POCSO Act Prevails Over SC/ST Act; Accused Entitled To Directly Approach High Court U/S 439 CrPC When Charged Under Both Statutes: Kerala HC
2 years, 4 months ago

POCSO Act Prevails Over SC/ST Act; Accused Entitled To Directly Approach High Court U/S 439 CrPC When Charged Under Both Statutes: Kerala HC

Live Law  

The Kerala High Court has held that the Protection of Children from Sexual Offences Act, 2012 prevails over the Scheduled Tribes Act, 1989. When the Petitioner approached the High Court for bail, the Registry raised an objection that in view of the offences alleged under the SC/ST Act, an application for bail can be filed only before the Special Court designated under the said statute and that the jurisdiction exercised by the High Court in the matter of bail is only appellate in nature under Section 14A of the SC/ST Act. In order to answer this legal question regarding conflict between the provisions of the POCSO Act and the SC/ST Act, the instant order was passed by the High Court. The Court in this case clarified that if the provisions of POCSO Act were found to prevail, the petitioner would be entitled to maintain an application for bail under Section 439 of Cr.P.C and seek the remedy before the Sessions Court as well as the High Court, and if the SC/ST Act was found to prevail, only an appeal would lie to the High Court under Section 14A of the statute. ".the jurisdiction of the High Court under the SC/ST Act relating to bail is appellate, while under the POCSO Act, when read with Cr.P.C the jurisdiction is concurrent and original", the Court observed.

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History of this topic

In a first, Tamil Nadu issues protection order to survivor in POCSO Act case
1 week, 4 days ago

In a first, Tamil Nadu issues protection order to survivor in POCSO Act case

The Hindu  

In what is considered to be the first such case after the amendment of the Tamil Nadu Prohibition of Harassment of Women Act, 1998, Tamil Nadu has issued a protection order in a POCSO Act case restraining the accused, who harassed the minor survivor, from communicating with her in any manner. A provision, touted to be the first in the …

[SC/ST Act] Victim Belonging SC/ST Community Not Sufficient To Attract Offence Without Intention To Humiliate Due To Caste Identity: P&H High Court
1 week, 4 days ago

[SC/ST Act] Victim Belonging SC/ST Community Not Sufficient To Attract Offence Without Intention To Humiliate Due To Caste Identity: P&H High Court

Live Law  

The Punjab & Haryana High Court has set aside charges framed under the Scheduled Caste and Scheduled Tribes Act, observing that the offence cannot be attracted merely on the ground that the victim belongs to the SC/ST community without intention to humiliate him due to his caste. Justice Harpreet Singh Brar said, "merely the fact that the victim belongs to …

Madras High Court Declines To Interfere With Order To Register FIR Against News Channel For Allegedly Revealing Identity Of POCSO Victim
1 week, 5 days ago

Madras High Court Declines To Interfere With Order To Register FIR Against News Channel For Allegedly Revealing Identity Of POCSO Victim

Live Law  

The Madras High Court has recently refused to interfere with an order of the Special Judge for POCSO cases, Chennai, directing registration of an FIR against a Tamil news channel for allegedly revealing the identity of a victim in a POCSO case. The court was hearing a plea filed by NewsTamil 24x7 represented by its Editor, seeking to set aside …

Pocso case registered over alleged sexual abuse of minor girl by minor brother in Kerala
1 week, 6 days ago

Pocso case registered over alleged sexual abuse of minor girl by minor brother in Kerala

The Hindu  

The Palarivattom police in Kerala on Tuesday registered a case under the Protection of Children against Sexual Offences Act for alleged sexual abuse of a minor girl by her minor brother. The alleged incident took place at the house of the children and came to light through the child helpline on Monday. Though there were reports that linked the alleged …

High pendency, acquittal rate in Tamil Nadu deny justice to victims in Pocso Act cases
2 weeks, 1 day ago

High pendency, acquittal rate in Tamil Nadu deny justice to victims in Pocso Act cases

