When Conviction Is Under Both POCSO Act & IPC, Offender Liable To Be Sentenced Under Provision Prescribing Higher Punishment : Supreme Court
1 week, 5 days ago

When Conviction Is Under Both POCSO Act & IPC, Offender Liable To Be Sentenced Under Provision Prescribing Higher Punishment : Supreme Court

Live Law  

The Supreme Court clarified that when a person is convicted for an offence under both the Protection of Children from Sexual Offences Act, 2012 and the rape provisions of the IPC, Section 42 of the POCSO Act mandates the imposition of the higher degree of punishment prescribed either under the POCSO Act or Indian Penal Code. “Section 42 specifically deals with the quantum of punishment mandating that when a particular act or omission constitutes an offence, both under the POCSO Act and also under the provisions of the IPC or the Information Technology Act, 2000 then, the offender found guilty of the offence would be liable to punishment under the POCSO Act or under the provisions of the IPC whichever provides a punishment of a greater degree.”, the Court observed “Section 42A of POSCO Act, on the other hand, deals with the procedural aspects and gives an overriding effect to the provisions of the POCSO Act over any other law for the time being in force where the two acts are inconsistent with each other. Following the mandate of Section 42 of the POCSO Act, the trial court sentenced the appellant to suffer life imprisonment under the IPC and imposed a fine. “The High Court, while deciding the appeal against conviction preferred by the appellant, observed that the sentence of life imprisonment awarded by the trial Court for the offences punishable under Sections 376 and 376 of IPC would extend to the remainder of the natural life of the appellant.

Supreme Court Life Court Punishment Indian Penal Code State Ipc Act Pocso Higher 10 Years Sentence Pocso Act Provision Appellant Sections Life Imprisonment Imprisonment Section 42 Natural Life His Natural Life Section 42A  sections  imprisonment  punishment  sentence  sentenced  higher  act  provision  supreme  liable  ipc  court  pocso  appellant  life  prescribing  offender

History of this topic

Men gets lifer for sodomising, killing boy in 2018
1 week, 3 days ago

Men gets lifer for sodomising, killing boy in 2018

Hindustan Times  

New Delhi, A Delhi court has convicted a man in a case of sodomy and murder of a 10-year-old boy in 2018 and sentenced him to life imprisonment. Men gets lifer for sodomising, killing boy in 2018 Additional sessions judge Susheel Bala Dagar said death penalty wasn't warranted owing to the possibility of the convict's reformation and the case didn't …

[S.377 IPC Attempt] Crimes Against Women & Children On The Rise, Releasing Convict On Probation Will Send Wrong Message: Kerala High Court
1 week, 5 days ago

[S.377 IPC Attempt] Crimes Against Women & Children On The Rise, Releasing Convict On Probation Will Send Wrong Message: Kerala High Court

Live Law  

The Kerala High Court has refused to invoke the provisions of the Probation of Offenders Act in the benefit of a man convicted by the Trial Court under Section 377 and 506 of IPC. Court said, “But in the light of the nature of the offences committed, I do not think that the benevolent provisions require to be invoked because …

POCSO court convicts five for sexual abuse of minor girl
2 weeks, 4 days ago

POCSO court convicts five for sexual abuse of minor girl

The Hindu  

A special fast-track court set up under the Protection of Children from Sexual Offences Act at Perumbavoor on Monday sentenced five accused to imprisonment, including three to life imprisonment, in a case of sexual abuse of a 14-year-old girl. Farhad Khan was acquitted in one case but sentenced to life imprisonment until death and 60 years of rigorous imprisonment with …

Juvenile tried as adult, gets 20-yr jail in rape case
1 month ago

Juvenile tried as adult, gets 20-yr jail in rape case

New Indian Express  

LUCKNOW: A special POCSO court, on Monday, sentenced a juvenile to 20 years of imprisonment in connection with his involvement in the rape of the three-year old girl. Special POCSO court judge Vijendra Tripathi clarified that if the convict failed to deposited the penalty, he would have to serve three additional months in jail. However, considering the crime as heinous, …

