S.21 POCSO Act | Doctor Not Responsible To 'Verify' Age Of Victim Or 'Ascertain' If Offence Has Been Committed: Madras High Court
2 days, 2 hours ago

S.21 POCSO Act | Doctor Not Responsible To 'Verify' Age Of Victim Or 'Ascertain' If Offence Has Been Committed: Madras High Court

Live Law  

The Madras High Court has recently observed that a Doctor does not have a responsibility to 'verify' or 'ascertain' the age of a victim brought in for abortion, for the purposes of reporting crime under POCSO Act. “As the Hon'ble Apex Court has astutely noted, the petitioner bore no responsibility to verify the victim girl's age or ascertain whether offences had been committed. The petitioner also argued that an essential element under the POCSO Act was the victim's minority status and in the present case, the victim had stated that her age was 18 years. The court noted that the Doctor bore no responsibility to verify the victim's age or ascertain whether any offence has been committed.

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History of this topic

Criminal Proceedings Involving Serious Offences Under POCSO Act Can't Be Quashed On Settlement Between Parties: Kerala High Court
3 weeks ago

Criminal Proceedings Involving Serious Offences Under POCSO Act Can't Be Quashed On Settlement Between Parties: Kerala High Court

Live Law  

The Kerala High Court has held that remote chance of conviction due to compromise between the accused and the complainant should not serve as a ground to terminate investigation abruptly and to quash the FIR and further proceedings in serious offences involving POSCO Act. The court further said that legal position was comprehensive that criminal proceedings involving very serious offences …

[POCSO Act] Quashing Of Serious Offence To Efface Evidence Already Recorded Cannot Be Done Even At Instance Of Survivor: Kerala High Court
3 weeks, 4 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 …

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 …

Adult Sexual Predators Ought Not To Be Afforded Leeway By Micro Analysis Of Child Victim's Testimony: Sikkim High Court
1 month, 4 weeks ago

Adult Sexual Predators Ought Not To Be Afforded Leeway By Micro Analysis Of Child Victim's Testimony: Sikkim High Court

Live Law  

The Sikkim High Court recently set aside the judgment of a Trial Court by which it acquitted a person charged with Sections 9 and 9 of POCSO Act and Section 354 of IPC on the ground that Trial Court was in error in acquitting the accused despite the unwavering evidence of the child victim on record and her evidence being …

'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 …

[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 …

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 …

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 …

'Extraordinary Circumstance': Madras HC Quashes POCSO Case over Minor's Marriage, Prioritising Well-being of Young Children
10 months, 3 weeks ago

'Extraordinary Circumstance': Madras HC Quashes POCSO Case over Minor's Marriage, Prioritising Well-being of Young Children

News 18  

The Madras High Court recently quashed a case filed under the Protection of Children from Sexual Offences Act, 2012, and The Prohibition of Child Marriage Act, 2006. Based on that, the case was registered under the provisions of the POCSO Act and the Prohibition of Child Marriage Act, 2006, against the victim’s husband, his father, and the victim’s parents. The …

POCSO Act | Scholar Register Sufficient To Determine Victim's Age, Prosecution Testimonies Can't Be Disregarded For Trivial Contradictions: MP High Court
11 months, 1 week ago

POCSO Act | Scholar Register Sufficient To Determine Victim's Age, Prosecution Testimonies Can't Be Disregarded For Trivial Contradictions: MP High Court

Live Law  

Recently, Madhya Pradesh High Court has underscored that a school admission register/ scholar register is a valid document that can be relied upon for determining the age of a survivor concerning a POCSO offence. The single-judge bench of Justice Prem Narayan Singh, while rendering the judgement, referred to the landmark judgment in Jarnail Singh v. State of Haryana, 7 SCC …

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. …

POCSO Act | Bone Ossification Test Vital Only When Victim On Cusp Of Majority, Bombay HC Accepts Victim A Minor Based On Father's Evidence
1 year, 3 months ago

POCSO Act | Bone Ossification Test Vital Only When Victim On Cusp Of Majority, Bombay HC Accepts Victim A Minor Based On Father's Evidence

Live Law  

The Bombay High Court recently held that bone ossification test to determine the age of victim in a case under the Protection of Children from Sexual Offences Act, 2012 is required only when the victim is on the cusp of majority. The father of the victim who has the knowledge of the date of birth of the daughter, his testimony …

Law Commission against lowering age of consent under POCSO Act
1 year, 3 months ago

Law Commission against lowering age of consent under POCSO Act

The Hindu  

September 29, 2023 07:08 pm | Updated September 30, 2023 06:53 am IST - NEW DELHI The government should not tinker with the age of consent — currently 18 years — under the Protection of Children from Sexual Offences Act, the Law Commission said in a report made public on September 29. ‘Tacit approval’ In the report, the Law panel …

S.34(2) POCSO Act Mandatory, Trial Court Bound To Determine Victim's Age When Issue Raised By Accused: Patna High Court
1 year, 3 months ago

S.34(2) POCSO Act Mandatory, Trial Court Bound To Determine Victim's Age When Issue Raised By Accused: Patna High Court