New Indian Express  

CHENNAI: Although better awareness and reporting of child sexual abuse cases under the Pocso Act has led to an increase in reported cases by 52% in Tamil Nadu, justice remains elusive for children as thousands of cases are pending in the courts and police investigations. The Supreme Court mandates exclusive Pocso courts in districts where pending cases exceed 100. Yet, …

POCSO Act: All India Annual Digest 2024
2 weeks, 5 days ago

POCSO Act: All India Annual Digest 2024

Live Law  

Sections 4, 6, 29 and 30 - Presumption under the POCSO Act – Applicability and Conviction - Sentence Modification - Socio-Economic Considerations - Parole Denial - The Supreme Court upheld the conviction of the appellant under Sections 302, 364, and 377 of IPC and Sections 4 and 6 of the POCSO Act for the aggravated penetrative sexual assault and murder …

Kerala High Court Grants Bail To Man Booked For Sexually Abusing Granddaughter, Notes His Custody Was Causing Further Trauma To Victim
Trending News
1 month ago

Kerala High Court Grants Bail To Man Booked For Sexually Abusing Granddaughter, Notes His Custody Was Causing Further Trauma To Victim

Live Law  

The Kerala High Court released a POCSO accused on bail considering that his prolonged custody was causing trauma to the victim. The grandmother of the victim filed an affidavit before the Court saying that her granddaughter gave the statement based on a misunderstanding and minor girl was not interested in the company of the accused. The Court asked Advocate Parvathy …

Often False POCSO Case Launched Against Spouse To Avoid Handing Over Minor Child's Custody: Kerala High Court
1 month ago

Often False POCSO Case Launched Against Spouse To Avoid Handing Over Minor Child's Custody: Kerala High Court

Live Law  

Kerala High Court while quashing a POCSO case filed by the mother on behalf of her child against her divorced husband observed that there are instances where one spouse uses their minor child to file false POCSO case against the other, to win custody cases. “In cases when the husband and wife are in loggerheads and one among them sues …

Supreme Court Annual Digest 2024: POCSO Act
1 month, 1 week ago

Supreme Court Annual Digest 2024: POCSO Act

Live Law  

Protection of Children from Sexual Offences Act, 2012 Sections 4, 6, 29 and 30 - Presumption under the POCSO Act – Applicability and Conviction - Sentence Modification - Socio-Economic Considerations - Parole Denial - The Supreme Court upheld the conviction of the appellant under Sections 302, 364, and 377 of IPC and Sections 4 and 6 of the POCSO Act …

Reporter TV's Consulting Editor Arun Kumar K, Sub-Editor Approach Kerala High Court Seeking Anticipatory Bail In POCSO Case
2 months ago

Reporter TV's Consulting Editor Arun Kumar K, Sub-Editor Approach Kerala High Court Seeking Anticipatory Bail In POCSO Case

Live Law  

Malayalam news channel Reporter TV's consulting editor Arun Kumar K and Sub-editor Shabas Ahammed S have approached the Kerala High Court seeking anticipatory bail in a POCSO case, lodged for allegedly sexually harassing a child. Reportedly, the editors had a conversation between themselves during the Kalolsavam where Arun Kumar pointing towards the manavatti of one of the oppana team and …

POCSO charges pressed against three reporters of top Malayalam news channel
2 months ago

POCSO charges pressed against three reporters of top Malayalam news channel

Hindustan Times  

A case under the Protection of Children from Sexual Offences Act has been filed against a senior editor and two reporters of a leading Malayalam news channel on Wednesday in connection with their coverage of the recent state school festival, news agency PTI reported, citing police. Sexual abuse of children major concern in Kerala: Report Sexual abuse of children remains …

Cases Involving Serious Allegations Of Sexual Assault Cannot Be Quashed Even At Victim's Instance: Kerala High Court
2 months ago

Cases Involving Serious Allegations Of Sexual Assault Cannot Be Quashed Even At Victim's Instance: Kerala High Court

