Punjab & Haryana High Court Refuses To Treat Juvenile Booked Under POCSO Act As 'Adult' Based On Psyche Assessment Done With 5 Yrs Delay
3 months, 3 weeks ago

Punjab & Haryana High Court Refuses To Treat Juvenile Booked Under POCSO Act As 'Adult' Based On Psyche Assessment Done With 5 Yrs Delay

Live Law  

The Punjab and Haryana High Court has set aside the order of a Children's Court which tried a juvenile booked under the Protection of Children from Sexual Offences Act Act as an adult.As per Section 15 of the Act, a Juvenile Justice Board is required to make a preliminary assessment regarding the juvenile's mental and physical capacity to commit an offence and the ability. The Punjab and Haryana High Court has set aside the order of a Children's Court which tried a juvenile booked under the Protection of Children from Sexual Offences Act Act as an adult. As per Section 15 of the Act, a Juvenile Justice Board is required to make a preliminary assessment regarding the juvenile's mental and physical capacity to commit an offence and the ability to understand its consequences along with the circumstances under which allegedly the offence was committed. Suddenly, after period of 3 years & 4 months from the date of incident and arrest of the CCL, on 28.09.2021, the Public Prosecutor "woke up" and moved application under Section 15 of the JJ Act for conducting preliminary assessment, Court noted.

Board Court Assessment Haryana Child Punjab Act Months 20 Years Juvenile Offence Preliminary 3 Years Haryana High Court Yrs Delay Jjb Required Section 15 Ccl Preliminary Assessment  refuses  high  required  haryana  offence  preliminary  child  court  act  yrs  delay  punjab  pocso  treat  months  assessment  jj  juvenile  psyche

History of this topic

[Juvenile Justice Act] Offence Of Wilful Neglect Must Be Committed Intentionally, Not By Accident Or Inadvertence: Kerala High Court
2 weeks, 4 days ago

[Juvenile Justice Act] Offence Of Wilful Neglect Must Be Committed Intentionally, Not By Accident Or Inadvertence: Kerala High Court

Live Law  

The Kerala High Court recently held that to constitute the offence of willful neglect as given under Section 75 of the Juvenile Justice Act, the act should be done deliberately or intentionally and not by accident or inadvertence. It is alleged that the Multi Task Providers of the institution and the petitioner, who was superintendent of the said home, violated …

Odisha HC overturns POCSO court decision referring major accused to juvenile board
1 month ago

Odisha HC overturns POCSO court decision referring major accused to juvenile board

New Indian Express  

CUTTACK: The Orissa High Court has set aside the order of Special POCSO Court, Sambalpur, referring a 20-year-old accused to the Juvenile Justice Board simply because he was a minor at the inception of a continuing offence of alleged rape. The accused shall be tried strictly in accordance with law, as a major, without recourse to the protective provisions of …

'Raises Concerns About Competence Of Judge': Orissa HC Sets Aside Order In POCSO Case Wrongly Treating Major Accused As 'Juvenile'
1 month ago

'Raises Concerns About Competence Of Judge': Orissa HC Sets Aside Order In POCSO Case Wrongly Treating Major Accused As 'Juvenile'

Live Law  

The Orissa High Court has heavily criticized a Special Court under the Protection of Children from Sexual Offence Act for treating an accused as 'juvenile' and referring the case to Juvenile Justice Board despite having enough materials to suggest that the last act in the 'continuing offence' was committed by the accused much after he attained majority. While reprimanding the …

Juvenile tried as adult sentenced to 20 years for raping three-year-old in Lucknow
1 month ago

Juvenile tried as adult sentenced to 20 years for raping three-year-old in Lucknow

New Indian Express  

LUCKNOW: A special POCSO court, on Monday, sentenced a juvenile to 20 years of imprisonment for raping a three-year-old girl. Special POCSO court judge Vijendra Tripathi clarified that if the convict failed to deposit the penalty, he would have to serve three additional months in jail. However, considering the crime committed by the juvenile as heinous, the Juvenile Justice Board …

