevail in the "temple of justice". Earlier in the day, the high court restrained the Criminal Investigation Department from arresting the …

Bengaluru Court Issues Non-Bailable Warrant Against Former CM BS Yediyurappa In POCSO Case
6 months, 3 weeks ago

Bengaluru Court Issues Non-Bailable Warrant Against Former CM BS Yediyurappa In POCSO Case

Live Law  

A court in Bengaluru on Thursday issued a non-bailable warrant against former Chief Minister B S Yediyurappa in connection with a POCSO case registered against him. The warrant was issued based on the application filed by CID which is probing the case registered under section 8 of the POCSO Act read with section 354 of the Indian Penal Code. Taking …

Arrest warrant against former Karnataka CM B.S. Yediyurappa in POCSO case
6 months, 3 weeks ago

Arrest warrant against former Karnataka CM B.S. Yediyurappa in POCSO case

The Hindu  

The First Fast Track Court has issued an arrest warrant against former Chief Minister B.S. Mr. Yediyurappa, meanwhile, has filed two separate petitions in the High Court of Karnataka, one seeking anticipatory bail and seeking stay of the investigation and for quashing of the complaint by claiming that he was “falsely implicated” and there is no ingredients of offences alleged …

Yediyurappa may be arrested in POCSO case, if necessary, says Karnataka Minister
6 months, 3 weeks ago

Yediyurappa may be arrested in POCSO case, if necessary, says Karnataka Minister

Hindustan Times  

Karnataka Home Minister G Parameshwara on Thursday said the Criminal Investigation Department, probing the Protection of Children from Sexual Offences Act case against former Chief Minister B S Yediyurappa, has issued notice asking him to appear before it for questioning, and he may be arrested if necessary. Yediyurappa may be arrested in POCSO case, if necessary, says Karnataka Minister "Notice …

Meghalaya High Court Rejects Bail In POCSO Case Despite Trial Delay, Considering Seriousness Of Offence
6 months, 3 weeks ago

Meghalaya High Court Rejects Bail In POCSO Case Despite Trial Delay, Considering Seriousness Of Offence

Live Law  

The Meghalaya High Court has observed that even with a delay of one year in commencing trial under the Protection of Children from Sexual Offences Act, 2012, while deciding on bail, the gravity of the offence needs to be taken into consideration The accused/petitioner was arrested in relation to a POCSO case and a chargesheet was filed against him in …

Bengaluru court issues non-bailable arrest warrant against former CM BS Yediyurappa
6 months, 3 weeks ago

Bengaluru court issues non-bailable arrest warrant against former CM BS Yediyurappa

India TV News  

A Bengaluru court issued a non-bailable arrest warrant against former Karnataka Chief Minister and senior BJP leader BS Yediyurappa on Thursday. Yediyurappa has also sought anticipatory bail from a special court, known as the People's Representative Court, in an effort to avoid arrest in a case filed under the Protection of Children from Sexual Offences Act. According to police, Yediyurappa …

Non-bailable arrest warrant against Yediyurappa in POCSO case; ex-CM seeks anticipatory bail
6 months, 3 weeks ago

Non-bailable arrest warrant against Yediyurappa in POCSO case; ex-CM seeks anticipatory bail

New Indian Express  

The special court to try cases registered under the Protection of Children from Sexual Offences Act in Bengaluru has issued a non-bailable warrant against the former Chief Minister of Karnataka and senior BJP leader B S Yediyurappa, on Thursday. Sadashivanagar police had booked Yediyurappa under Section 8 of the POCSO Act and Section 354A of the IPC based on a …

[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 …

Karnataka High Court Grants Bail To POCSO Accused After He Undertakes To Marry Victim Upon Her Attaining Age Of Majority
8 months ago

Karnataka High Court Grants Bail To POCSO Accused After He Undertakes To Marry Victim Upon Her Attaining Age Of Majority

Live Law  

The Karnataka High Court recently granted bail to a POCSO rape accused after he and the guardian of the minor victim girl filed an affidavit in court agreeing for the accused to marry the victim immediately upon her attaining the age of majority. A single judge bench of Justice Rajendra Badamikar allowed the petition filed by Lokesh Kumar who was …

Pre-Trial Detention May Cause Serious Stigma On Person's Character: Karnataka HC Grants Pre-Arrest Bail To National Hockey Player In POCSO Case
8 months, 2 weeks ago

Pre-Trial Detention May Cause Serious Stigma On Person's Character: Karnataka HC Grants Pre-Arrest Bail To National Hockey Player In POCSO Case

Live Law  

The Karnataka High Court recently granted anticipatory bail to a national-level hockey player who is charged with offences punishable under Protection of Children From Sexual Offences Act, on the allegation of rape on false pretext of marriage. A single judge bench of Justice Rajendra Badamikar allowed the application filed by the accused and said, “Right of Freedom is a fundamental …

