POCSO doesn’t brook dilution
3 years, 10 months ago

POCSO doesn’t brook dilution

The Hindu  

The Protection of Children from Sexual Offences Act was enacted in 2012 especially to protect children from sexual assault. One, the definition of ‘assault or criminal force to woman with intent to outrage her modesty’ given in the IPC is generic whereas in POCSO, the acts of sexual assault are explicitly mentioned such as touching various private parts or doing any other act which involves physical contact without penetration. ‘Sexual assault’ in POCSO specifically excludes rape which requires penetration; otherwise the scope of ‘sexual assault’ under POCSO and ‘outraging modesty of a woman’ under the IPC is the same. Therefore, once the act of ‘outraging modesty with the use of assault or criminal force’, which is nothing but ‘sexual assault’, is proved, the requisite punishment must be slapped under POCSO if the victim is a child. In Pappu Singh Rajput v. State of Chhattisgarh, the High Court of Chhattisgarh, though it acquitted the accused under Section 354 of the IPC as the offence was found lacking in use of ‘criminal force or assault’, convicted him for sexual harassment under Section 354A which requires ‘physical contact’ and advances as a necessary element.

Children Sexual Assault Court Assault Ipc Act Pocso Sexual Sexual Offences Offence Criminal Force Section 354 Modesty  doesnt  modesty  ipc  court  children  brook  assault  offences  sexual  act  offence  pocso  dilution

History of this topic

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

Conviction Under Wrong Provision Of POCSO Act: Patna High Court Orders Release Of Sexagenarian After 10 Years, Enhances Victim's Compensation
1 month, 1 week ago

Conviction Under Wrong Provision Of POCSO Act: Patna High Court Orders Release Of Sexagenarian After 10 Years, Enhances Victim's Compensation

Live Law  

The Patna High Court has ordered the release of a man in his sixties, previously convicted by a Sessions Court for the rape of his 12-year-old niece, citing the application of a wrong provision of the Protection of Children from Sexual Offences Act, 2012. Learned Trial Court has not noticed the facts that the alleged offence has been committed in …

The Unintended Victims: How POCSO Affects Adolescents' Autonomy And Access To Health
1 month, 1 week ago

The Unintended Victims: How POCSO Affects Adolescents' Autonomy And Access To Health

Live Law  

In the last six months almost every High Court has faced the question of criminalization of romantic relationships under the Protection of Children from Sexual Offences Act, 2012. Giving the judges of these special courts controlled discretionary powers under the POCSO Act itself would not only make the legal process short but also ensure that the trial remains child-friendly and …

Adult Sexual Predators Ought Not To Be Afforded Leeway By Micro Analysis Of Child Victim's Testimony: Sikkim High Court
1 month, 2 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 …

POCSO Act | Child Victim Of Traumatic Sexual Assault Must Not Be Repeatedly Called To Testify In Court : Supreme Court
3 months, 3 weeks ago

POCSO Act | Child Victim Of Traumatic Sexual Assault Must Not Be Repeatedly Called To Testify In Court : Supreme Court

Live Law  

Recently, the Supreme Court dismissed the plea of an accused in a case under the Protection of Children from Sexual Offences Act of 2012 seeking recall of the victim under Section 311 of CrPC who was already cross-examined by the defence.The Court said that once the defence was granted ample opportunities to cross-examine the victim than the victim could not …

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

Woman can also commit penetrative sexual assault in Pocso cases: Delhi HC
4 months, 2 weeks ago

Woman can also commit penetrative sexual assault in Pocso cases: Delhi HC

Hindustan Times  

The Delhi high court on Friday held that the offence of penetrative sexual assault under the Protection of Children from Sexual Offences Act can also be invoked against a woman. The court expanded the ambit of the provision while dealing with a plea filed by a woman challenging a city court’s March 2024 order of framing charges of penetrative sexual …

POCSO Act Often Misused To Settle Personal Scores, Even In Matrimonial Disputes False Accusations Made To Deny Custody To Father: Kerala HC
5 months, 2 weeks 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 …

Media should not publish details that identify minor sexual assault victims: Judge
7 months ago

Media should not publish details that identify minor sexual assault victims: Judge

