Touching Cheeks Without Sexual Intent Wouldn't Attract Offence Of 'Sexual Assault' Under POCSO: Bombay High Court
3 years, 7 months ago

Touching Cheeks Without Sexual Intent Wouldn't Attract Offence Of 'Sexual Assault' Under POCSO: Bombay High Court

Live Law  

Touching the cheeks without sexual intent would not attract the offence of 'sexual assault', as defined under Section 7 of the POCSO Act, the Bombay High Court has observed on Friday, while granting bail to a man booked under various offences under POCSO.Granting bail to a 46-year-old man, the Bench of Justice Sandeep K. Shinde observed that primary evaluation of the material on record does. Touching the cheeks without sexual intent would not attract the offence of 'sexual assault', as defined under Section 7 of the POCSO Act, the Bombay High Court has observed on Friday, while granting bail to a man booked under various offences under POCSO. Granting bail to a 46-year-old man, the Bench of Justice Sandeep K. Shinde observed that primary evaluation of the material on record does not suggest that he allegedly touched the cheeks of the victim with sexual intent. It may be noted that Section 7 of the POCSO Act defines sexual assault in the following terms: "Whoever with sexual intent touches the vagina, penis, anus, or breast of the child or makes the child touch the vagina, penis, anus, or breast of such person or any other person, or does any other act with sexual intent which involves physical contact without penetration is said to commit sexual assault."

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History of this topic

Man gets 35 years in jail for sexually assaulting minor
5 days, 12 hours ago

Man gets 35 years in jail for sexually assaulting minor

The Hindu  

The Additional District and Sessions Court in Kalaburagi has sentenced a 25-year-old man to 35 years of imprisonment and imposed on him a fine of ₹28,000 for sexually assaulting a minor girl. As per information provided by public prosecutor in the case Shanthaveer B. Tuppad, the accused, Saibanna Mashale, a resident of Sharana Nagar in Aland taluk, Kalaburagi district, raped …

Delhi Court Upholds Non-Framing Of Attempt To Rape Charge Against Accused Who Allegedly Pushed Woman's Breasts, Tried To Untie Her 'Salwar' Knot
1 week, 3 days ago

Delhi Court Upholds Non-Framing Of Attempt To Rape Charge Against Accused Who Allegedly Pushed Woman's Breasts, Tried To Untie Her 'Salwar' Knot

Live Law  

A Delhi Court recently upheld an order of the Metropolitan Magistrate which refused to frame a Rape/attempt to rape charges against a man who has been accused of forcibly entering into the complainant's house, assaulting her, as well as pushing her breasts, besides trying to open her salwar's knot and “trying to rape her”. However, such bald allegation, in the …

‘Grabbing breasts, breaking pyjama string not attempt to rape but…’: Allahabad HC
1 week, 4 days ago

‘Grabbing breasts, breaking pyjama string not attempt to rape but…’: Allahabad HC

Live Mint  

The Allahabad High Court recently altered the charges against two “rape” accused, calling their crime not an attempt to rape but “aggravated sexual assault”. However, the high court, instead, directed that the accused be tried under the minor charge of Section 354-B IPC read with Sections 9/10 of the POCSO Act. The Allahabad High Court observed that grabbing the breasts …

Grabbing minor's breasts, breaking pyjama's string not attempt to rape: Allahabad High Court
1 week, 5 days ago

Grabbing minor's breasts, breaking pyjama's string not attempt to rape: Allahabad High Court

India TV News  

Grabbing minor's breasts, breaking pyjama's string not attempt to rape: Allahabad High Court The Allahabad High Court was hearing a case of an 11-year-old girl who was sexually assaulted by two men in Uttar Pradesh in 2021. Grabbing a minor girl's breasts, breaking her pyjama strings and trying to drag her beneath the culvert does not constitute rape or an …

Pressing lips without sexual intent not Pocso offence: Delhi HC
3 weeks, 3 days ago

Pressing lips without sexual intent not Pocso offence: Delhi HC

Hindustan Times  

The Delhi high court has said that the act of touching, pressing lips, or lying down next to a minor girl in the absence of sexual intent will not amount to aggravated sexual assault under the Protection of children from Sexual Offences Act. “The act of touching and pressing lips or lying down next to the victim, though may result …

Pressing minor’s lips not always Pocso offence: Delhi HC
3 weeks, 3 days ago

Pressing minor’s lips not always Pocso offence: Delhi HC

New Indian Express  

NEW DELHI: The Delhi High Court has held that pressing the lips of a minor or lying close to her may constitute an offence of outraging modesty under the Indian Penal Code, but does not necessarily amount to aggravated sexual assault under the Protection of Children from Sexual Offences Act unless accompanied by overt sexual intent. Justice Swarana Kanta Sharma, …