Live Law  

The Kerala High Court recently held that criminal proceedings in cases involving serious allegations of sexual assault cannot be quashed, even at the instance of a victim. If the prosecution evidence would show, prima facie, materials to hold that the offences are made out, quashment on the ground of settlement moved by the accused or the defacto complainant could not …

Indian courts, despite their flaws, have been firm on POCSO cases: How the Himachal HC's refusal to allow 'compromise' sends an important message
2 months, 1 week ago

Indian courts, despite their flaws, have been firm on POCSO cases: How the Himachal HC's refusal to allow 'compromise' sends an important message

Op India  

Each year, countless girls and boys globally encounter sexual abuse and exploitation. The court cited the Supreme Court’s 2012 verdict in Gian Singh v. State of Punjab, which clearly established that “prior to invoking the authority under Section 482 of the CrPC, the high court must carefully consider the nature and severity of the offense.” It further asserted that “serious …

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, 1 week 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 …

Failure To Report POCSO Offences Not An Exception To Sanction For Prosecuting Public Servants U/S 197 CrPC Or U/S 218 BNSS: Kerala HC
2 months, 1 week ago

Failure To Report POCSO Offences Not An Exception To Sanction For Prosecuting Public Servants U/S 197 CrPC Or U/S 218 BNSS: Kerala HC

Live Law  

“ Section 197 of the Cr.PC and Section 218 of the BNSS are intended to operate as a safeguard against public servants from being dragged into vexatious proceedings for having discharged their official duties. In doing so the court observed that Section 197 CrPC/Section 218 BNSS are meant to safeguard the public servants from being dragged into vexatious proceedings while …

Case Transferred To POCSO Court After 8-Yrs Trial: Gujarat HC Says Police, Prosecution & Trial Court Prima Facie Failed In Discharging Duty
2 months, 1 week ago

Case Transferred To POCSO Court After 8-Yrs Trial: Gujarat HC Says Police, Prosecution & Trial Court Prima Facie Failed In Discharging Duty

Live Law  

The Gujarat High Court recently lamented the failure on part of the Police, the prosecution and the trial court in an assault case, which came to be transferred to a POCSO Court, eight years after commencement of trial. “Prima facie, it is very strange and also shameful on the part of the entire law enforcing and law adjudicating machinery that …

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

Presumption Of Guilt U/S 29 Of POCSO Act Can't Be Drawn Due To Lack Of Evidence: Punjab & Haryana HC Sets Aside Rape Conviction
2 months, 2 weeks ago

Presumption Of Guilt U/S 29 Of POCSO Act Can't Be Drawn Due To Lack Of Evidence: Punjab & Haryana HC Sets Aside Rape Conviction

Live Law  

The Punjab & Haryana High Court has acquitted two men in a sexual assault case under the Protection of Children from Sexual Offences Act, observing that the presumption under Section 29 for abetting or attempting to commit certain offences under the Act cannot be drawn on account of lack of evidence.As per Section 29 of the POCSO Act, where a …

Presumption Of Guilt U/S Of 29 POCSO Act Can't Be Drawn Due To Lack Of Evidence: Punjab & Haryana HC Sets Aside Rape Conviction
2 months, 2 weeks ago

Presumption Of Guilt U/S Of 29 POCSO Act Can't Be Drawn Due To Lack Of Evidence: Punjab & Haryana HC Sets Aside Rape Conviction

Live Law  

The Punjab & Haryana High Court has acquitted two men in a sexual assault case under the Protection of Children from Sexual Offences Act, observing that the presumption under Section 29 for abetting or attempting to commit certain offences under the Act cannot be drawn on account of lack of evidence. As per Section 29 of the POCSO Act, where …

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

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

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

Live Law  

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

POCSO Act Being Enacted Subsequently Will Prevail Over SC/ST Act In Case Of Conflict: Punjab & Haryana High Court
3 months ago

POCSO Act Being Enacted Subsequently Will Prevail Over SC/ST Act In Case Of Conflict: Punjab & Haryana High Court