Sorry State Of Affairs, Punjab Police Unable To Nab Accused: High Court Seeks Jalandhar Commissioner's Explanation In POCSO Case
1 month, 2 weeks ago

Sorry State Of Affairs, Punjab Police Unable To Nab Accused: High Court Seeks Jalandhar Commissioner's Explanation In POCSO Case

Live Law  

The Punjab and Haryana High Court expressed displeasure over the police's failure to arrest a man accused of raping a minor girl, despite the dismissal of his pre-arrest bail plea in August 2024.Justice Namit Kumar said, "The present case shows the sorry state of affairs of the State machinery, where the police is unable to nab the accused, who has …

Court sentences man to 20 years rigorous RI in POCSO case
1 month, 3 weeks ago

Court sentences man to 20 years rigorous RI in POCSO case

Deccan Chronicle  

Hyderabad: A special court for POCSO Act cases sentenced a 32-year-old person to 20 years rigorous imprisonment for raping a five-year-old girl at his house in Secunderabad in November 2023. Special Sessions Judge for POCSO Act cases, B. Pushpalatha, held the accused guilty for the offence punishable under Section 5 read with Section 6 of POCSO Act and Section 376-AB …

Punjab & Haryana High Court Directs Reinstatement Of Judge Who Was Expelled Over Alleged Misconduct Committed As A Lawyer
2 months ago

Punjab & Haryana High Court Directs Reinstatement Of Judge Who Was Expelled Over Alleged Misconduct Committed As A Lawyer

Live Law  

The Punjab & Haryana High Court has directed to reinstate an additional and sessions judge with consequential benefit, who was dispensed from service during the probation period on account of "doubtful integrity". On the basis of a complaint made against the judge, in the Annual Confidential Report for the year 2015-16 recorded by the then Administrative Judge, the OSD Haryana …

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, 3 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, 3 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 …

Punjab & Haryana HC Quotes Poet Nida Fazli To Emphasise Protection Of Children, Sets Aside Order To Try Juvenile As Adult
2 months, 3 weeks ago

Punjab & Haryana HC Quotes Poet Nida Fazli To Emphasise Protection Of Children, Sets Aside Order To Try Juvenile As Adult

Live Law  

The Punjab and Haryana High Court recently quoted poet Nida Fazli's poem while setting aside the order of the Juvenile Justice Board, to try a juvenile as an adult in a POCSO case. The Court elucidated that the preliminary assessment has a wider implication upon the child inasmuch as in the event of the J.J.B., post making preliminary assessment, declaring …

Child's Testimony Can't Be Brushed Aside, Punjab & Haryana HC Upholds Teacher's Conviction For Sexually Assaulting Student In School
3 months, 2 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 …

Children's Court Meant To Try Not Just Cases Where Child Rights Are Violated But Also Juveniles To Be Tried As Adults: MP High Court
3 months, 3 weeks ago

Children's Court Meant To Try Not Just Cases Where Child Rights Are Violated But Also Juveniles To Be Tried As Adults: MP High Court

Live Law  

In a recent judgement, the MP High Court clarified the Children's Court is not only for trying the cases where child rights have been violated and victims are children but also for juveniles aged 16-18 who are accused of committing heinous offences. In Sections 15 and 18 of the Juvenile Justice Act, 2015, it is laid down that Juvenile Justice …

[S. 33(2) POCSO Act] Mode Of Examination Through Intermediary Remains Unchanged Even If Victim Attains Majority During Trial: Kerala HC
7 months, 3 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 …

Ensure Compliance With Juvenile Justice Act: Punjab & Haryana High Court To CWC In Case Where Minor Was Allegedly Forced To Marry Old Man
9 months ago

Ensure Compliance With Juvenile Justice Act: Punjab & Haryana High Court To CWC In Case Where Minor Was Allegedly Forced To Marry Old Man

