Sexual Assault Under POCSO Can't Be Quashed Based On 'Compromise', Offence Is Heinous & Not Of Private Nature : Supreme Court
2 months ago

Sexual Assault Under POCSO Can't Be Quashed Based On 'Compromise', Offence Is Heinous & Not Of Private Nature : Supreme Court

Live Law  

The Supreme Court today set aside the Rajasthan High Court's decision which quashed the 'sexual assault' complaint against a teacher. "We are at a loss to understand how the High Court arrived at the conclusion that in the case on hand a dispute to be resolved exists between the parties and further that to maintain harmony the FIR and all further proceedings thereto should be quashed," the Supreme Court observed. The Court also quoted with approval the judgment of the Delhi High Court in Sunil Raikwar v. State and Another which held that a POCSO Act offence cannot be "permitted to be settled." Background The Court heard a plea filed by the third party/appellant to the criminal proceedings who challenged the High Court's decision contending that heinous crimes, especially those involving minors and sexual offenses, cannot be treated as private matters eligible for compromise-based quashing.

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History of this topic

Sexual Assault Child Victim Has No Locus To File Quashing Plea In Name Of Saving Family's Honour, Future: Himachal Pradesh HC
2 days, 9 hours ago

Sexual Assault Child Victim Has No Locus To File Quashing Plea In Name Of Saving Family's Honour, Future: Himachal Pradesh HC

Live Law  

The Himachal Pradesh High Court has observed that after setting the criminal machinery into motion, the complainant's role ends, and the complainant or the child victim has no locus standing to file the petition for quashing a POCSO Case, that too, in the name of saving the family's honour. At the outset, the Court opined that the complainant's role ends …

HC refuses to stop POCSO-accused woman’s access to minor daughter
1 week, 3 days 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, …

Criminal Proceedings Involving Serious Offences Under POCSO Act Can't Be Quashed On Settlement Between Parties: Kerala High Court
3 weeks, 1 day 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] Quashing Of Serious Offence To Efface Evidence Already Recorded Cannot Be Done Even At Instance Of Survivor: Kerala High Court
3 weeks, 5 days 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 …

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 …

Compromise can't end sexual harassment case, says SC
2 months ago

Compromise can't end sexual harassment case, says SC

Deccan Chronicle  

A Supreme Court bench comprising Justices C.T. Sanjay Kumar overturned a Rajasthan High Court order that quashed a sexual harassment case based on a compromise between the accused and the complainant. The Supreme Court stated, “The impugned order is quashed and set aside, FIR and criminal proceedings shall proceed as per law,” emphasizing that the merits of the case were …

'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 restores conviction in minor's rape, overturns Calcutta HC's order acquitting man
4 months, 2 weeks ago

Supreme Court restores conviction in minor's rape, overturns Calcutta HC's order acquitting man

Live Mint  

The apex court criticised the verdict last year and termed some of the high court's observations “highly objectionable and completely unwarranted.” The Supreme Court of India has today restored the conviction of a man who raped a minor girl after he was acquitted by the Calcutta High Court, which in its judgement asked adolescent girls to "control their sexual urges", …

POCSO Act’s aim cannot be ignored merely because abusers marry minor victims to escape conviction: Supreme Court
8 months, 1 week 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, …

POCSO Act | Charge Of Penetrative Sexual Assault Can Be Invoked In Case Of Non-Tear Of Hymen: Gauhati High Court
8 months, 3 weeks ago

POCSO Act | Charge Of Penetrative Sexual Assault Can Be Invoked In Case Of Non-Tear Of Hymen: Gauhati High Court

Live Law  

The Gauhati High Court has made it clear that the charge of penetrative sexual assault under the POCSO Act can be invoked even on slightest penetration and it is not necessary to show victim's hymen-tear in such cases. It thus set aside the judgement of a trial court by which it acquitted an accused in a criminal case registered under …

Any Person Regardless Of Gender & Age Can Be Accused Under POCSO Act: Kerala High Court Refuses To Quash Case Against Minor
9 months, 3 weeks 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
9 months, 3 weeks 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 Case Initiated Because Engagement Was Called Off: Kerala High Court Quashes Case Upon Noting Subsequent Reconciliation & Marriage Of Parties
1 year 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. …

Gauhati High Court Overturns POCSO Conviction Citing Victim's "Sketchy" Evidence, Says No Proof Of Sexual Assault Detected In Medical Exam
1 year, 3 months ago

Gauhati High Court Overturns POCSO Conviction Citing Victim's "Sketchy" Evidence, Says No Proof Of Sexual Assault Detected In Medical Exam

Live Law  

The Gauhati High Court recently set aside a conviction under the POCSO Act, holding that the statements of the victim were contradictory and no evidence of sexual assault was detected by the medical officer who examined the victim. The Court observed that the victim’s claim of sexual assault is not substantiated by the evidence of the Medical Officer as no …

Kerala High Court Quashes Proceedings Under POCSO Act Following Marriage Of Accused & Victim
1 year, 3 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 …

