HC refuses to stop POCSO-accused woman’s access to minor daughter
5 days, 10 hours ago

HC refuses to stop POCSO-accused woman’s access to minor daughter

Hindustan Times  

MUMBAI: The Bombay high court on Tuesday refused to interfere with a Pune family court order, setting out an arrangement of sequential alternate access to a minor girl child, of 15 days each between her father and mother. A vacation bench of justice Somasekhar Sundaresan refused to pass any interim order on the petition filed by the woman’s estranged husband, challenging an order of the Family Court at Pune, setting out the arrangement of sequential alternate access to their minor girl child. In this backdrop, after a round of litigation which went up till the Supreme Court, the girl’s father approached the high court, challenging a December 9, 2024, order of the Family Court, primarily objecting to granting his estranged wife overnight access to the girl child, especially because she was booked for a serious crime, allegedly committed on the girl child. The court said the male friend of the woman, named as the principal accused in the POCSO case, shall not enter the premises when the child stays with her mother for the 15-day period.

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History of this topic

HC upholds life sentence of man for sexual assault of 2-yr-old daughter
5 days, 10 hours ago

HC upholds life sentence of man for sexual assault of 2-yr-old daughter

Hindustan Times  

MUMBAI: The Bombay high court recently upheld the life sentence of a man for sexually assaulting his two-and-a-half-year-old daughter. The trial court had convicted the father for repeatedly committing rape on his own daughter and had imposed life sentence on him. In the high court, additional public prosecutor Dr. Ashvini Takalkar inferred the guilt of the father by presenting medical …

Custody Orders Must Be Respected Unless Challenged And Modified By Higher Court: Jharkhand HC Directs Mother To Handover Son To Father
2 weeks, 6 days ago

Custody Orders Must Be Respected Unless Challenged And Modified By Higher Court: Jharkhand HC Directs Mother To Handover Son To Father

Live Law  

Highlighting that a custody order, unless challenged or modified by a higher court, must be respected, the Jharkhand High Court upheld a family court's order granting custody of a minor boy to his father. The above ruling came in a writ petition filed by the father seeking recovery of his son claiming that his wife took away their child despite …

In-Laws Keeping Young Child Away From Mother In Defiance Of Court Order Is Cruelty U/S 498A IPC: Bombay High Court
3 weeks, 2 days ago

In-Laws Keeping Young Child Away From Mother In Defiance Of Court Order Is Cruelty U/S 498A IPC: Bombay High Court

Live Law  

In a significant ruling, the Aurangabad bench of the Bombay High Court on Wednesday held that keeping a minor child away from the mother in defiance of a court order would amount to mental harassment and cruelty. The bench noted that the husband had taken along with him, his four year old daughter, despite a clear order from a Family …

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 …

Bombay High Court asks Maharashtra child welfare panel to decide custody of teen sex trafficking survivor
1 month, 1 week ago

Bombay High Court asks Maharashtra child welfare panel to decide custody of teen sex trafficking survivor

India Today  

The Bombay High Court has directed the Maharashtra Child Welfare Committee to decide the custody of a 15-year-old girl who was rescued from a prostitution ring. The Rescue Foundation argued that the father was complicit in forcing the girl into prostitution and alleged that the sessions court’s order was illegal, as it overstepped the jurisdiction of the Child Welfare Committee. …

Court acquits man in POCSO case filed by girlfriend’s father
1 month, 1 week ago

Court acquits man in POCSO case filed by girlfriend’s father

Hindustan Times  

MUMBAI: A special POCSO court in Dindoshi last month acquitted a 32-year-old man from Kurla, almost seven years after he was charged under the POCSO act, based on the complaint filed by the father of a girl, who had alleged that the man kidnapped his daughter and sexually harassed her. Court acquits man in POCSO case filed by girlfriend’s father …

Thane Police moves High Court for custody of Shinde Sena worker in Pocso case
1 month, 2 weeks ago

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

India Today  

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

School Girls Allegedly Forced To Remove Clothes For Phone Search: HC Issues Contempt Notice To Indore Police Commissioner For Not Filing Report
1 month, 2 weeks ago