Man gets seven years jail under POCSO Act
9 months, 2 weeks ago

Man gets seven years jail under POCSO Act

Deccan Chronicle  

Bilaspur, Mar 26 Special Judge Kanwar Chirag Singh on Tuesday sentenced one Salim Hussain, a resident of Himachal's Bilaspur district, to sever years of rigorous imprisonment for raping his minor daughter, officials on Tuesday said. He was convicted and sentenced to undergo seven years imprisonment and pay a fine of Rs 50,000. The accused had raped his daughter when her …

Ex- CM Booked Under POCSO in Karnataka
9 months, 3 weeks ago

Ex- CM Booked Under POCSO in Karnataka

Deccan Chronicle  

Bengaluru: Bharatiya Janata Party leader and former Chief Minister B.S. Yediyurappa has been booked under Prevention of Children from Sexual Offences Act, 2012 at Sadashivanagar police station in Bengaluru city on Thursday evening after a woman alleged that the BJP leader allegedly indulged in sexual assault on her minor daughter. According to the victim’s mother, she took her daughter to …

Any Person Regardless Of Gender & Age Can Be Accused Under POCSO Act: Kerala High Court Refuses To Quash Case Against Minor
9 months, 3 weeks 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 …

[POCSO Act] Kerala HC Upholds Conviction Of Father Accused Of Sexually Assaulting 9-Yr-Old Daughter, Says Life-Sentence Imposed By Trial Court Not Disproportionate
9 months, 3 weeks ago

[POCSO Act] Kerala HC Upholds Conviction Of Father Accused Of Sexually Assaulting 9-Yr-Old Daughter, Says Life-Sentence Imposed By Trial Court Not Disproportionate

Live Law  

The Kerala High Court in a recent POCSO matter rejected the appeal of an accused who was convicted for committing aggravated penetrative sexual assault on his nine-year-old daughter. The Court also rejected the argument of the accused that the sentence imposed of 5 years under the POCSO Act, and 1 year under the IPC, was disproportionate to the gravity of …

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

[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 …

SC/ST Act | No Absolute Bar Against Grant Of Anticipatory Bail If Alleged Offences Prima Facie Not Made Out: Orissa High Court Reiterates
11 months, 1 week ago

SC/ST Act | No Absolute Bar Against Grant Of Anticipatory Bail If Alleged Offences Prima Facie Not Made Out: Orissa High Court Reiterates

Live Law  

The Orissa High Court, on Thursday, reiterated that there is no absolute bar against grant of anticipatory bail to an accused under the Scheduled Caste and Scheduled Tribe Act, 1989, if no prima facie offence is made out. While clarifying the implications of Section 18 and Section 18A of the Act, the Single Bench of Justice Sashikanta Mishra held – …

Victim's Age Not Proved, POCSO Offence Not Established: Madras HC Sets Aside Man's Conviction For Allegedly Raping Neighbour On False Promise To Marry
11 months, 2 weeks ago

Victim's Age Not Proved, POCSO Offence Not Established: Madras HC Sets Aside Man's Conviction For Allegedly Raping Neighbour On False Promise To Marry

Live Law  

The Madras High Court recently set aside the conviction and sentence imposed on a man accused of allegedly committing sexual assault on his neighbour on the false promise to marry. Justice KK Ramakrishnan observed that the prosecution had failed to prove the age of the victim girl to constitute an offence under the Prevention of Children From Sexual Offences Act. …

'No Mens Rea': Kerala HC Grants Pre-Arrest Bail To Headmistress Booked Under SC/ST Act For Cutting Tribal Student's Hair During Assembly
11 months, 2 weeks ago

'No Mens Rea': Kerala HC Grants Pre-Arrest Bail To Headmistress Booked Under SC/ST Act For Cutting Tribal Student's Hair During Assembly

Live Law  

The Kerala High Court has granted anticipatory bail to the headmistress of a school who was booked for offences under the Scheduled Castes and the Scheduled Tribes Act and Juvenile Justice Act for cutting the hair of the victim student, who belonged to the Scheduled Tribe community, during the school assembly which was allegedly derogatory and affected his dignity. Therefore, …

POCSO Act | Repeatedly Following, Watching Or Contacting Child With Sexual Intent Amounts To Sexual Harassment : Jharkhand High Court
1 year ago

POCSO Act | Repeatedly Following, Watching Or Contacting Child With Sexual Intent Amounts To Sexual Harassment : Jharkhand High Court

Live Law  

The Jharkhand High Court has ruled that engaging in persistent acts of following, watching, or contacting a child with sexual intent constitutes sexual harassment under Section 11 of the Protection of Children from Sexual Offences Act, 2012. As such, the act of the present petitioner comes within periphery of section 11 of the POCSO Act, 2012 which amounts sexual harassment …

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 …

Discover Related