Court sentences man to 20 years rigorous RI in POCSO case
1 month, 3 weeks ago

Court sentences man to 20 years rigorous RI in POCSO case

Deccan Chronicle  

Hyderabad: A special court for POCSO Act cases sentenced a 32-year-old person to 20 years rigorous imprisonment for raping a five-year-old girl at his house in Secunderabad in November 2023. Special Sessions Judge for POCSO Act cases, B. Pushpalatha, held the accused guilty for the offence punishable under Section 5 read with Section 6 of POCSO Act and Section 376-AB …

20 Yrs Sentence U/S 4(2) POCSO Act Can't Be Imposed When Accused Was Booked Only U/S 4: Gauhati High Court
3 months, 3 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 …

S. 307 IPC | Sentencing Court Not Imposing Life Imprisonment On Convict Cannot Impose Sentence Beyond 10 Years: Supreme Court
7 months, 3 weeks ago

S. 307 IPC | Sentencing Court Not Imposing Life Imprisonment On Convict Cannot Impose Sentence Beyond 10 Years: Supreme Court

Live Law  

The Supreme Court held that when the sentencing court doesn't deem fit to impose a life sentence for committing an offence of attempt to murder, then the maximum sentence that can be imposed on the convict for committing an offence of attempt to murder could not extend beyond the period of 10 years. In essence, the court said that the …

Karnataka HC reduces life sentence in POCSO case; cites lack of justification
8 months, 3 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 …

[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
1 year 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 …

Life Convicts Have No Inherent Right To Claim Premature Release: Punjab & Haryana High Court
1 year, 6 months ago

Life Convicts Have No Inherent Right To Claim Premature Release: Punjab & Haryana High Court

Live Law  

The Punjab & Haryana High Court has made it clear that a life convict has no inherent right to claim premature release as it is merely a concession, granted at the discretion of the State government after looking into various factors such as the conduct of the convict in jail, gravity and nature of the offence etc.The bench of Justice …

​Uttar Pradesh: POCSO court sentences juvenile to life imprisonment in gang-rape, double murder case
1 year, 6 months ago

​Uttar Pradesh: POCSO court sentences juvenile to life imprisonment in gang-rape, double murder case

India TV News  

A POCSO court in Uttar Pradesh’s Lakhimpur Kheri on Friday sentenced a juvenile to life imprisonment in a gang-rape and double-murder case. Special public prosecutor Brijesh Kumar Pandey said that after holding the juvenile guilty on August 22, the special POCSO court of Additional District Judge Rahul Singh pronounced the sentences on Friday under various sections in which he was …

POCSO Act | Courts Cannot Impose Less Than Minimum Sentence Prescribed : Supreme Court
1 year, 8 months ago

POCSO Act | Courts Cannot Impose Less Than Minimum Sentence Prescribed : Supreme Court

Live Law  

The Supreme Court observed that the Courts cannot impose sentence lesser than the minimum punishments prescribed in POCSO Act.The POCSO Act was enacted to provide more stringent punishments for the offences of child abuse of various kinds, the bench of Justices Abhay S. Oka and Rajesh Bindal observed.In this case, the Trial Court sentenced the accused to rigorous imprisonment for …

Accused in POCSO case gets life sentence, 15 years jail
2 years, 1 month ago

Accused in POCSO case gets life sentence, 15 years jail

Deccan Chronicle  

KAKINADA: First Additional District Judge of Rajamahendravaram has sentenced a murder-convict to life imprisonment and 15 years of jail under four different sections. According to the town police, Mukkudupallil Naveen Kumar alias Naveen, a painter, used to follow a minor girl, studying Class X, in the Municipal High School there and told her he was loving her deeply. The judge …

[POCSO Act] Special Court Cannot Impose Sentence Lower Than Minimum Punishment Prescribed: Karnataka High Court
2 years, 2 months ago

[POCSO Act] Special Court Cannot Impose Sentence Lower Than Minimum Punishment Prescribed: Karnataka High Court

Live Law  

The Karnataka High Court has enhanced the sentence of five years imposed by the special court on an accused convicted under the Protection of Children From Sexual Offences, Act, observing that when the statute has prescribed a minimum sentence of seven years for the offence punishable, the Special Judge did not have any power whatsoever to reduce minimum sentence to …