Live Law  

The Punjab & Haryana High Court has directed the Child Welfare Committee, constituted under the Juvenile Justice Act, 2015, to conduct an enquiry under Section 36 of the Act and ensure compliance, in the case of a minor girl whose parents have allegedly fixed her marriage with an old man.A 15-year-old girl had moved Court through her friend. The Punjab …

Juveniles Tried As Adults Cannot Be Deprived Of Their Right To Bail Under Juvenile Justice Act: Uttarakhand High Court
9 months, 1 week ago

Juveniles Tried As Adults Cannot Be Deprived Of Their Right To Bail Under Juvenile Justice Act: Uttarakhand High Court

Live Law  

The Uttarakhand High Court has extended bail to a juvenile accused in a case registered under Sections 376, 506 of the Indian Penal Code, and Section 5/6 of the Protection of Children from Sexual Offences Act, 2012. Subsequently, the JJ Board conducted a preliminary assessment under Section 15 of the Juvenile Justice Act, 2015, and ordered that the accused be …

Supreme Court Prescribes 30 Days Time Limit To Prefer Appeal Against Juvenile Justice Board Preliminary Assessment Order
10 months, 1 week ago

Supreme Court Prescribes 30 Days Time Limit To Prefer Appeal Against Juvenile Justice Board Preliminary Assessment Order

Live Law  

Noting that no time limit has been prescribed under the Juvenile Justice Act, 2015 to prefer an appeal against the preliminary assessment order of the Juvenile Justice Board, the Supreme Court in a recent judgment deemed it appropriate to fill up this gap by prescribing 30 days' time limit for preferring appeal against the JJB's preliminary. Noting that no time …

JJ Act | 3 Months Time Limit For Preliminary Assessment Of Juvenile As Per Sec. 14(3) Not Mandatory: Supreme Court
10 months, 2 weeks ago

JJ Act | 3 Months Time Limit For Preliminary Assessment Of Juvenile As Per Sec. 14(3) Not Mandatory: Supreme Court

Live Law  

The Supreme Court held that the time limit of three months prescribed under Section 14 of the Juvenile Justice Act, 2015 for ascertaining the mental and physical capacity of a child below the age of sixteen years to commit a serious offence is not mandatory but directory.“As in the process of preliminary inquiry there is involvement of many persons, namely,. …

"Right To Life Guaranteed To Everyone": Punjab & Haryana High Court On Protection Plea By Minor In Live-In Relationship
10 months, 3 weeks ago

"Right To Life Guaranteed To Everyone": Punjab & Haryana High Court On Protection Plea By Minor In Live-In Relationship

Live Law  

Observing that merely because petitioners are not of marriageable age it "would not deprive" them of their fundamental rights, the Punjab & Haryana High Court has directed to send a minor girl to the children's home, who was seeking protection from her relatives along with her 19-year-old live-in partner.While directing to send her to the children's home, the Court said …

Supreme Court Reviews Its Order, Reiterates Juvenile Justice Rules, 2007 Are Relevant Rules For Considering Question Of Juvenility
1 year ago

Supreme Court Reviews Its Order, Reiterates Juvenile Justice Rules, 2007 Are Relevant Rules For Considering Question Of Juvenility

Live Law  

The Supreme Court reviewed its 2019 judgment wherein, while remitting the question of juvenility to the Punjab & Haryana High Court, it opined that the relevant rules to be looked into are Juvenile Justice Rules, 2001. While doing so, the Court corrected its 2019 judgment against which review was sought and held that Juvenile Justice Rules, 2007 is required to …

[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 …

S. 24 JJ Act | Right To Be Forgotten By Destruction Of Juvenile Delinquency Records Is Absolute Right, State Forbidden From Seeking Such Records: Rajasthan HC
1 year, 1 month ago

S. 24 JJ Act | Right To Be Forgotten By Destruction Of Juvenile Delinquency Records Is Absolute Right, State Forbidden From Seeking Such Records: Rajasthan HC