School Girls Allegedly Forced To Remove Clothes For Phone Search: HC Issues Contempt Notice To Indore Police Commissioner For Not Filing Report

Live Law  

In a case concerning a government school teacher allegedly forcing minor girls to remove their clothes to search for a mobile phone, the Indore bench of the Madhya Pradesh High Court issued a show-cause notice to the city Police Commissioner to explain why contempt proceedings should not be initiated against him for not complying with its order. “Let a show-cause …

'Forcing Daughter-In-Law Into Sexual Relationship Is Remarkably Depraved': P&H HC Denies Pre-Arrest Bail To Father-In-Law
1 month, 3 weeks ago

'Forcing Daughter-In-Law Into Sexual Relationship Is Remarkably Depraved': P&H HC Denies Pre-Arrest Bail To Father-In-Law

Live Law  

The Punjab & Haryana High Court has refused to grant anticipatory bail to a man who was accused of sexually harassing his daughter-in-law, observing that the severity of the allegations levelled against him, granting a protective order could hinder the ability of the investigating agency to unravel the entire truth.Justice Sumeet Goel said, "The decorum and dignity of this bond …

Bombay High Court upholds teenager’s right to reproductive freedom
3 months, 4 weeks ago

Bombay High Court upholds teenager’s right to reproductive freedom

The Hindu  

The Bombay High Court on Thursday permitted a 17-year-old sexual abuse survivor to continue her pregnancy noting that it was conscious of her reproductive freedom and right to choice. Supporting the teenager girl’s change of decision who initially was seeking for an abortion and later decided to carry the pregnancy with an intention to marry the person who she had …

Madras HC Quashes POCSO Case Against Woman Who Alleged Mother & Sister Illegaly Retained Her Daughter's Custody, Orders Child To Be Returned
4 months, 1 week ago

Madras HC Quashes POCSO Case Against Woman Who Alleged Mother & Sister Illegaly Retained Her Daughter's Custody, Orders Child To Be Returned

Live Law  

In an unusual order, the Madras High Court has invoked its extraordinary jurisdiction in a habeas corpus case, to quash the criminal proceedings initiated against a woman under the Protection of Children from Sexual Offences Act. After granting custody to the woman, the court went a step further and examined the POCSO proceedings initiated against her on the complaint of …

HC: Badlapur sexual assault shocking, there cannot be a compromise on safety, security of girls
4 months, 1 week ago

HC: Badlapur sexual assault shocking, there cannot be a compromise on safety, security of girls

Deccan Chronicle  

Mumbai: The Bombay High Court on Thursday called the sexual assault on two minor girls at their school in Badlapur 'absolutely shocking' and said that there cannot be any compromise on the safety and security of girls. The court had taken suo motu cognisance of the incident where two four-year-old girls were sexually assaulted inside the school's washroom at Badlapur …

'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 …

Supreme Court sets aside Calcutta HC's order asking young girls to ‘control sexual urges’
4 months, 2 weeks ago

Supreme Court sets aside Calcutta HC's order asking young girls to ‘control sexual urges’

Hindustan Times  

The Supreme Court on Tuesday set aside the controversial judgment by the Calcutta high court delivered on October 18, 2023, asking adolescent girls to “control their sexual urges”. A Supreme Court bench consisting of Justices Abhay S Oka and Ujjal Bhuyan set aside the high court's judgment asking girls to control their sexual urges and acquitting 25 year old man …

HC stays trial of case filed by children against parents for restricting TV, mobile use
5 months ago

HC stays trial of case filed by children against parents for restricting TV, mobile use

Op India  

Indore bench of Madhya Pradesh High Court put a stay on proceedings of the trial court in a case filed by children against their parents for restricting usage of mobile phones and TV. A brother-sister duo, an eight-year-old boy and a 21-year-old girl, registered a case against their parents at Chandan Nagar police station in October 2021 alleging that their …