POCSO Convict Serving Life Sentence Granted 15-Day Parole By Rajasthan High Court For The Purpose Of Progeny
2 years, 5 months ago

POCSO Convict Serving Life Sentence Granted 15-Day Parole By Rajasthan High Court For The Purpose Of Progeny

Live Law  

The Rajasthan High Court on Friday granted 15-day parole to a life convict on a petition filed by his wife, who is issueless and is desirous of retaining/maintaining her marriage with the convict and preserving her lineage.The bench of Justice Sandeep Mehta and Justice Sameer Jain took into account the young age of the convict-petitioner and ordered to release him …

Seven Years After Release, Delhi High Court Sentences Man To 5 Years In Jail For Sexual Assault Of 4-Year-Old
2 years, 5 months ago

Seven Years After Release, Delhi High Court Sentences Man To 5 Years In Jail For Sexual Assault Of 4-Year-Old

Live Law  

More than 7 years after he was released on probation — even though he had spent just nine months in jail, the Delhi High Court has sentenced the man to five years rigorous imprisonment for sexually assaulting a four-year-old minor victim.The man was convicted for the offences under Section 363 of Indian Penal Code, 1860 and Section 10 of Indian …

Half of Life Imprisonment Is 10 Years for POCSO Offences: Bombay High Court
2 years, 5 months ago

Half of Life Imprisonment Is 10 Years for POCSO Offences: Bombay High Court

Live Law  

The Bombay High Court sentenced a convict to one half of life imprisonment under the POCSO Act, who will have to undergo a sentence of 10-years. The court was seized with a query by the Superintendent of Kolhapur prison who sought interpretation of the High Court's 2018 order sentencing a convict to "one half life imprisonment" in a Protection of …

Why Madras HC Released a Woman Held for Killing Her Daughters on Probation
2 years, 7 months ago

Why Madras HC Released a Woman Held for Killing Her Daughters on Probation

The Quint  

Under Section 4 of the The Probation of Offenders Act, a court of law has the power to release certain offenders on probation of good conduct when the court opines that, having regard to the circumstances of the case including the nature of the offence and the character of the offender, it is expedient to release them. While Section 302 …

POCSO Act Not In Derogation Of Any Other Law, Has Overriding Effect In Case Of Inconsistency: Karnataka High Court
2 years, 10 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 …

"Every Sinner Has A Future": Supreme Court Commutes Death Sentence Imposed On Man For Rape & Murder Of 4 Year Old Girl
2 years, 11 months ago

"Every Sinner Has A Future": Supreme Court Commutes Death Sentence Imposed On Man For Rape & Murder Of 4 Year Old Girl

Live Law  

The Supreme Court has commuted the death sentence awarded to a man accused of rape and murder of four year old girl.The bench comprising Justices UU Lalit, S. Ravindra Bhat and Bela M. Trivedi observed that the maximum punishment prescribed may not always be the determinative factor for repairing the crippled psyche of the offender.The Trial Court had awarded death …

Benefit of Section 57IPC Not Available Merely On Ground Of Being In Jail For 18 Yrs: Allahabad HC Dismisses Murder Convicts' Appeal
3 years ago

Benefit of Section 57IPC Not Available Merely On Ground Of Being In Jail For 18 Yrs: Allahabad HC Dismisses Murder Convicts' Appeal

Live Law  

Upholding the life imprisonment sentence of 5 convicts in connection with a 2003 murder case, the Allahabad High Court recently observed that the benefit provided under section 57 IPC cannot be extended to the appellants merely on the ground that they are languishing in jail for about 18 years.Having analyzed the facts and circumstances of the Case, the Bench of …

Purpose Of POCSO Act Is To Treat Minors As A Class By Itself So That An Attempt To Sexual Assault Or Molest Minors Entails Graver Consequences: Delhi HC
3 years, 3 months ago

Purpose Of POCSO Act Is To Treat Minors As A Class By Itself So That An Attempt To Sexual Assault Or Molest Minors Entails Graver Consequences: Delhi HC

Live Law  

The Delhi High Court has observed that the purpose of the POCSO Act is to treat minors as a separate class by itself so that an attempt to sexually assault or molest or abuse the minor entails graver and stricter consequences. 6 of the POCSO Act is life imprisonment extending upto the natural life of the accused, therefore, bail ought …