POCSO Act | Courts Cannot Impose Less Than Minimum Sentence Prescribed : Supreme Court
1 year, 6 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 …

Karnataka High Court Quashes POCSO Case Against Man Who Dropped Minor Victim At Her Home On Instructions Of Main Accused
1 year, 7 months ago

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

Live Law  

The Karnataka High Court has quashed the criminal proceedings launched under the Protection of Children From Sexual Offences Act against a man who dropped the minor victim at her home on the instructions of main accused. are juxtaposed to each other and read in tandem what can be unmistakably inferred is that the role of the petitioner nowhere figures before …

Incomprehensible For A Child To Understand Sexual Act, Can’t Be Tutored: Madras High Court Upholds Rape Conviction, Enhances Sentence
1 year, 8 months ago

Incomprehensible For A Child To Understand Sexual Act, Can’t Be Tutored: Madras High Court Upholds Rape Conviction, Enhances Sentence

Live Law  

While upholding the conviction of a man for sexually assaulting a minor child, the Madras High Court said that a child who is a victim of sexual assault, cannot be tutored to give evidence since it is incomprehensible for a child to understand a sexual act. Justice Anand Venkatesh noted that a child witness would broadly fall under two categories- …

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

Can HC Quash Sexual Assault Case Against Minor Based On Compromise Between Parties? Supreme Court To Examine, Appoints R Basant As Amicus
2 years, 3 months ago

Can HC Quash Sexual Assault Case Against Minor Based On Compromise Between Parties? Supreme Court To Examine, Appoints R Basant As Amicus

Live Law  

A Supreme Court bench comprising Chief Justice U.U. Lalit and Justice J.B. Pardiwala heard a petition challenging a High Court's decision of exercising its powers under Section 482 of CrPC and quashing criminal proceedings against a person accused of outraging a minor girl's modesty based on a compromise reached by the parties. The bench has listed the matter for 31st …

POCSO Case Against Minor Can Be Quashed On Parties Arriving At Mutual Settlement: Karnataka High Court
2 years, 4 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 …

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 …

Bombay High Court Quashes Sexual Assault FIR Under POCSO Act As Victim (Now A Major) & Accused To Marry
2 years, 7 months ago

Bombay High Court Quashes Sexual Assault FIR Under POCSO Act As Victim (Now A Major) & Accused To Marry

Live Law  

The Bombay High court recently quashed an FIR under Protection of Children from Sexual Offences Act for penetrative sexual assault, as the victim girl says that she and the accused were allegedly in love and are now to be married. Justices Prasanna B. Varale and SM Modak stated, "we are inclined to accept the request for quashing the FIR, only …

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 …

Want to focus on studies: Teen girl seeks to quash sexual assault case under POCSO
2 years, 8 months ago

Want to focus on studies: Teen girl seeks to quash sexual assault case under POCSO

India Today  

Bombay High Court recently quashed an FIR against a 20-year-old student accused of rape and sexual assault against a minor after she granted her consent to cancel the criminal proceedings claiming she wanted to focus on her academic career. The bench noted from the affidavit that she wanted to pursue an academic career and the criminal proceedings would end up …

POCSO : Supreme Court Issues Notice On Teacher's Plea Challenging Conviction For Aggravated Sexual Assault Of Student
2 years, 11 months ago

POCSO : Supreme Court Issues Notice On Teacher's Plea Challenging Conviction For Aggravated Sexual Assault Of Student

Live Law  

The Supreme Court of India on Monday issued notice in a plea challenging the Madras High Court's order confirming conviction and sentence imposed on a teacher for committing the offence of aggravated sexual assault with against a student under the POCSO Act.A Bench comprising Justice SK Kaul and Justice MM Sundresh has issued notice on the Special Leave Petition as …

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 …

Settlement Via Marriage Not A Ground To Quash Proceedings Against Rape Accused Under POCSO: Kerala High Court
3 years, 3 months ago

Settlement Via Marriage Not A Ground To Quash Proceedings Against Rape Accused Under POCSO: Kerala High Court

Live Law  

In a significant ruling, the Kerala High Court has held that a compromise of marriage between the parties is not a ground to quash the criminal proceedings against the accused under the provisions of POCSO.Justice V. Shircy while dismissing a petition under Section 482 of the Code of Criminal Procedure, remarked:"Rape is not only a very serious and inhumane offence …

Shameful That Every Other Case Is That Of A Minor Being Raped: Kerala High Court Expresses Shock Over Rising POCSO Cases
3 years, 3 months ago

Shameful That Every Other Case Is That Of A Minor Being Raped: Kerala High Court Expresses Shock Over Rising POCSO Cases

Live Law  

Appalled by the rising instances of minors being subjected to rape in the State, the Kerala High Court while hearing a criminal appeal remarked: "It is a shame that every other case we consider is sadly a rape of a minor." A while upholding the conviction of a man accused of raping a minor girl living in his neighbourhood, found …