Live Law  

Rajasthan High Court has held that the 'right to be forgotten' by the destruction of juvenile delinquency records is an absolute right if the juvenile has been extended the benefits of Section 24 of the Juvenile Justice Act, 2015. The single-judge bench of Dr. Justice Pushpendra Singh Bhati, while delivering the judgment in a plea against cancellation of public employment …

Punjab & Haryana High Court Commutes Death Sentence Of Man Who Raped His Minor Daughter, Cites His Marginalised Background
1 year, 1 month ago

Punjab & Haryana High Court Commutes Death Sentence Of Man Who Raped His Minor Daughter, Cites His Marginalised Background

Live Law  

The Punjab and Haryana High Court has commuted the death sentence imposed on a man convicted for raping his own minor daughter, considering that he belonged to a marginalised part of the society.A division bench of Justice GS Sandhawalia and Justice Lapita Banerji said, "No doubt that the act as such is horrific and there can be no sympathy shown …

POCSO Act | Scholar Register Sufficient To Determine Victim's Age, Prosecution Testimonies Can't Be Disregarded For Trivial Contradictions: MP High Court
1 year, 1 month ago

POCSO Act | Scholar Register Sufficient To Determine Victim's Age, Prosecution Testimonies Can't Be Disregarded For Trivial Contradictions: MP High Court

Live Law  

Recently, Madhya Pradesh High Court has underscored that a school admission register/ scholar register is a valid document that can be relied upon for determining the age of a survivor concerning a POCSO offence. The single-judge bench of Justice Prem Narayan Singh, while rendering the judgement, referred to the landmark judgment in Jarnail Singh v. State of Haryana, 7 SCC …

Extension Of Limitation Period Under Section 168A Of GST Act; Punjab And Haryana High Court Issues Notice
1 year, 1 month ago

Extension Of Limitation Period Under Section 168A Of GST Act; Punjab And Haryana High Court Issues Notice

Live Law  

The Punjab and Haryana High Court has issued a notice to the government in a plea challenging the extension of the limitation period under Section 168A of the GST Act.The bench of Justice G.S. The Punjab and Haryana High Court has issued a notice to the government in a plea challenging the extension of the limitation period under Section 168A …

Punjab & Haryana High Court Weekly Round Up: January 15 - January 21, 2024
1 year, 2 months ago

Punjab & Haryana High Court Weekly Round Up: January 15 - January 21, 2024

Live Law  

Citations: 2024 LiveLaw 15 To 2024 LiveLaw 22Deepak Kumar v. Union of India and others 2024 LiveLaw 15X v. State of Punjab & Ors. 2024 LiveLaw 19 X v. State of Punjab & Ors 2024 LiveLaw 20 Geeta Devi and another v. State of Punjab and another 2024 LiveLaw 21 Vansh Sangwan v. Central Board of School Education and others …

POCSO Act | Punjab & Haryana High Court Upholds Convict's Life Sentence Based On Solely Testimony Of 13-Yr Old Victim
1 year, 3 months ago

POCSO Act | Punjab & Haryana High Court Upholds Convict's Life Sentence Based On Solely Testimony Of 13-Yr Old Victim

Live Law  

Basing the proof of charge on solitary, unblemished testimony of the victim, the Punjab & Haryana High Court upheld conviction and life imprisonment of a man for committing rape upon a 13-year old girl in Haryana. The Division Bench of Justice Sureshwar Thakur and Justice Kuldeep Tiwari rejected the contention that testimony of the victim lost credibility because her mother …

Bombay High Court Seeks Explanation For High Pendency Of 40K Cases Before Juvenile Justice Board And Child Welfare Committee
1 year, 5 months ago

Bombay High Court Seeks Explanation For High Pendency Of 40K Cases Before Juvenile Justice Board And Child Welfare Committee