Pressing, touching minor’s lips without sexual advances not ‘aggravated sexual assault’: Delhi High Court
Trending News
3 weeks, 3 days ago

Pressing, touching minor’s lips without sexual advances not ‘aggravated sexual assault’: Delhi High Court

The Hindu  

The Delhi High Court has said in the absence of sexually motivated advances, touching and pressing the minor girl’s lips and sleeping next to her cannot attract prosecution for “aggravated sexual assault” under the Protection of Children from Sexual Offences Act. Justice Swarana Kanta Sharma observed the acts might violate her dignity and outrage her modesty but without “overt or …

[POCSO Act] Lying Very Close To Minor Victim Amounts To 'Outraging Modesty' But Not 'Aggravated Sexual Assault' If No Overt Sexual Intent: Delhi HC
Top News
3 weeks, 3 days ago

[POCSO Act] Lying Very Close To Minor Victim Amounts To 'Outraging Modesty' But Not 'Aggravated Sexual Assault' If No Overt Sexual Intent: Delhi HC

Live Law  

The Delhi High Court has held that pressing lips of a minor victim and lying very close to her may amount to offence of outraging her modesty under Indian Penal Code but the same may not amount to offence of aggravated sexual assault under POCSO Act if overt sexual intent is absent. “The act of touching and pressing lips or …

Delhi HC says phrase ‘physical relations’ cannot mean sexual assault, acquits man in POCSO case
Trending News
3 months ago

Delhi HC says phrase ‘physical relations’ cannot mean sexual assault, acquits man in POCSO case

Live Mint  

A man was recently acquitted by the Delhi High Court in a POCSO case, saying the use of phrase 'physical relations' by the minor survivor cannot automatically mean sexual assault. The leap from physical relations or 'samband' to sexual assault and then to penetrative sexual assault must be established by evidence and cannot be deduced as an inference, the High …

‘Physical relations’ cannot automatically mean sexual assault, rules Delhi High court
3 months ago

‘Physical relations’ cannot automatically mean sexual assault, rules Delhi High court

Hindustan Times  

The Delhi high court has acquitted a man in a Protection of Children from Sexual Offences Act case, saying that the use of phrase ‘physical relations’ by the minor survivor cannot automatically mean sexual assault, PTI reported. The bench observed that it was unclear how the trial court concluded that there was any sexual assault when the minor survivor had …

'Physical relations' does not automatically mean sexual assault: Delhi HC acquits man in POCSO case
3 months ago

'Physical relations' does not automatically mean sexual assault: Delhi HC acquits man in POCSO case

India TV News  

The Delhi High Court acquitted a man serving life imprisonment on charges of rape and sexual assault of a 14-year-old girl under the Protection of Children from Sexual Offences Act. Court said that only the use of phrase 'physical relations' by the minor survivor cannot automatically mean sexual assault. Though consent would not matter if the girl is a minor …

'Physical relations' cannot automatically mean sexual assault: Delhi High Court
Top News
3 months ago

'Physical relations' cannot automatically mean sexual assault: Delhi High Court

India Today  

The Delhi High Court has acquitted a man in a POCSO case, saying the use of phrase 'physical relations' by the minor survivor cannot automatically mean sexual assault. The court asserted that the leap from physical relations or 'samband' to sexual assault and then to penetrative sexual assault must be established by evidence and cannot be deduced as an inference. …

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
3 months 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
3 months 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 …

POCSO Act | Absence Of Semen In Penetrative Sexual Assault Will Not Weaken Victim's Testimony: Punjab & Haryana High Court
3 months, 3 weeks ago

POCSO Act | Absence Of Semen In Penetrative Sexual Assault Will Not Weaken Victim's Testimony: Punjab & Haryana High Court

Live Law  

The Punjab and Haryana High Court has said that in case of penetrative sexual assault under the Protection of Children from Sexual Offences Act, 2012, victim's testimony cannot be question merely on the ground that no semen is detected in the DNA report.Bench of Justice Sureshwar Thakur and Justice Sudeepti Sharma said, "when in the event of any penetrative sexual …

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

Physical Contact With Sexual Intent Without Penetration Is Sexual Assault U/S 7 POCSO Act: Kerala High Court
4 months, 1 week 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 …

Natural For Two Persons In Love To Hug & Kiss Each Other: Madras High Court Quashes Sexual Harassment Case Against Man
4 months, 2 weeks ago

Natural For Two Persons In Love To Hug & Kiss Each Other: Madras High Court Quashes Sexual Harassment Case Against Man