"Child Needs Love, Affection And Protection Of Both Parents”: Andhra Pradesh High Court Grants Visitation Rights To Father Of Minor
5 months, 2 weeks ago

"Child Needs Love, Affection And Protection Of Both Parents”: Andhra Pradesh High Court Grants Visitation Rights To Father Of Minor

Live Law  

The High Court of Andhra Pradesh has emphasized the critical importance of a child's right to maintain relationships with both parents, especially at a tender age, even in cases of parental separation where custody is given only to one parent. Justice Ravi Nath Tilhari and Justice Nyapathy Vijay held that even when custody is awarded to one parent, the other …

[POCSO] Bombay High Court Grants Interim Relief To Man Booked For Allegedly Making Child Record Sexual Activity Between Him And The Child's Mother
5 months, 3 weeks 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 …

MP High Court Allows Termination Of Minor's Pregnancy After Her Parents Declare They Won't Turn Hostile In Rape Trial
6 months, 2 weeks ago

MP High Court Allows Termination Of Minor's Pregnancy After Her Parents Declare They Won't Turn Hostile In Rape Trial

Live Law  

The Madhya Pradesh High Court recently granted permission for the termination of a 14-year-old girl's pregnancy following a statement from her parents affirming that they would not turn hostile during the trial against the rape accused.A bench of Justice GS Ahluwalia also added that the victim would undergo an abortion at the risk and cost of the parents and that …

HC orders Pune woman to handover custody of 8-yr-old daughter to US-based husband
7 months, 3 weeks ago

HC orders Pune woman to handover custody of 8-yr-old daughter to US-based husband

Hindustan Times  

MUMBAI: The Bombay high court on Wednesday directed a 33-year-old woman from Pune to hand over custody of her 8-year-old daughter to her estranged husband based in the United States. But they began drifting apart after that, and in September 2023, when they got separated, the husband approached the district court in Mecklenburg county seeking custody of his daughter. Whilst …

POCSO Act’s aim cannot be ignored merely because abusers marry minor victims to escape conviction: Supreme Court
8 months ago

POCSO Act’s aim cannot be ignored merely because abusers marry minor victims to escape conviction: Supreme Court

The Hindu  

The Supreme Court on Thursday said the objective of Protection of Children from Sexual Offences Act could not be ignored merely because child marriages continue, or worse still, abusers marry their minor victims to escape conviction. The High Court had then passed a series of observations in its order “advising” adolescent girls to “control their sexual urges”. During the hearing, …

'Extraordinary Circumstance': Madras HC Quashes POCSO Case over Minor's Marriage, Prioritising Well-being of Young Children
10 months, 2 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 …

Family Court judge granted father more access to children during sexual assault investigation, court hears
10 months, 2 weeks ago

Family Court judge granted father more access to children during sexual assault investigation, court hears

The Independent  

For free real time breaking news alerts sent straight to your inbox sign up to our breaking news emails Sign up to our free breaking news emails Sign up to our free breaking news emails SIGN UP I would like to be emailed about offers, events and updates from The Independent. A hearing in London on Thursday was told the …

Bombay High Court Rejects Father's Plea For Custody Of 3-Year-Old Girl Child Citing His Anger Management Issues
1 year ago

Bombay High Court Rejects Father's Plea For Custody Of 3-Year-Old Girl Child Citing His Anger Management Issues

Live Law  

The Bombay High Court on Wednesday dismissed a habeas corpus petition filed by a 41-year-old UK citizen seeking custody of his 3-year-old daughter from his estranged wife, an Indian citizen. When the man approached the Bombay High Court in February seeking compliance with the Singapore court's order, the High Court raised concerns about the child's welfare. Despite the parties signing …

Hyderabad Man Gets 5 Year RI in POCSO Case
1 year, 4 months ago

Hyderabad Man Gets 5 Year RI in POCSO Case

Deccan Chronicle  

Hyderabad: The Special Judge for PoCSO cases at Medchal D Venkatesham on Wednesday sentenced D Mahesh Prakash, accused of sexually abusing two girls at Alwal in May 2020, to rigorous imprisonment for five years. The girls, who were four years of age at the time of the incident, detailed before the court how the accused abused them, resulting in his …

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, 4 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 …

Bombay HC Sets Aside POCSO Conviction: Why Should We Rethink Age of Consent?
1 year, 5 months ago

Bombay HC Sets Aside POCSO Conviction: Why Should We Rethink Age of Consent?