The Hindu  

Media organisations can be booked if they publish any details leading to identification of minor sexual assault victims, said Udupi Fast Track Sessions Court-1 Judge Shrinivasa Suvarna in Udupi on Tuesday. Speaking a workshop on the ‘POCSO Act and Media’ organised by Udupi Union of Working Journalists, Mr. Suvarna said the Protection of Children from Sexual Offences Act provides special …

Pocso cases reveal uneven grip of law
7 months ago

Pocso cases reveal uneven grip of law

New Indian Express  

For at least the second time this year, the judiciary’s understanding of the POCSO Act and its provisions on child sexual abuse material has come under the scanner. The Supreme Court rightly slammed the judgement, as the high court’s verdict was an incorrect reading of the two laws. Now, the Delhi High Court has undertaken a suo motu revision petition …

Any Person Regardless Of Gender & Age Can Be Accused Under POCSO Act: Kerala High Court Refuses To Quash Case Against Minor
9 months, 1 week 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 …

Simple Touch Not ‘Manipulation’ For Penetrative Sexual Assault Under POCSO Act: Delhi High Court
1 year, 1 month ago

Simple Touch Not ‘Manipulation’ For Penetrative Sexual Assault Under POCSO Act: Delhi High Court

Live Law  

The Delhi High Court on Monday ruled that a simple act of touch cannot be considered as manipulation for the offence of penetrative sexual assault under Section 3 of the POCSO Act.Section 3 of the POCSO Act states that a person is said to commit "penetrative sexual assault" if he manipulates any part of the child’s body so as to …

Don’t reduce age of consent in Pocso to 16, Law Commission tells govt
1 year, 2 months ago

Don’t reduce age of consent in Pocso to 16, Law Commission tells govt

Hindustan Times  

NEW DELHI: The Law Commission of India has recommended against reducing the age of consent under the child sex abuse law to 16 years but proposed an amendment that would let courts impose a lesser sentence in cases where adolescents engage in consensual sexual relations with a female. The Law Commission has recommended guided judicial discretion in sentencing in cases …

Man gets 10-year jail term for sexually assaulting girl
1 year, 3 months ago

Man gets 10-year jail term for sexually assaulting girl

Hindustan Times  

Mumbai: A special POCSO court on Tuesday sentenced a 31-year-old man to ten years imprisonment for sexually assaulting a 13-year-old girl in February 2018 in Kurar Village, Malad East. HT Image The girl had gone to buy some grocery items when the accused took her to a secluded spot and sexually assaulted her, a police officer said, adding that the …

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 …

Undressing & Sleeping Over Minor Victim, Asking To Penetrate Her Private Part Amounts To ‘Sexual Assault’, Not Rape: Orissa High Court
1 year, 5 months ago

Undressing & Sleeping Over Minor Victim, Asking To Penetrate Her Private Part Amounts To ‘Sexual Assault’, Not Rape: Orissa High Court

Live Law  

The Orissa High Court has recently held that undressing a girl under the age of 12 years, sleeping over her and merely asking her to penetrate her private part with male organ of the accused does not amount to rape. or ‘penetrative sexual assault’ as defined in section 3 of the POCSO Act.” The Prosecution Case The victim was five …

POCSO Act | Courts Cannot Impose Less Than Minimum Sentence Prescribed : Supreme Court
1 year, 5 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 …

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 and the persecution of young love
1 year, 6 months ago

POCSO and the persecution of young love

The Hindu  

Shivani, a 16-year-old, first found out about the Protection of Children from Sexual Offences Act last year when her 17-year-old boyfriend mentioned in jest how he could be prosecuted for being physically intimate with her. Age of consent — distant from societal realities The Karnataka High Court last year urged the Law Commission of India to rethink the criteria for …

What is POCSO Act shown in Manoj Bajpayee's courtroom drama Bandaa?
1 year, 7 months ago

What is POCSO Act shown in Manoj Bajpayee's courtroom drama Bandaa?