Live Law  

The Punjab & Haryana High Court has reiterated if there is a conflict between the provisions of POCSO Act and the Scheduled Castes and the Scheduled Tribes Act, then provisions of the POCSO Act will be applicable as it was enacted subsequently. It also reaffirmed that a regular bail plea moved in a case registered under the provisions of the …

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

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

Live Law  

The Kerala High Court dismissed a petition filed by the victim of a POCSO offence to quash the proceedings saying that serious offences are involved and the trial had reached at the end stage. The Court noted that that the accused is alleged of committing serious offences like aggravated penetrative sexual assault against the minor. Justice A. Badharudeen observed that …

Child's Testimony Can't Be Brushed Aside, Punjab & Haryana HC Upholds Teacher's Conviction For Sexually Assaulting Student In School
3 months, 1 week ago

Child's Testimony Can't Be Brushed Aside, Punjab & Haryana HC Upholds Teacher's Conviction For Sexually Assaulting Student In School

Live Law  

The Punjab and Haryana High Court has upheld the conviction of a school teacher for sexually assaulting a class 8th student under Protection of Children from Sexual Offences Act, 2012, while noting that the "occurrence took place in school premises. "Justice Amarjot Bhatti said, "as per facts of the case, it is fully covered under the provisions of Section 9 …

Karnataka HC To Consider Whether POCSO Act Is Gender Neutral Or Not, Stays Proceedings Against Woman Accused Of Sexually Assaulting Minor
3 months, 2 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 …

Physical Contact With Sexual Intent Without Penetration Is Sexual Assault U/S 7 POCSO Act: Kerala High Court
3 months, 3 weeks ago

Physical Contact With Sexual Intent Without Penetration Is Sexual Assault U/S 7 POCSO Act: Kerala High Court

Live Law  

The Kerala High Court has held that any overt act which involves a physical contact with sexual intent constitutes 'sexual assault', even if there is no penetration. Justice A. Badharudeen noted that under Section 7 of POCSO Act, which defines 'sexual assault', includes within its ambit any other act which involves physical contact with sexual intent. The High Court confirmed …

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

Kerala Police to take suo moto cognizance of POCSO-related allegations cited in Hema committee report
6 months ago

Kerala Police to take suo moto cognizance of POCSO-related allegations cited in Hema committee report

Op India  

Days after the state High Court came down heavily on Pinarayi Vijayan government for inaction, the Kerala Police are mulling to take suo motu cognizance of POCSO-related allegations mentioned in the Justice Hema Committee report. After the publication of Justice Hema Committee report citing sexual assault allegations in the Malayalam film industry, around 23 cases have been registered so far …

Kerala High Court Quashes Case Against Police Officer For Remarks Against Walayar Rape Victims, Asks DGP To Consider Action Against News Channel
6 months ago

Kerala High Court Quashes Case Against Police Officer For Remarks Against Walayar Rape Victims, Asks DGP To Consider Action Against News Channel

Live Law  

The Kerala High Court has quashed the criminal case filed against Superintendent of Police M. P. Sojan for making distasteful comments against the child victims in Walayar rape case. The Counsel for the complainant said that in Section 23, the words “any person” which signifies that the provision is not just applicable to the media persons but any other person …

Badlapur sexual assault case: Maharashtra Bandh to FIR against school for not complying with POCSO Act
6 months, 3 weeks ago

Badlapur sexual assault case: Maharashtra Bandh to FIR against school for not complying with POCSO Act

Live Mint  

Badlapur sexual assault case: An FIR against the school authorities, for not complying with the provisions of section 19 of the POCSO Act, in connection with the alleged sexual assault of two fourth-grade girls at a school in Badlapur, Maharashtra. The SIT in the case said, “FIR registered against the school authorities for not complying to the provisions of section …

'How Can POCSO Act Offence Be Termed Romantic?' : Supreme Court Slams HC Suggestion To Decriminalise 'Consensual' Sex Involving Older Teens
6 months, 3 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 …

[POCSO] Accused's Culpable Mental State Cannot Be Considered At Pre-Trial Stage: Kerala High Court Dismisses Discharge Plea
6 months, 3 weeks ago