Live Law  

The Madras High Court recently quashed criminal proceedings initiated against a man under Section 354A IPC for allegedly committing sexual harassment on a girl. Justice Anand Venkatesh observed that to constitute an offence of sexual harassment, a man must have committed physical contact and made advances involving unwelcome and explicit sexual overtures. In the present case, the court noted that …

Chandigarh: Madrasa teacher held for sexually assaulting minor boy
6 months ago

Chandigarh: Madrasa teacher held for sexually assaulting minor boy

Hindustan Times  

A 24-year-old teacher at a madrasa in Manimajra was arrested on Friday for allegedly sexually assaulting a 13-year-old student. {{^userSubscribed}} {{/userSubscribed}} {{^userSubscribed}} {{/userSubscribed}} Police said during school hours, the teacher called the boy and asked him to massage his legs, following which, he touched him inappropriately. {{^usCountry}} {{/usCountry}} The accused has been charged under the Protection of Children from Sexual …

Badlapur sexual assault case: Maharashtra Bandh to FIR against school for not complying with POCSO Act
7 months, 1 week 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 …

Woman can also commit penetrative sexual assault in Pocso cases: Delhi HC
7 months, 3 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] Bombay High Court Grants Interim Relief To Man Booked For Allegedly Making Child Record Sexual Activity Between Him And The Child's Mother
8 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 …

Bombay HC Grants Bail to POCSO Accused Without Prima Facie Sexual Intent
9 months, 1 week ago

Bombay HC Grants Bail to POCSO Accused Without Prima Facie Sexual Intent

Live Law  

The Bombay High Court recently granted bail to a man booked for allegedly stripping three teenagers, inserting fingers in the anus, abusing them and assaulting them with a leather belt. “After going through the FIR and the allegations made in the FIR against the Applicant coupled with the material collected during investigation, prima facie nothing is brought on record to …

Man acquitted of sexually assaulting 13-year-old girl
9 months, 2 weeks ago

Man acquitted of sexually assaulting 13-year-old girl

Hindustan Times  

MUMBAI: A special Protection of Children from Sexual Offences Act court on Thursday acquitted a 28-year-old booked for sexually assaulting a 13-year-old girl in 2018. HT Image Additional sessions judge Kalana Patil observed that the prosecution failed to prove the charges under Section 8 of the POCSO Act and section 354 of the Indian Penal Code against the man. As …

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 …

S.19 POCSO Act Doesn't Obligate Doctor To "Investigate And Gather Knowledge" Of Sexual Assault To Report It To Police: Karnataka High Court
1 year ago

S.19 POCSO Act Doesn't Obligate Doctor To "Investigate And Gather Knowledge" Of Sexual Assault To Report It To Police: Karnataka High Court

Live Law  

The Karnataka High Court has held that Sections 19 and 21 of the Protection of Children from Sexual Offences Act puts an obligation on a doctor to inform the relevant authorities when she/he has knowledge of an offence under the Act. The prosecution opposed the plea saying as the material placed on record by the prosecution do establish the knowledge …

Man sentenced to 20-year imprisonment for sexually assaulting minor girl
1 year, 3 months ago

Man sentenced to 20-year imprisonment for sexually assaulting minor girl

The Hindu  

The Additional District and Sessions Court in Kalaburagi has sentenced Jagannath Karani, a resident of Muganur village in Sedam taluk of Kalaburagi district, to 20 year imprisonment for sexually assaulting a minor girl. As per the details provided by Shanthaveer Tuppad, Public Prosecutor in the case, the convict had lured the girl in with a promise of marriage and had …

Simple Touch Not ‘Manipulation’ For Penetrative Sexual Assault Under POCSO Act: Delhi High Court
1 year, 4 months 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 …

Man gets 10-year jail term for sexually assaulting girl
1 year, 6 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 …

Madras High Court moves to treat sexual assault victims and accused with dignity
1 year, 7 months ago

Madras High Court moves to treat sexual assault victims and accused with dignity

The Hindu  

“Language is considered critical to the life of law. Taking its cue from it, the Madras High Court has embarked on an exercise to sensitise the police, government doctors and trial courts to the need to avoid findings such as the victim in a sexual assault case being a virgin or not and the hymen being intact or not in …

Male Friend Can’t Take Undue Advantage of Drunk Woman, Says Delhi Court As It Upholds Conviction
1 year, 7 months ago

Male Friend Can’t Take Undue Advantage of Drunk Woman, Says Delhi Court As It Upholds Conviction

News 18  

While upholding the conviction of a man for forcibly trying to kiss a woman and then slapping her, a Delhi Court has recently held that intoxication of a woman “does not give licence to her male friend to take undue advantage of her condition”. The Judge observed, “.even if the medical examination of the complainant would have shown that she …