Firstpost  

The rape of a minor was the base of the narrative in at least two Hindi movies that come to mind- Pitaah and Jaago. The film talks about the POCSO Act, which means the protection of children from of sexual offenses act. Section 2 of the POCSO Act contains the definition of child. Forms of child sexual abuse Penetrative sexual …

Ejaculation Not Necessary Pre-Requisite For Purpose Of Proving 'Penetrative Sexual Assault' Under POCSO Act: Andhra Pradesh High Court
1 year, 8 months ago

Ejaculation Not Necessary Pre-Requisite For Purpose Of Proving 'Penetrative Sexual Assault' Under POCSO Act: Andhra Pradesh High Court

Live Law  

Upholding the conviction of an accused in a case of rape, the Andhra Pradesh High Court said all that is required to prove the offence of ‘penetrative sexual assault’, defined under Section 3 of the POCSO Act is, mere penetration. The counsel for the accused contended that the trial court did not properly appreciate the medical evidence on record and …

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 …

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 …

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 …

Deformity Relating To Age Of Child Under POCSO Act
1 year, 11 months ago

Deformity Relating To Age Of Child Under POCSO Act

Live Law  

Protection of Children from Sexual Offences Act, 2012 was enacted to protect children from sexual abuse and to provide a safe environment. The Act is considered to be a successful legislation, but it still suffers from several deformities, as it fails to imagine the possibility of young adolescents of age below 18 years engaging in consensual sexual activities. Under the …

POCSO| Judges Must Remember That Children May Use Different Vocabulary For Sex Abuse : CJI DY Chandrachud
2 years ago

POCSO| Judges Must Remember That Children May Use Different Vocabulary For Sex Abuse : CJI DY Chandrachud

Live Law  

The Chief Justice of India Dr. D. Y. Chandrachud today gave a keynote speech at the inaugural ceremony of the two-days National Annual Stakeholders Consultation on Child Protection organised by the Supreme Court Committee on Juvenile Justice which is headed by Justice S. Ravindra Bhat.The Chief Justice of India started his address by quoting Nelson Mandela that, "There can be …

CJI Chandrachud urges Parliament to examine age of consent issue under Pocso Act
2 years ago

CJI Chandrachud urges Parliament to examine age of consent issue under Pocso Act

India Today  

Chief Justice of India D Y Chandrachud on Saturday urged Parliament to consider the growing concern surrounding the issue of age of consent under the Protection of Children from Sexual Offences Act as it posed challenges for judges examining cases of consensual sex involving adolescents. "As you are no doubt aware, the Pocso Act criminalizes all sexual activity for those …

Non-Reporting Of Child Sexual Abuse Is A Bailable Offence Under POCSO Act: Kerala High Court
2 years, 1 month ago

Non-Reporting Of Child Sexual Abuse Is A Bailable Offence Under POCSO Act: Kerala High Court

Live Law  

The Kerala High Court on Thursday held that the offence punishable under Section 21 of the Protection of Children from Sexual Offences Act, 2012 is a bailable offence. The court then referred to Part II of First Schedule dealing with the classification of offences under other laws: Offence Cognizable or non-cognizable Bailable or non-bailable Trial Court If punishable with death, …

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 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 …

Considering consent: The Hindu Editorial on POCSO Act and the age of consent
2 years, 1 month ago

Considering consent: The Hindu Editorial on POCSO Act and the age of consent

The Hindu  

As much as the laws of a country must adhere to the principle of justice and fairness, they also need to stay in tune with the times. The judges said they were motivated to make this recommendation, having encountered several cases relating to minor girls over the age of 16 years having fallen in love and eloped with the boy, …

POCSO Act - Non-Reporting Of Sexual Assault Despite Knowledge Is A Serious Crime : Supreme Court
2 years, 1 month 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, 1 month 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 …

Can't Equate Act Of Mutual Love Between Young Boyfriend-Girlfriend To 'Sexual Assault' Under POCSO Act: Meghalaya HC
2 years, 1 month ago

Can't Equate Act Of Mutual Love Between Young Boyfriend-Girlfriend To 'Sexual Assault' Under POCSO Act: Meghalaya HC

Live Law  

While quashing POCSO charges against a minor's partner, the Meghalaya High Court has observed that the term 'sexual assault' as per the POCSO Act cannot be attributed to an act where there is mutual love and affection between a young couple.The observation came from the bench of Justice W. Diengdoh while disposing of the plea preferred by the POCSO accused …