[POCSO] Accused's Culpable Mental State Cannot Be Considered At Pre-Trial Stage: Kerala High Court Dismisses Discharge Plea

Live Law  

The Kerala High Court has held that the culpable mental state of the accused cannot be considered at the pre-trial stage when the prosecution makes out a prima facie case. The Court was considering whether culpable mental state under the POCSO Act could be considered at the time of discharge or quashment of the proceedings against the accused. It stated …

[S. 33(2) POCSO Act] Mode Of Examination Through Intermediary Remains Unchanged Even If Victim Attains Majority During Trial: Kerala HC
7 months, 2 weeks ago

[S. 33(2) POCSO Act] Mode Of Examination Through Intermediary Remains Unchanged Even If Victim Attains Majority During Trial: Kerala HC

Live Law  

The Kerala High Court has held that the mode of examining a victim through the Special Court in a POCSO case as per Section 33 of the POCSO Act remains unchanged even if the victim attains the age of majority during the trial. Section 33 of the POCSO Act mandates that the Special Public Prosecutor or the defence counsel shall …

POCSO Act | No Presumption Of Guilt Against Accused If Prosecution Fails To Prove 'Foundation Facts' Beyond Reasonable Doubt: Patna High Court
7 months, 3 weeks ago

POCSO Act | No Presumption Of Guilt Against Accused If Prosecution Fails To Prove 'Foundation Facts' Beyond Reasonable Doubt: Patna High Court

Live Law  

While deciding a POCSO case, the Patna High Court on Tuesday reiterated that the prosecution would not be absolved from proving the guilt of the accused beyond reasonable doubt despite the presumption of committing an offence operating against the accused under Section 29 of POCSO Act. The Court said that irrespective of the fact that there exists a presumption against …

POCSO Act Often Misused To Settle Personal Scores, Even In Matrimonial Disputes False Accusations Made To Deny Custody To Father: Kerala HC
8 months, 1 week 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 …

[S. 33(5) POCSO Act] Child Witness Cannot Be Recalled To Fill Up Lacuna And Omission In Evidence Of Accused: Kerala High Court
9 months, 3 weeks ago

[S. 33(5) POCSO Act] Child Witness Cannot Be Recalled To Fill Up Lacuna And Omission In Evidence Of Accused: Kerala High Court

Live Law  

The Kerala High Court held that a child witness cannot be recalled for cross-examination by the accused to fill the lacuna or omission in their case as per Section 33 of the Protection of Children from Sexual Offences Act, 2012. However, in such cases, it should be established that such recalling is absolutely necessary for the just decision of the …

POCSO Act’s aim cannot be ignored merely because abusers marry minor victims to escape conviction: Supreme Court
10 months, 2 weeks 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, …

Kerala High Court Admits Plea Seeking Framing Of Rules For Executing Orders Passed Under Domestic Violence Act
11 months, 1 week ago

Kerala High Court Admits Plea Seeking Framing Of Rules For Executing Orders Passed Under Domestic Violence Act

Live Law  

The Kerala High Court has admitted a plea moved by a 24-year-old woman seeking directions from the Court to the legislature to incorporate provisions to ensure the execution of orders passed under the Protection of Women from Domestic Violence Act, 2005. The plea was moved on behalf of the woman by the Victim Rights Centre attached to the High Court …

Husband Would Know Wife's Caste Identity, Presumption Under Section 8 SC/ST Act Applies: Kerala High Court
11 months, 3 weeks ago

Husband Would Know Wife's Caste Identity, Presumption Under Section 8 SC/ST Act Applies: Kerala High Court

Live Law  

The Kerala High Court has held that the presumption under Section 8 of the SC/ST Prevention of Atrocities Act regarding knowledge of accused about victim's caste or tribal identity is applicable, if the victim is the wife of the accused. Section 8 says there is a presumption that the accused would be aware of the victim's caste or tribal identity …

Any Person Regardless Of Gender & Age Can Be Accused Under POCSO Act: Kerala High Court Refuses To Quash Case Against Minor
1 year ago

