Madhya Pradesh HC Notice To NCPCR, State Commission On PIL Seeking Strict Compliance Of Section Mandating Public Awareness Of POCSO Act
2 months ago

Madhya Pradesh HC Notice To NCPCR, State Commission On PIL Seeking Strict Compliance Of Section Mandating Public Awareness Of POCSO Act

Live Law  

The Madhya Pradesh High Court has issued notice to the National Commission for Protection of Child Rights and Madhya Pradesh State Commission for Protection of Child Rights in a Public Interest Litigation plea seeking strict and monitored compliance of Section 43 of the POCSO Act. Section 43 states that Centre and every State government will take all measures to ensure that the provisions of Act are given wide publicity through media including the television, radio and the print media at regular intervals to make the general public, children as well as their parents and guardians aware of the provisions of POCSO Act. A division bench of Chief Justice Suresh Kumar Kait and Justice Vivek Jain observed, “On taking steps, let notice be served upon respondents No.3/ National Commission for Protection of Child Rights and 6/Madhya Pradesh State Commission for Protection of Child Rights and on receipt of notice said respondents are also directed to file response to the petition within two weeks. Rejoinder thereto, if any, within one week thereafter.” The court passed the order in a Public Interest Litigation petition filed with an object of ensuring strict, meaningful and regularly monitored compliance of the statutory obligation contained in Section 43 POCSO Act.

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History of this topic

Gauhati High Court Notifies Directions To Mandate Production Of Child Abuse Victim Before Child Welfare Committee U/S 19(6) Of POCSO Act
2 months, 1 week ago

Gauhati High Court Notifies Directions To Mandate Production Of Child Abuse Victim Before Child Welfare Committee U/S 19(6) Of POCSO Act

Live Law  

The Gauhati High Court recently issued a Notification pursuant to the directions of the Supreme Court in In Re: Right to Privacy of Adolescents, Suo Moto Writ Petition No. 3/2023, wherein the Apex Court had observed that at grassroots level, Section 19 of the POCSO Act is not being implemented The Notification which shall come into effect immediately, reads as …

Mandate U/S 19 POCSO Act To Report Offence Is To Be Performed By A Person In Personal Capacity: Kerala HC Quashes Case Against Ex-CWC Head
Trending News
2 months, 2 weeks ago

Mandate U/S 19 POCSO Act To Report Offence Is To Be Performed By A Person In Personal Capacity: Kerala HC Quashes Case Against Ex-CWC Head

Live Law  

The Kerala High Court observed that the mandate of reporting offences provided under Section 19 of the Protection of Children from Sexual Offences Act, 2012 is not of an official character and the person has to report it in his personal capacity. “Section 19 of the POCSO Act casts a mandate on any person to report the commission of an …

Gujarat HC raps law machinery for invoking POCSO Act in molestation case 8 years after FIR
2 months, 3 weeks ago

Gujarat HC raps law machinery for invoking POCSO Act in molestation case 8 years after FIR

Hindustan Times  

Ahmedabad, The Gujarat High Court has berated the police and prosecution for invoking sections of the Protection of Children from Sexual Offences Act against four men in a molestation case eight years after the FIR was filed and when the trial was near completion. The court said the investigating agency as well as prosecution prima facie failed to discharge their …

Rise In Sexual Offences Against Children Serious: Madhya Pradesh HC Initiates Suo Motu PIL, Questions Centre/State On POCSO Act Implementation
3 months, 1 week 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 …

Before Starting Enquiry, ICC Can Try To Settle POSH Act Case: Madhya Pradesh HC Allows NIT Asst Prof's Plea Against Dismissal From Service
4 months ago

Before Starting Enquiry, ICC Can Try To Settle POSH Act Case: Madhya Pradesh HC Allows NIT Asst Prof's Plea Against Dismissal From Service

Live Law  

“It is clear that no procedure was followed by the respondents as provided under Rule 14 of Rules of 1965…the enquiry is nothing but an eye wash because the same was conducted without following any procedure which had to be mandatorily followed. The witnesses did not physically appear before the Enquiry Officer and no opportunity to cross-examine those witnesses is …

Proclamation | Before Exercising Powers U/S 82, 83 CrPC Court Should Be Satisfied That Accused Is Absconding: Jharkhand High Court Reiterates
11 months, 2 weeks ago

Proclamation | Before Exercising Powers U/S 82, 83 CrPC Court Should Be Satisfied That Accused Is Absconding: Jharkhand High Court Reiterates