Slightest Penetration is Enough to Establish Rape, Says Meghalaya HC, Rejects POCSO Convict's Appeal
2 years, 1 month ago

Slightest Penetration is Enough to Establish Rape, Says Meghalaya HC, Rejects POCSO Convict's Appeal

News 18  

The Meghalaya High Court has recently held that penetrative sexual assault does not require deep or complete penetration and that even the “slightest penetration” would attract penal provisions under Protection of Children from Sexual Offences Act Act, 2012. The court has taken the view in a case concerning the rape of a seven-and-a-half-year-old girl by a 60-year-old man on March …

[POCSO Act] Child Sexual Abuse Increasing Alarmingly, Courts Must Imbibe Legislative Wisdom: Delhi High Court
2 years, 2 months ago

[POCSO Act] Child Sexual Abuse Increasing Alarmingly, Courts Must Imbibe Legislative Wisdom: Delhi High Court

Live Law  

Observing that offences against minors, especially sexual assault, are increasing alarmingly, the Delhi High Court on Tuesday stressed that it is necessary for the courts to "imbibe the legislative wisdom" behind enactment of the Protection of Children Against Sexual Offences Act. Observing that rape is a heinous crime which is abhorrent not only as against the victim but also against …

The persecution of consent
2 years, 2 months ago

The persecution of consent

The Hindu  

Meena* and her classmate Ravi had liked each other from the time they were in school together. A 2017 study by the Indian Council for Child Welfare on children apprehended under the POCSO Act for elopement in Tamil Nadu indicated that of the 118 boys who were apprehended for various sexual crimes under the Act and brought before the Juvenile …

Slight Penetration Without Any Visible Injury Enough To Constitute Rape & Aggravated Penetrative Sexual Assault Under IPC & POCSO Act: Sikkim HC
2 years, 3 months ago

Slight Penetration Without Any Visible Injury Enough To Constitute Rape & Aggravated Penetrative Sexual Assault Under IPC & POCSO Act: Sikkim HC

Live Law  

The Sikkim High Court recently held that a slight penetration without any visible injury is enough to constitute offence of rape and aggravated penetrative sexual assault under Sections 376 AB of the IPC as well as Section 5 of the POCSO Act. A Division Bench of Justices Bhaskar Raj Pradhan and Meenakshi Madan Rai noted, "Penetration to any extent is …

POCSO Case Against Minor Can Be Quashed On Parties Arriving At Mutual Settlement: Karnataka High Court
2 years, 3 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 …

As Dumka & K'taka Mutt Cases Trigger Outrage, A Look at POCSO and Rising Crimes Against Minors
2 years, 3 months ago

As Dumka & K'taka Mutt Cases Trigger Outrage, A Look at POCSO and Rising Crimes Against Minors

News 18  

The latest cases under Protection of Children from Sexual Offences Act, involving the death of a minor girl in Jharkhand’s Dumka after being set on fire and the Karnataka seer accused of sexually assaulting minor girls, have sparked massive uproar. Allahabad HC’s observation received backlash on social media with users pointing out the Supreme Court’s earlier order which stated that …

Touching Child's Private Parts With Sexual Intent Sufficient To Attract POCSO Act, Absence Of Injury Not Relevant: Bombay High Court
2 years, 4 months ago

Touching Child's Private Parts With Sexual Intent Sufficient To Attract POCSO Act, Absence Of Injury Not Relevant: Bombay High Court

Live Law  

Merely touching the private parts of a child with sexual intent is enough for it to be construed as sexual assault under section 7 of the POCSO Act and a medical certificate demonstrating an injury is not mandatory, the Bombay High Court has held. "The absence of injury mentioned in the medical certificate will not make any difference to her …

Kerala court says sexual harassment invalid if woman wears provocative dress: When rulings let down women
2 years, 4 months ago

Kerala court says sexual harassment invalid if woman wears provocative dress: When rulings let down women

Firstpost  

From observation on marital rapes to what constitutes aggravated sexual assault under the POCSO Act, courts across India have made statements that have angered women and child right activists as well as people on social media. Here are a few such instances when rulings fell short of expectations Kozhikode sessions court in Kerala on Wednesday granted bail to author and …