Any Person Regardless Of Gender & Age Can Be Accused Under POCSO Act: Kerala High Court Refuses To Quash Case Against Minor

Live Law  

The Kerala High Court has held that any person regardless of gender and age can be an accused under the Protection of Children from Sexual Offences Act, 2012.It thus refused to quash the proceedings pending under the Act against a minor. The Kerala High Court has held that any person regardless of gender and age can be an accused under …

[POCSO Act] Kerala HC Upholds Conviction Of Father Accused Of Sexually Assaulting 9-Yr-Old Daughter, Says Life-Sentence Imposed By Trial Court Not Disproportionate
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 …

[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 …

'No Mens Rea': Kerala HC Grants Pre-Arrest Bail To Headmistress Booked Under SC/ST Act For Cutting Tribal Student's Hair During Assembly
1 year, 1 month ago

'No Mens Rea': Kerala HC Grants Pre-Arrest Bail To Headmistress Booked Under SC/ST Act For Cutting Tribal Student's Hair During Assembly

Live Law  

The Kerala High Court has granted anticipatory bail to the headmistress of a school who was booked for offences under the Scheduled Castes and the Scheduled Tribes Act and Juvenile Justice Act for cutting the hair of the victim student, who belonged to the Scheduled Tribe community, during the school assembly which was allegedly derogatory and affected his dignity. Therefore, …

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 …

POCSO Case Initiated Because Engagement Was Called Off: Kerala High Court Quashes Case Upon Noting Subsequent Reconciliation & Marriage Of Parties
1 year, 2 months ago

POCSO Case Initiated Because Engagement Was Called Off: Kerala High Court Quashes Case Upon Noting Subsequent Reconciliation & Marriage Of Parties

Live Law  

The Kerala High Court recently quashed proceedings under the Protection of Children from Sexual Offences Act and the Indian Penal Code against a man alleged to have sexually abused the victim. Justice Gopinath P. noted that the allegations against the petitioner accused had been launched following his withdrawal from marriage with the victim, after the engagement ceremony. Justice Gopinath P. …

S.28 POCSO Act | Offences Under SC/ST Act Can Be Tried By POCSO Court If Part Of Same Transaction: Kerala High Court
1 year, 4 months ago

S.28 POCSO Act | Offences Under SC/ST Act Can Be Tried By POCSO Court If Part Of Same Transaction: Kerala High Court

Live Law  

The Kerala High Court has permitted a POCSO Court to try the offences under SC/ST Act relating to abuse and assault of the minor victim's father stating that the two offences were closely connected as the incident occurred within half hour of the offence under POCSO Act.Justice Gopinath P. relied on MS.P xxx Vs. State of Uttarakhand & Anr. The …

Kerala High Court Quashes Proceedings Under POCSO Act Following Marriage Of Accused & Victim
1 year, 5 months ago

Kerala High Court Quashes Proceedings Under POCSO Act Following Marriage Of Accused & Victim

Live Law  

The Kerala High Court recently quashed the proceedings against a man who had been alleged of having committed offences under Sections 354 and 376 of the Indian Penal Code, and Section 7 read with Section 8 of the Protection of Children from Sexual Offences Act, 2012, on the ground that the parties were now married. Justice Gopinath P. observed, "The …

Awareness About POCSO Will Be Included In School Curriculum Starting From 2024-2025: SCERT Informs Kerala High Court
1 year, 7 months ago

Awareness About POCSO Will Be Included In School Curriculum Starting From 2024-2025: SCERT Informs Kerala High Court

Live Law  

On Thursday, the Kerala High Court appreciated the efforts taken by Kerala State Legal Services Authority, State Government and the SCERT in taking various steps to create awareness about sexual offences amongst school going children. In this regard, the Court invoked its jurisdiction under Article 226 of the Constitution of India to implead State of Kerala, the Central Board of …

POCSO Act is a gender-neutral legislation: Delhi High Court
1 year, 7 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, 7 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 …

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