Live Law  

The Patna High Court has overturned conviction in a case involving sexual offenses against a minor due to the failure of the trial court to determine the victim's age, after an issue in that regard was raised by the accused. The Court emphasized that it is the trial court's duty to ascertain the age of the victim, especially when it …

POCSO Act is a gender-neutral legislation: Delhi High Court
1 year, 4 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 …

[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 …

S.21 POCSO Act | Karnataka High Court Refuses To Quash FIR Against Gynaecologist For Failure To Report Sexual Assault On Minor
1 year, 7 months ago

S.21 POCSO Act | Karnataka High Court Refuses To Quash FIR Against Gynaecologist For Failure To Report Sexual Assault On Minor

Live Law  

Merely because it is six months, it cannot be said that the petitioner should be left off the hook at this stage. In this backdrop, a single judge bench of Justice M Nagaprasanna observed, Section 19 of POCSO Act mandates every person who has knowledge that sexual assault on a minor has been committed, to report it to the Special …

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 …

Incomprehensible For A Child To Understand Sexual Act, Can’t Be Tutored: Madras High Court Upholds Rape Conviction, Enhances Sentence
1 year, 8 months ago

Incomprehensible For A Child To Understand Sexual Act, Can’t Be Tutored: Madras High Court Upholds Rape Conviction, Enhances Sentence

Live Law  

While upholding the conviction of a man for sexually assaulting a minor child, the Madras High Court said that a child who is a victim of sexual assault, cannot be tutored to give evidence since it is incomprehensible for a child to understand a sexual act. Justice Anand Venkatesh noted that a child witness would broadly fall under two categories- …

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 …

POCSO Act | Accused Has Statutory Right To Cross Examine Victim But Questions Should Not Reveal Her Identity: Gujarat High Court
1 year, 11 months ago

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

Live Law  

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

Judging a decade of the POCSO Act
1 year, 11 months ago

Judging a decade of the POCSO Act

The Hindu  

Ten years have passed since the Protection of Children from Sexual Offences Act, 2012, enacted in consequence to India’s ratification of the UN Convention on the Rights of the Child in 1992, came into effect on November 14, 2012. Even though the National Crime Records Bureau has not published data on male and female victims separately, in Chhattisgarh, male child …

No plan to revise age of consent, Centre tells Rajya Sabha
2 years ago

No plan to revise age of consent, Centre tells Rajya Sabha

The Hindu  

The government does not yet have a plan to revise the age of consent under the Protection of Children from Sexual Offences Act, 2012 despite appeals from the judiciary to lower it from the current 18 years to 16 years. In response to a question from Communist Party of India MP Binoy Vishwam in the Rajya Sabha on whether the …

Parliament must examine age of consent issue, says Chief Justice of India
2 years ago

Parliament must examine age of consent issue, says Chief Justice of India

The Hindu  

Chief Justice of India D.Y. There is a growing concern surrounding this issue which must be considered by the Legislature,” the CJI said while addressing a national stakeholders’ consultation on the POCSO Act, which completes 10 years. The Madras High Court recently said that it was “eagerly” waiting for the legislature to reduce the age of consent under the POCSO …

POCSO Act can be invoked in case of marriage with a minor girl under Islamic law: HC
2 years, 1 month ago

POCSO Act can be invoked in case of marriage with a minor girl under Islamic law: HC

The Hindu  

The Kerala High Court has held that marriage between a Muslim man and a Muslim minor girl under their personal law is not excluded from the Protection of Children from Sexual Offences Act. The court added that if one of the parties to the marriage is a minor, irrespective of the validity or otherwise of the marriage, offences under POCSO …

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

POCSO and IPC prevail over personal laws: Karnataka High Court
2 years, 2 months ago

POCSO and IPC prevail over personal laws: Karnataka High Court

Deccan Chronicle  

Bengaluru: In two separate cases, the Karnataka High Court has held that the POCSO Act and IPC override Muslim personal law regarding age of marriage. In the first case, the HC rejected the contention that "under Mohammedan Law, the puberty is the consideration for marriage and normal puberty age is treated as 15 years and hence, no commission of offence …

Doctors need not report identity of minors seeking abortion, says Supreme Court
2 years, 3 months ago

Doctors need not report identity of minors seeking abortion, says Supreme Court

The Hindu  

Registered medical doctors are exempt from disclosing to the police the identity of minors who have come in for abortion, Supreme Court directed in a judgment on Wednesday. A registered medical practitioner is obliged under Section 19 of the POCSO Act to report to the police when a minor approaches him or her for an abortion. Chandrachud said in many …

[Sexual Offences] Calcutta HC Issues Slew Of Directions To Special Courts To Ensure Smooth & Prompt Examination Of Minor Victims
2 years, 3 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 Case Against Minor Can Be Quashed On Parties Arriving At Mutual Settlement: Karnataka High Court
2 years, 4 months ago

POCSO Case Against Minor Can Be Quashed On Parties Arriving At Mutual Settlement: Karnataka High Court