"Section 3(2)(V) of SC/ST Act Will Not Attract Automatically": Supreme Court Considers Modifying Life Sentence Of Rape Convict
3 years, 11 months ago

"Section 3(2)(V) of SC/ST Act Will Not Attract Automatically": Supreme Court Considers Modifying Life Sentence Of Rape Convict

Live Law  

"Section 3 of the SC/ST Act will not be attracted automatically because the victim belongs to such and such category. On Monday, the bench took note of a 2019 judgment of the top cour t, by a bench headed by Justice R. Banumathi, where the court had reduced the sentence of life imprisonment of a murder convict to the sentence …

Benefit Of Probation (PO Act) Is Not Excluded By Mandatory Minimum Sentences Prescribed For IPC Offences: Supreme Court
4 years, 2 months ago

Benefit Of Probation (PO Act) Is Not Excluded By Mandatory Minimum Sentences Prescribed For IPC Offences: Supreme Court

Live Law  

The Supreme Court has observed that the benefit of probation under Probation of Offenders Act, 1958 is not excluded by the provisions of the mandatory minimum sentence prescribed for offences under Indian Penal Code.In this case, the accused were convicted under Section 397 IPC and were sentenced to undergo Rigorous Imprisonment of 7 years each. The Supreme Court has observed …

SC Upholds Madras HC's Interpretation Of TN Prison Rules For Premature Release,Quashes General Direction
6 years, 1 month ago

SC Upholds Madras HC's Interpretation Of TN Prison Rules For Premature Release,Quashes General Direction

Live Law  

The Supreme Court recently upheld the Madras High Court ruling that irrespective of the nature of the offence committed, if a prisoner is a life convict, he will be eligible as per the Tamil Nadu Prison Rules, 1983, for consideration for premature release on his completing 14 years of actual imprisonment. However, the bench comprising CJI Ranjan Gogoi, Justice L …

Supreme Court Directs HC Registrars To Give The Details Of District Wise Pendency Of POCSO Cases
7 years ago

Supreme Court Directs HC Registrars To Give The Details Of District Wise Pendency Of POCSO Cases

Live Law  

The Supreme Court bench of Chief Justice Dipak Misra, Justice D. Y. Chandrachud and Justice A. M. Khanwilkar on Monday directed the Registrars General of all High Courts to give intimation to the registry of the apex court of the district wise pendency of the cases under the Protection of Children from Sexual Offences Act of 2012, along with the …

Supreme Court Directs HC Registrars To Give The Details Of District Wise Pendency Of POCSO Cases
7 years ago

Supreme Court Directs HC Registrars To Give The Details Of District Wise Pendency Of POCSO Cases

Live Law  

The Supreme Court bench of Chief Justice Dipak Misra, Justice D. Y. Chandrachud and Justice A. M. Khanwilkar on Monday directed the Registrars General of all High Courts to give intimation to the registry of the apex court of the district wise pendency of the cases under the Protection of Children from Sexual Offences Act of 2012, along with the …

Period Undergone By A Convict While He Was In Detention As Under Trial Could Be Set Off Under Section 428 CrPC: SC [Read Judgment]
7 years, 4 months ago

Period Undergone By A Convict While He Was In Detention As Under Trial Could Be Set Off Under Section 428 CrPC: SC [Read Judgment]

Live Law  

In State of UP Vs. Tribhuwan, the Supreme Court has held that period already undergone by a convict while he was in detention, as under-trial and as convict, could be treated as jail sentence once awarded to him and its benefit by way of set off could be given to him under Section 428 of Code.The state had, before the …

Period Undergone By A Convict While He Was In Detention As Under Trial Could Be Set Off Under Section 428 CrPC: SC [Read Judgment]
7 years, 4 months ago

Period Undergone By A Convict While He Was In Detention As Under Trial Could Be Set Off Under Section 428 CrPC: SC [Read Judgment]

Live Law  

In State of UP Vs. Tribhuwan, the Supreme Court has held that period already undergone by a convict while he was in detention, as under-trial and as convict, could be treated as jail sentence once awarded to him and its benefit by way of set off could be given to him under Section 428 of Code.The state had, before the …

Discover Related