Live Law  

The Jharkhand High Court has made it clear that before issuing a proclamation under Section 82 of the Cr.P.C, Court must adequately record satisfaction regarding the accused's absconding status or that accused is concealing themselves to evade arrest. Justice Anil Kumar Choudhary observed, “the learned Special Judge, POCSO Act Cases, Chatra has not categorically recorded its satisfaction that the petitioner …

[POCSO Act] Mandatory For Any Person Having Knowledge Of Offence To Inform Police Authorities: Punjab & Haryana High Court
1 year 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 Act | Repeatedly Following, Watching Or Contacting Child With Sexual Intent Amounts To Sexual Harassment : Jharkhand High Court
1 year, 2 months 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, 3 months 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 …

Karnataka High Court Quashes POCSO Case Against Man Who Dropped Minor Victim At Her Home On Instructions Of Main Accused
1 year, 9 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 …

Delhi HC Seeks Centre's Stand on Plea Against Mandatory Reporting of POCSO Offences
2 years, 1 month 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] MP High Court Upholds Closure Of Rights Of Accused To Cross-Examine Prosecutrix Owing To Their Dilatory Tactics
2 years, 3 months 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- …

PIL seeks speedy trial of POCSO cases, Bombay HC asks petitioner to approach ad-hoc committee
2 years, 6 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 …

'Directions May Be Passed On Administrative Side': Bombay High Court On PIL For Timely Recording Of POCSO Victim's Testimony
2 years, 6 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 …

Himachal Pradesh High Court Issues Directions To POCSO Courts For Protection Of Identity Of Rape, Sexual Offence Victims
2 years, 6 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 …

Notice Of Proceeding Under Section 11 Of The A&C Act Is A Mandatory Requirement: Madhya Pradesh High Court
2 years, 7 months ago

Notice Of Proceeding Under Section 11 Of The A&C Act Is A Mandatory Requirement: Madhya Pradesh High Court

Live Law  

The Madhya Pradesh High Court has held that it is mandatory for a High Court to issue notice of application under Section 11 of the A&C Act and non-compliance of which would vitiate the entire proceeding for appointment of arbitrator. The High Court did not issue a notice of proceeding under Section 11 of the A&C Act, however, at the …

All High Courts Weekly Round Up [July 25, 2022 - July 31, 2022]
2 years, 7 months ago

All High Courts Weekly Round Up [July 25, 2022 - July 31, 2022]

Live Law  

Allahabad High Court NOMINAL INDEX Srinivas And Ors. Allahabad High Court Case Title : VAISHALI VARSHIKAR v VIJAY MOURYA and anr Citation: 2022 LiveLaw 177 The Madhya Pradesh High Court, Indore Bench, recently rejected an application for cancellation of bail of a person on the ground that his bail order had not conditioned him to not get involved in any …

Supreme Court Admonishes Himachal Pradesh Govt For 636 Day Delay In Filing Appeal Against 2018 POCSO Order
3 years, 7 months ago

Supreme Court Admonishes Himachal Pradesh Govt For 636 Day Delay In Filing Appeal Against 2018 POCSO Order

Live Law  

The Supreme Court on Monday admonished the State of Himachal Pradesh for a delay of 636 days in filing an appeal against a High Court order acquitting an accused in a case under the Protection of Children against Sexual Offences Act, 2012. The Court also took serious objections when the State government tried to cite the ongoing Covid-19 pandemic as …

POCSO Accused Not Entitled To Bail Merely On Ground Of Non-Compliance Of Section 35 : Karnataka High Court
3 years, 10 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 …

POCSO- "Right Of Minor Victims To Participate In The Judicial Process"- Bombay High Court Issues Guidelines
3 years, 11 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 …

Supreme Court stays Bombay HC order on ‘skin-to-skin’ contact for sexual assault under POCSO Act
4 years, 2 months ago

Supreme Court stays Bombay HC order on ‘skin-to-skin’ contact for sexual assault under POCSO Act

The Hindu  

The Supreme Court has stayed a controversial Bombay High Court verdict, which acquitted a man found guilty of assault under Protection of Children from Sexual Offences Act on the grounds that he groped his victim over her clothes and there was no ‘skin-to-skin’ contact between them. Venugopal made a special mention in court, saying the High Court decision would set …

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

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 …

Ensure Women Employees Get Child Care Leave: MP HC Asks State [Read Order]
7 years, 3 months ago