'Peculiar Circumstances': Supreme Court Quashes 'Rape Case' As Couple Reached Mediated Settlement
3 years, 5 months ago

'Peculiar Circumstances': Supreme Court Quashes 'Rape Case' As Couple Reached Mediated Settlement

Live Law  

The Supreme Court quashed a rape case after taking into account the mediated settlement arrived between the accused and the prosecutrix.In this case, the girl had filed a complaint against the accused, alleging that he had sexual relationship with her by misrepresenting to her that he is divorced.The accused later approached the Delhi High Court seeking quashing of the criminal …

Madras High Court Finds Erroneous Application Of POCSO Act Provisions By Trial Court
3 years, 5 months ago

Madras High Court Finds Erroneous Application Of POCSO Act Provisions By Trial Court

Live Law  

The Madras High Court vide its recent judgement dated July 7 observed that judges presiding over special courts dealing with cases under the Protection of Children from Sexual Offences Act, 2012 must undergo compulsory training and sensitisation on how to properly adjudicate such sensitive cases. In the instant case the Sessions Court had wrongly invoked Sections 7 and 8 of …

Kerala High Court Quashes POCSO Charges Against Man After His Marriage To The Survivor
3 years, 8 months ago

Kerala High Court Quashes POCSO Charges Against Man After His Marriage To The Survivor

Live Law  

In two cases, the Kerala High Court quashed charges of sexual assault against a 22-year-old man in light of his subsequent marriage to the prosecutrix. In the first case, a Bench comprising of Justice K Haripal recently quashed a chargesheet filed by the police in February 2019 charging the man with sexual assault and other charges under the Indian Penal …

Supreme Court to study whether minors can be punished under POCSO for consensual sex
3 years, 9 months ago

Supreme Court to study whether minors can be punished under POCSO for consensual sex

The Hindu  

The Supreme Court has decided to examine whether Protection of Children from Sexual Offences Act can be employed to punish teenagers for “consensual” physical relationships which later turn “sour.” A Bench led by Justice Indira Banerjee admitted the case of a man accused of rape while he was 18 years old by a girl who was 17. The man, represented …

POCSO : Supreme Court Issues Notice On Plea Seeking Compounding Of Case Involving Teenagers
3 years, 9 months ago

POCSO : Supreme Court Issues Notice On Plea Seeking Compounding Of Case Involving Teenagers

Live Law  

Victim Girl & Man In Love & Living Together For 4 Years Won't Make POCSO Offence Compoundable Even If Girl Agrees To It: Madras High Court In the said order, a Single Bench of Justice P. Velmurugan refused to allow an application moved by the accused seeking compounding of the offence, on the ground that any offence committed under the …

4 Shocking POCSO Orders By One Judge. But Is The Problem Bigger?
3 years, 11 months ago

4 Shocking POCSO Orders By One Judge. But Is The Problem Bigger?

The Quint  

The interpretation offered by her was swiftly condemned for having no basis in the wording of the law, and indeed going against the entire spirit of a law meant to address the seriousness of child sexual assault. When the judgment was brought to the Supreme Court’s notice a day later by the Attorney General, Chief Justice of India SA Bobde …

Supreme Court stays Bombay HC order on ‘skin-to-skin’ contact for sexual assault under POCSO Act
3 years, 11 months ago

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

The Hindu  

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

Skin-to-skin contact: SC stays Bombay HC order acquitting man under POCSO Act
3 years, 11 months ago

Skin-to-skin contact: SC stays Bombay HC order acquitting man under POCSO Act

India Today  

The Supreme Court on Wednesday stayed the Bombay High Court order which acquitted a man under the Protection of Children from Sexual Offences Act saying "groping a minor's breast without "skin-to-skin contact" cannot be termed as sexual assault". A bench of Chief Justice SA Bobde and Justices AS Bopanna and V Ramasubramanian stayed the high court order after Attorney General …

How Bombay High Court's Interpretation Of Section 7 Of POCSO Act Fails Us
3 years, 11 months ago

How Bombay High Court's Interpretation Of Section 7 Of POCSO Act Fails Us

Live Law  

A shocking judgment was recently passed by the Nagpur Bench of the Bombay High Court wherein it was held that in absence of "skin-to-skin" contact while groping a twelve-year old child's breasts, no offence of sexual assault would be made out under Section 7 of the Protection of Children from Sexual Offences Act, 2012. Interpretation of Section 7 of POCSO …

Growing Tendency In foisting False Crimes Against Father Alleging Sexual Abuse Of Own Child Misusing POCSO Act:Kerala HC [Read Judgment]
5 years, 7 months ago

Growing Tendency In foisting False Crimes Against Father Alleging Sexual Abuse Of Own Child Misusing POCSO Act:Kerala HC [Read Judgment]

Live Law  

The Kerala High Court, in a judgment delivered last month, observed that there is a growing tendency in the recent years to foist false crimes against the biological father alleging sexual abuse of own child misusing the provisions of the POCSO Act when serious fight for custody of ward is pending resolution before the Family Courts. The bench comprising Justice …

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