Hugging or touching woman without sexual intent not an offence, WFI chief Brij Bhushan Singh tells Delhi court
1 year, 7 months ago

Hugging or touching woman without sexual intent not an offence, WFI chief Brij Bhushan Singh tells Delhi court

India TV News  

Hugging or touching woman without sexual intent not an offence, WFI chief Brij Bhushan Singh tells Delhi court Speaking in his defence, Brij Bhushan Sharan Singh made the submissions before Additional Chief Metropolitan Magistrate Harjeet Singh Jaspal through his lawyer. Wrestling Federation of India outgoing chief and BJP MP Brij Bhushan Sharan Singh, who has been accused in a case …

Undressing & Sleeping Over Minor Victim, Asking To Penetrate Her Private Part Amounts To ‘Sexual Assault’, Not Rape: Orissa High Court
1 year, 8 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 …

No relief to woman booked for watching porn, indulging in sexual acts with lover in front of children
1 year, 9 months ago

No relief to woman booked for watching porn, indulging in sexual acts with lover in front of children

Hindustan Times  

MUMBAI: A sessions court in Panvel denied pre-arrest bail to a Navi Mumbai resident booked under sections of the POCSO Act for “sexually harassing” her children by watching porn and indulging in sexual acts with her lover while the minors were around. HT Image The Kharghar police have also charged the woman and her lover for locking the children – …

POCSO and the persecution of young love
1 year, 9 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 …

DC Edit | Sexual predators must face full might of the law
1 year, 10 months ago

DC Edit | Sexual predators must face full might of the law

Deccan Chronicle  

India’s highly decorated wrestlers had to approach the Supreme Court before an FIR was registered by the Delhi Police against a person accused of being a sexual predator. The conclusion is simple enough — no matter how powerful politically and rich, those accused of sexual harassment of either women or men must face the charges in a court. It is …

Ejaculation Not Necessary Pre-Requisite For Purpose Of Proving 'Penetrative Sexual Assault' Under POCSO Act: Andhra Pradesh High Court
1 year, 11 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 …

Mumbai Court Convicts Man Under POCSO Act For Rubbing 100 Rupees Note On Minor's Lips, Making Derogatory Comment; Awards One Year Rigorous Imprisonment
2 years, 1 month ago

Mumbai Court Convicts Man Under POCSO Act For Rubbing 100 Rupees Note On Minor's Lips, Making Derogatory Comment; Awards One Year Rigorous Imprisonment

Live Law  

A Mumbai Court recently convicted a man for sexual harassment and outraging the modesty of a child after he cat called and rubbed a 100 rupee note on a 16-year-old girl’s lips. Special Judge under Protection of Children From Sexual Offences Act, 2012, SC Jadhav held, “Moving a note of Rs.100/­ on the lips of the victim and then uttering …

Supreme Court Yearly Digest 2022- POCSO Act
2 years, 1 month ago

Supreme Court Yearly Digest 2022- POCSO Act

Live Law  

Protection of Child from Sexual Offences Act, 2012 Protection of Children From Sexual Offences Act, 2012 - Any act of sexual assault or sexual harassment to the children should be viewed very seriously and all such offences of sexual assault, sexual harassment on the children have to be dealt with in a stringent manner - Cases of sexual assault or …

POCSO| Judges Must Remember That Children May Use Different Vocabulary For Sex Abuse : CJI DY Chandrachud
2 years, 3 months 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 …

[S.354 IPC] Women Can Also Be Held Guilty Of Outraging Woman's Modesty – Mumbai Court
2 years, 4 months ago

[S.354 IPC] Women Can Also Be Held Guilty Of Outraging Woman's Modesty – Mumbai Court

Live Law  

A Metropolitan Magistrates Court in Mumbai has held Section 354 of the IPC as being gender neutral qua the offender, and thus convicted and sentenced a mother of three to one-year rigorous imprisonment for outraging another woman's modesty. The bench underscored that Section 354 IPC is "not a sexual offence" but falls under the chapter of 'Criminal Force and Assault' …

POCSO Act - Non-Reporting Of Sexual Assault Despite Knowledge Is A Serious Crime : Supreme Court
2 years, 4 months 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, 5 months 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, 5 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 …

Slightest Penetration is Enough to Establish Rape, Says Meghalaya HC, Rejects POCSO Convict's Appeal
2 years, 5 months 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 …

Slight Penetration Without Any Visible Injury Enough To Constitute Rape & Aggravated Penetrative Sexual Assault Under IPC & POCSO Act: Sikkim HC
2 years, 6 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, 6 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, 6 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, 7 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, 7 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 …

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