The Quint  

Bombay High Court's Justice Bharati Dangre, in her order, pointed out: “…merely because the statute provides punishment for an act of sexual indulgence, as the girl has not attained the age of maturity i.e. 18, when it can be specifically inferred from her conduct that she was capable of understanding the consequences of her act, I am of the opinion …

Bombay High Court gives child welfare panel 48 hrs to hand over custody of child to father
1 year, 5 months ago

Bombay High Court gives child welfare panel 48 hrs to hand over custody of child to father

India Today  

The Bombay High Court has lashed out at the Child Welfare Committee of Maharashtra for putting up a child for adoption while the child's father was seeking his custody. The high court bench directed the CWC to get its act right in 48 hours, or else the court would pass an order. READ | Dramatic scenes outside Bombay High Court …

Bombay High Court denies minor rape victim permission to abort 28-week-old fetus
1 year, 6 months ago

Bombay High Court denies minor rape victim permission to abort 28-week-old fetus

India Today  

The Aurangabad bench of the Bombay High Court on Monday refused to permit a 15-year-old rape victim to abort her 28-week pregnancy as doctors have opined the baby would be born alive even if forcible delivery is performed at this stage. The high court bench expressed concerns that a forced delivery could result in the birth of an underdeveloped child …

Supreme Court Stays HC Direction Allowing Father To Take Custody Of Minor Girl From 'Adoptive' Parents
1 year, 6 months ago

Supreme Court Stays HC Direction Allowing Father To Take Custody Of Minor Girl From 'Adoptive' Parents

Live Law  

The Supreme Court, on Friday, stayed the order of Orissa High Court to the extent it directed restoration of custody of a minor girl child to her father. “There shall be an interim stay of the direction of the High Court directing the petitioners herein to handover custody of the minor child.to respondent No.2 until further orders.” A vacation Bench …

Meghalaya HC quashes POCSO charges against man, expresses concern on its misuse
1 year, 6 months ago

Meghalaya HC quashes POCSO charges against man, expresses concern on its misuse

Hindustan Times  

The Meghalaya high court on Wednesday quashed charges of the Protection of Children from Sexual Offences Act against a man stating that “consensual sexual intercourse with a 16-year-old girl didn’t come under the purview of the legislation”. Meghalaya high court The court of justice Wanlura Diengdoh released John Franklin Shylla forthwith, citing that sometimes “a large array of cases filed …

[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 …

Bombay High Court raps assistant prosecutor for 'insensitive' remark in missing girl's case
1 year, 6 months ago

Bombay High Court raps assistant prosecutor for 'insensitive' remark in missing girl's case

India Today  

The Maharashtra government has promised to investigate the case of a father whose physically challenged 23-year-old daughter went missing in 2006 from a satsang in Navi Mumbai. During Thursday's hearing, Justices Revati Mohite Dere and Gauri Godse of the bench initially reprimanded the state government counsel for her insensitive argument while hearing the plea filed by the missing girl's father. …

Where Parents Agree To Allow Child Custody To Either One Of Them, Court Can Intervene If Custody No Longer In Minor’s Welfare: Rajasthan High Court
1 year, 6 months ago

Where Parents Agree To Allow Child Custody To Either One Of Them, Court Can Intervene If Custody No Longer In Minor’s Welfare: Rajasthan High Court

Live Law  

The Rajasthan High Court has held that in cases where parties have agreed to allow the custody of the child with one of the parents, it should remain with that party alone, unless it is demonstrated that the same is no longer in the child’s welfare. The bench of Justices Vinod Kumar Bharwani and Manindra Mohan Shrivastava said: “In cases …

Custody orders not rigid, can be altered keeping in mind child's need: Bombay HC
1 year, 7 months ago