Live Law  

The Karnataka High Court on Friday allowed a petition filed by a minor boy and set aside the investigation initiated against him under sections of the Protection of Children from Sexual Offences Act for allegedly sexually assaulting a minor girl, following a mutual settlement having arrived at between the parties. It would not be inapt to notice that young children …

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. …

Margin Of Error In Determining Age By Radiological/ Ossification Test Is Two Years On Either Side: Telangana High Court Overturns POCSO Conviction
2 years, 5 months ago

Margin Of Error In Determining Age By Radiological/ Ossification Test Is Two Years On Either Side: Telangana High Court Overturns POCSO Conviction

Live Law  

Recently, the Telangana High Court overturned the POCSO conviction as the age of the victim girl could be above 18 years of age on applying the margin of error to the age determined by doctor on radiological/ossification examination. The doctor conducted dental and radiological examination of victim girl and opined that she was aged more than 16 years but less …

Minor's Deposition Should Be Completed Expeditiously, Bombay High Court Seeks Explanation From Trial Judge On Delay
2 years, 11 months ago

Minor's Deposition Should Be Completed Expeditiously, Bombay High Court Seeks Explanation From Trial Judge On Delay

Live Law  

The Bombay High Court has said that in cases under the Protection of Children from Sexual Offences Act, where the victims are minor, the trial court should complete the deposition of the victim as expeditiously as possible. The court, in the case at hand, has also called for a report from the concerned trial court since there was no progress …

New abortion rules recognise minors as vulnerable, seek to make services more accessible to them
3 years, 2 months ago

New abortion rules recognise minors as vulnerable, seek to make services more accessible to them

The Hindu  

The new abortion rules notified by the Government recently recognise minors as a vulnerable category and seek to make services more accessible to them. The Medical Termination of Pregnancy Amendment Rules, 2021, define new categories of vulnerable women who are allowed termination up to 24 weeks upon meeting certain conditions and with the permission of two doctors. We need to …

Madras High Court Finds Erroneous Application Of POCSO Act Provisions By Trial Court
3 years, 5 months ago

Madras High Court Finds Erroneous Application Of POCSO Act Provisions By Trial Court

Live Law  

The Madras High Court vide its recent judgement dated July 7 observed that judges presiding over special courts dealing with cases under the Protection of Children from Sexual Offences Act, 2012 must undergo compulsory training and sensitisation on how to properly adjudicate such sensitive cases. In the instant case the Sessions Court had wrongly invoked Sections 7 and 8 of …

The Evidence Of Approximate Age Of Prosecutrix Cannot Take The Place Of Proof Of Exact Age: Patna High Court Acquits Accused In POCSO Case
3 years, 6 months ago

The Evidence Of Approximate Age Of Prosecutrix Cannot Take The Place Of Proof Of Exact Age: Patna High Court Acquits Accused In POCSO Case

Live Law  

The evidence of approximate age of the prosecutrix cannot take the place of proof of exact age, the Patna High Court observed while acquitting an accused in a POCSO case.Arjun, the accused, was found guilty of rape of a girl aged about 13 years. The evidence of approximate age of the prosecutrix cannot take the place of proof of exact …

POCSO- "Right Of Minor Victims To Participate In The Judicial Process"- Bombay High Court Issues Guidelines
3 years, 9 months ago

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

Live Law  

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

Parliamentary panel suggests reducing age of trial under POCSO Act to 16 years
3 years, 9 months ago

Parliamentary panel suggests reducing age of trial under POCSO Act to 16 years

Op India  

A parliamentary panel comprising of MPs from Rajya Sabha and Lok Sabha made an observation that stated, minor sexual offenders may be prone to conduct more heinous crimes if left uncounseled. Noting an increase in cases filed under POCSO Act where the age of the accused was under 18 years, the committee has submitted a report ‘Atrocities Against Women and …

POCSO Act : Kerala High Court Upholds Constitutionality Of Reverse Burden Of Proof Under Sections 29 & 30
4 years, 1 month ago

POCSO Act : Kerala High Court Upholds Constitutionality Of Reverse Burden Of Proof Under Sections 29 & 30

Live Law  

In a notable judgment, the Kerala High Court has upheld the constitutional validity of Sections 29 and 30 of the Protection of Children from Sexual Offences Act which creates a reverse burden of proof on the accused.A single bench of Justice Sunil Thomas rejected the arguments that these provisions violated fundamental rights under Articles 14, 20 and 21 of the …

Madras HC Suggests To Exclude Consensual Sex With Girl Aged Above 16 From Rigours Of POCSO Act [Read Judgment]
5 years, 8 months ago

Madras HC Suggests To Exclude Consensual Sex With Girl Aged Above 16 From Rigours Of POCSO Act [Read Judgment]

Live Law  

The Madras High Court has suggested to redefine the definition of 'Child' under Section 2 of the POCSO Act as a person below 16 years of age instead of 18 years so that any consensual sex after the age of 16 or bodily contact or allied acts can be excluded from the rigorous provisions of the POCSO Act. Though under …

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