Ensure Women Employees Get Child Care Leave: MP HC Asks State [Read Order]

Live Law  

The Madhya Pradesh High Court has directed the Chief Secretary of the state government to issue directions to all concerned to ensure that women employees get child care leave.The court took a tough view on a petition filed by a woman employee seeking direction to the authorities to grant her child care leave.Issuing directives to the Chief Secretary of the …

Ensure Women Employees Get Child Care Leave: MP HC Asks State [Read Order]
7 years, 3 months ago

Ensure Women Employees Get Child Care Leave: MP HC Asks State [Read Order]

Live Law  

The Madhya Pradesh High Court has directed the Chief Secretary of the state government to issue directions to all concerned to ensure that women employees get child care leave.The court took a tough view on a petition filed by a woman employee seeking direction to the authorities to grant her child care leave.Issuing directives to the Chief Secretary of the …

POCSO cases: Karnataka High Court faults special courts
7 years, 8 months ago

POCSO cases: Karnataka High Court faults special courts

Deccan Chronicle  

Bengaluru: Expressing concern over the manner in which child sexual abuse cases were being tried by Special Courts, the High Court has passed directions especially with regard to the recording of evidence of child victims. “Day in and day out, bail petitions are moved before the High Court in respect of the cases registered on the allegation of the offences …

Appoint Special Prosecutors For POCSO Cases: SC to HCs [Read Petition]
7 years, 11 months ago

Appoint Special Prosecutors For POCSO Cases: SC to HCs [Read Petition]

Live Law  

Chief Justice of India J S Khehar's bench directed high court chief justices of 12 states and two Union territories to take suo motu action and appoint special public prosecutors to deal with cases of crime against children. "We are satisfied that the issue is extremely important and needs immediate implementation of the Act.We consider it most appropriate to direct …

Protection Of Lawyers: MP HC Directs Govt. To Set Up A Committee [Read Order]
8 years, 1 month ago

Protection Of Lawyers: MP HC Directs Govt. To Set Up A Committee [Read Order]

Live Law  

The Madhya Pradesh High Court has directed the Madhya Pradesh government to set up a committee to deliberate with the stake holders on issue of having the statutory provisions for protection of lawyers.In addition the court directed the bar associations in Jabalpur, Gwalior and Indore and the amicus curiae advocate to submit their suggestions to the advocate general in this …

Protection Of Lawyers: MP HC Directs Govt. To Set Up A Committee [Read Order]
8 years, 1 month ago

Protection Of Lawyers: MP HC Directs Govt. To Set Up A Committee [Read Order]

Live Law  

The Madhya Pradesh High Court has directed the Madhya Pradesh government to set up a committee to deliberate with the stake holders on issue of having the statutory provisions for protection of lawyers.In addition the court directed the bar associations in Jabalpur, Gwalior and Indore and the amicus curiae advocate to submit their suggestions to the advocate general in this …

Bombay HC Finds POCSO Judge Biased Against Accused, Transfers The Case [Read Judgment]
8 years, 2 months ago

Bombay HC Finds POCSO Judge Biased Against Accused, Transfers The Case [Read Judgment]

Live Law  

The single bench of Justice AM Badar of the Bombay High Court has allowed the application filed by an accused under Protection of Children from Sexual Offences Act to transfer his case before another judge alleging bias on part of the current designated under the said act.Court was hearing the application filed under Section 407 of the Code of Criminal …

Bombay HC issues directions for proper functioning of State Commission for Protection of Child Rights [Read Judgment]
8 years, 9 months ago

Bombay HC issues directions for proper functioning of State Commission for Protection of Child Rights [Read Judgment]

Live Law  

The High Court of Bombay recently issued directions for proper functioning of the State Commission, to be constituted under the Commissions for Protection of Child Rights Act, 2005.The Court was hearing a PIL filed by the NGO, Forum for Fairness in Education, alleging that the provisions of the Act are not being implemented in its letter and spirit in the …

Bombay HC issues directions for proper functioning of State Commission for Protection of Child Rights [Read Judgment]
8 years, 9 months ago

Bombay HC issues directions for proper functioning of State Commission for Protection of Child Rights [Read Judgment]

Live Law  

The High Court of Bombay recently issued directions for proper functioning of the State Commission, to be constituted under the Commissions for Protection of Child Rights Act, 2005.The Court was hearing a PIL filed by the NGO, Forum for Fairness in Education, alleging that the provisions of the Act are not being implemented in its letter and spirit in the …

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