Custody orders not rigid, can be altered keeping in mind child's need: Bombay HC

India Today  

The Bombay High Court on Saturday said that the custody orders cannot be made rigid and are capable of being altered, keeping in mind the needs and welfare of the child at various stages of life. The high court said this while directing a family court to hear afresh an application filed by a man seeking to be appointed as …

HC: Follow process to term minors as adults in JH case
1 year, 8 months ago

HC: Follow process to term minors as adults in JH case

Deccan Chronicle  

Hyderabad: The Telangana High Court on Tuesday set aside the rulings of the Juvenile Justice Board, Hyderabad and the Pocso court in the Jubilee Hills gangrape case, which had stated that the accused children in conflict with law be tried as adults. The High Court directed the Principal Magistrate of Juvenile Justice Board to re-examine the case by following due …

MP High Court Urges Law Commission To Suggest Amendments To POCSO Act Permitting Correctional Measures Instead Of Jail Term If Victim & Accused Marry
1 year, 8 months ago

MP High Court Urges Law Commission To Suggest Amendments To POCSO Act Permitting Correctional Measures Instead Of Jail Term If Victim & Accused Marry

Live Law  

While deciding a bail application of an accused under the Protection of Children from Sexual Offences Act, the Madhya Pradesh High Court went on to request the Law Commission of India to suggest suitable amendments to the Act making it possible for the Special POCSO Judges to impose correctional methods on convicts, rather than sentences of imprisonment, especially when the …

Bombay High Court upholds 10-yr sentence of man who sexually assaulted girl-child
1 year, 9 months ago

Bombay High Court upholds 10-yr sentence of man who sexually assaulted girl-child

India Today  

Holding that "a little girl of 3-½ years, who is not even introduced to her own organs, cannot be expected to give an exact description of her private parts," the Bombay High Court has upheld a 10-year sentence against a Mumbai man. READ | Bombay High Court allows anticipatory bail to police constable accused of rape On the afternoon of …

Supreme Court Refuses To Interfere With HC Order Quashing POCSO FIR Over 'Relationship' Between Man & Minor Girl
1 year, 9 months ago

Supreme Court Refuses To Interfere With HC Order Quashing POCSO FIR Over 'Relationship' Between Man & Minor Girl

Live Law  

The Supreme Court on Friday refused to interfere with an order of the Rajasthan High Court quashing a FIR registered against a 22-year old over a physical relationship with a 16-year old girl which led to her pregnancy and child birth.Taking note of the consistent stand of the girl that she had 'consented' to the relationship, the birth of a …

Bombay HC quashes sexual assault case under POCSO after minor girl's mother consents
1 year, 10 months ago

Bombay HC quashes sexual assault case under POCSO after minor girl's mother consents

India Today  

Noting that, "It will be contrary to the interest of justice to continue the criminal proceedings against the petitioner, a student," the Bombay High Court has quashed a case under the Protection Of Children against Sexual Offences Act against a 19-year-old. Noting the reasons cited in the consent application by the victim's mother, the court added that, "Both will equally …

Drama In Bombay High Court As 10-Yr-Old Resists Father’s Attempts To Take Custody, Grandfather Asked To Hand Over Custody At Police Station
1 year, 10 months ago

Drama In Bombay High Court As 10-Yr-Old Resists Father’s Attempts To Take Custody, Grandfather Asked To Hand Over Custody At Police Station

Live Law  

Amid the cries of a 10-year-old child refusing to be taken away by his biological father, the Bombay High Court asked the maternal grandfather to handover the child’s custody to the father at the police station later in the day. Following submissions from all parties involved, the court said, “The fact therefore remains that the Order passed by this Court …

Mother's Illicit Affair; Custody of Minor Child Given to Father
1 year, 10 months ago

Mother's Illicit Affair; Custody of Minor Child Given to Father

News 18  

The High Court of Karnataka has upheld a Family Court order giving the custody rights of a minor child to the father. The High Court in its judgment noted that she “has given more importance to the illicit relationship of hers and has neglected the child.” After leaving the matrimonial house with the child, the woman had left the minor …