Delhi High Court Modifies POCSO Conviction To Less Grave Offence, Orders Release As Convict's Imprisonment Exceeds Maximum Punishment
2 years, 4 months ago

Delhi High Court Modifies POCSO Conviction To Less Grave Offence, Orders Release As Convict's Imprisonment Exceeds Maximum Punishment

Live Law  

The Delhi High Court has held that a man accused of sexually abusing a minor cannot be punished under Section 6 of the POCSO Act for the offence of 'aggravated penetrative sexual assault' when the alleged act falls short of 'penetration'.The bench of Justice Jasmeet Singh held that without penetration, such act is only an attempt to rape or aggravated …

Making Victim Naked Proves Culpable Mental State, Touching Private Part Not Required: Calcutta HC Upholds Conviction For Aggravated Sexual Assault In POCSO Case
2 years, 7 months ago

Making Victim Naked Proves Culpable Mental State, Touching Private Part Not Required: Calcutta HC Upholds Conviction For Aggravated Sexual Assault In POCSO Case

Live Law  

The Calcutta High Court on Friday upheld conviction for the offence of aggravated sexual assault under Section 10 of the Protection of Children from Sexual Offences Act by opining that surrounding circumstances like the accused making the minor victim girl naked prove the culpable mental state of the accused. Justice Bibek Chaudhuri also rejected the argument that since nobody saw …

Can POCSO Case Against Minor Be Quashed On Parties Arriving At A Mutual Settlement? Karnataka High Court To Consider
2 years, 8 months ago

Can POCSO Case Against Minor Be Quashed On Parties Arriving At A Mutual Settlement? Karnataka High Court To Consider

Live Law  

The Karnataka High Court has stayed further investigation in a case against a minor boy who is charged under the Protection of Children from Sexual Offences Act for allegedly sexually assaulting a minor girl. Case details: On November 21, 2021 a complaint was registered by the father of the minor girl stating that his minor daughter did not return home …

POCSO: a case study
2 years, 8 months ago

POCSO: a case study

The Hindu  

Geetha* says she remembers feeling helpless and daunted when she decided to file a complaint after she found out that her husband had sexually abused their daughter. The number of cases registered under the POCSO Act in Tamil Nadu has seen a steady increase 2012 43 2013 660 2014 1088 2015 1574 2016 1654 2017 1667 2018 2126 2019 2465 …

[POCSO] 'Penetration Sufficient, Presence Of Semen Not Necessary': Delhi High Court Upholds Conviction Of Man For Raping 5 Yr Old
2 years, 11 months ago

[POCSO] 'Penetration Sufficient, Presence Of Semen Not Necessary': Delhi High Court Upholds Conviction Of Man For Raping 5 Yr Old

Live Law  

The Delhi High Court has upheld the conviction and sentence awarded to a man for raping a 5 year old minor victim in a POCSO case. The Court observed that penetration is sufficient in order to constitute an offence under Section 376 of IPC and Section 6 of the POCSO Act and that presence of the semen is not necessary. …

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 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 …

Oral sex with minor not 'aggravated sexual assault' under POCSO, HC reduces jail term of man
3 years, 1 month ago

Oral sex with minor not 'aggravated sexual assault' under POCSO, HC reduces jail term of man

India TV News  

Highlights In 2016, an FIR was filed against a man accusing him of having 'oral sex' with a 10-year-old. Court today observed that oral sex with a minor is not 'aggravated sexual assault' under POCSO Act. Reducing the jail term of a man convicted of sexually assaulting a 10-year-old boy, the Allahabad High Court has observed that 'oral sex' with …

Error corrected: The Hindu Editorial on interpreting POCSO Act
3 years, 1 month ago

Error corrected: The Hindu Editorial on interpreting POCSO Act

The Hindu  

The Supreme Court has done well to correct an egregious error of interpretation committed by a judge in the Nagpur Bench of the Bombay High Court in holding that sexual assault on a child victim would require “skin-to-skin” contact. It has set aside two judgments that acquitted two offenders against children from the graver charge of sexual assault, even while …

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