Supreme Court Stays HC Direction To Woman In Same-Sex Relationship To Undergo Counselling
1 year, 10 months ago

Supreme Court Stays HC Direction To Woman In Same-Sex Relationship To Undergo Counselling

Live Law  

The Supreme Court on Monday stayed an order passed by the Kerala High Court directing a 23-year old woman, who is stated to be in a same-sex relationship, to undertake counselling. The High Court passed the order in a habeas corpus petition field by her same-sex partner alleging that she had been illegally detained by her parents.Challenging the High Court …

Division Bench’s Directions Contrary To Principles Laid Down By Supreme Court: Madras High Court Single Judge On Custody Battle For US-Born Twins
1 year, 11 months ago

Division Bench’s Directions Contrary To Principles Laid Down By Supreme Court: Madras High Court Single Judge On Custody Battle For US-Born Twins

Live Law  

Nearly a month after a division bench of Madras High Court directed a woman to hand over her twin sons to their father in the US, a single judge of the high court said the 15-year-old twins are not "mere minors" but "matured minors" who cannot be treated as properties to be handed over to a person "with whom the …

16-18 Year Olds In Romantic Relationships Know What They're Doing, Why Should We Prosecute Them: Justice Madan Lokur On POCSO Cases
2 years, 1 month ago

16-18 Year Olds In Romantic Relationships Know What They're Doing, Why Should We Prosecute Them: Justice Madan Lokur On POCSO Cases

Live Law  

Justice Madan B. Lokur, former judge of the Supreme Court, on Saturday said that there is a need for evolving a separate procedure for children while dealing with POCSO cases and also for the judiciary to engage in the process of case management to expedite decisions in such matters.Justice Lokur was speaking at an event organized by Delhi Commission for …

Though Minor, She Understood Consequences Of Her Act & Voluntarily Accompanied Him: Bombay High Court While Granting Bail To POCSO Accused
2 years, 1 month ago

Though Minor, She Understood Consequences Of Her Act & Voluntarily Accompanied Him: Bombay High Court While Granting Bail To POCSO Accused

Live Law  

The Bombay High Court recently granted bail to a man accused of raping a minor girl observing that the two were in a relationship and the girl, though minor, understood the consequences of her act. "It appears that the applicant though minor, was capable of understanding the consequences of her act and she voluntarily accompanied the applicant to her aunt's …

'Rape victim minor but capable of understanding consequences of her act': Bombay HC grants bail to accused
2 years, 1 month ago

'Rape victim minor but capable of understanding consequences of her act': Bombay HC grants bail to accused

India Today  

The Bombay High Court has granted bail to a 21-year-old man who was accused of raping a 15-year-old girl last year in Mumbai. CASE BACKGROUND A case under relevant provisions of the Indian Penal Code and Protection of Children from Sexual Offences Act was lodged against the accused on April 29, 2021 by the victim's mother. READ | Bombay HC …

MP High Court Refuses Bail To POCSO Accused, Says He Can't Seek Benefit Merely Because Victim's Religion Permits Marriage After Puberty
2 years, 1 month ago

MP High Court Refuses Bail To POCSO Accused, Says He Can't Seek Benefit Merely Because Victim's Religion Permits Marriage After Puberty

Live Law  

The Madhya Pradesh High Court recently denied relief to an accused under the POCSO Act who sought the concession of bail on the ground that the victim was a Muslim girl, who, though minor, had attained the age of puberty and the consent given by her is valid in law. The Court however pointed that those cases involved married parties …

POCSO is not meant to criminalise consensual relationships: Delhi High Court
2 years, 1 month ago

POCSO is not meant to criminalise consensual relationships: Delhi High Court

The Hindu  

The Delhi High Court has remarked that the intention of the Protection of Children from Sexual Offences Act was to protect children below the age of 18 from sexual exploitation and that it was never meant to criminalise consensual romantic relationships between young adults. The counsel further said that the girl had last year approached the High Court of Punjab …

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