Live Law  

The Bombay High Court recently flagged the collective pendency of over 40,051 cases before the Juvenile Justice Board and the Child Welfare Committee while hearing a PIL by an NGO. “…the figures of 10,008 cases pending before the Juvenile Justice Board and 30,043 cases pending before the Child Welfare Committee would amount to nullifying of spirit of the Act.” On …

Made It A 'Fairy Tale' : Punjab & Haryana High Court Pulls Up Judicial Officers For Taking Plea “Leisurely” With Long Adjournments
1 year, 6 months ago

Made It A 'Fairy Tale' : Punjab & Haryana High Court Pulls Up Judicial Officers For Taking Plea “Leisurely” With Long Adjournments

Live Law  

The Punjab & Haryana High Court criticised the Judicial Officers for delay in disposing of the plea for cancellation of suspension of sentence in a Negotiable Instrument Act case.Observing that the plea is pending since 2021 and adjourned on multiple occasions, the bench of Justice Mahabir Singh Sindhu said, “A perusal of the above extract clearly reveals that the officers …

​Uttar Pradesh: POCSO court sentences juvenile to life imprisonment in gang-rape, double murder case
1 year, 6 months ago

​Uttar Pradesh: POCSO court sentences juvenile to life imprisonment in gang-rape, double murder case

India TV News  

A POCSO court in Uttar Pradesh’s Lakhimpur Kheri on Friday sentenced a juvenile to life imprisonment in a gang-rape and double-murder case. Special public prosecutor Brijesh Kumar Pandey said that after holding the juvenile guilty on August 22, the special POCSO court of Additional District Judge Rahul Singh pronounced the sentences on Friday under various sections in which he was …

Preliminary Assessment Of Mental & Physical Capacity Of Juvenile To Commit Heinous Offence Must Be Concluded Expeditiously: Delhi High Court
1 year, 7 months ago

Preliminary Assessment Of Mental & Physical Capacity Of Juvenile To Commit Heinous Offence Must Be Concluded Expeditiously: Delhi High Court

Live Law  

The Delhi High Court has ruled that every preliminary assessment under section 15 of the Juvenile Justice Act in relation to heinous offences committed by a juvenile must be initiated and concluded expeditiously in terms of section 14 of the Act. The court added: “…every preliminary assessment under Section 15 of JJ Act in relation to heinous offences must be …

Juvenile Justice Board's Decision To Try Child As Adult Must Be Transparent And Fair: Bombay High Court
1 year, 8 months ago

Juvenile Justice Board's Decision To Try Child As Adult Must Be Transparent And Fair: Bombay High Court

Live Law  

Owing to several procedural lapses by the Juvenile Justice Board, Yavatmal, the Bombay High Court ordered re-adjudication of a plea to try two juveniles as adults in the case of a gang-rape of a minor girl. Justice GA Sanap at the Nagpur bench noted that the JJB’s roznama didn’t specify if the juveniles or their advocates were even given a …

Punjab & Haryana High Court Issues Notice On Plea Seeking SOP For Regulating Custody Period Of Persons With Multiple Cases
1 year, 10 months ago

Punjab & Haryana High Court Issues Notice On Plea Seeking SOP For Regulating Custody Period Of Persons With Multiple Cases

Live Law  

The Punjab & Haryana High Court has issued a notice to government of Punjab and Haryana on a petition seeking formulation of Standard Operating Procedures for regulating the total period of custody undergone by a person detained in multiple cases. The petitioner argues that reading the custody period of all cases jointly would amount to violation of the right to …

Explained | How can a juvenile be tried as an adult in Court?
1 year, 10 months ago

Explained | How can a juvenile be tried as an adult in Court?

The Hindu  

The story so far: The National Commission for Protection of Children has recently issued guidelines for conducting a preliminary assessment by the Juvenile Justice Board under Section 15 of the Juvenile Justice Act, 2015. Section 15 of the JJ Act provides that in case of a heinous offence alleged to have been committed by a child, who has completed or …

Punjab And Haryana High Court Relaxes Norm On 'Mandatory Custody' For Suspension Of Sentence In NDPS Cases
2 years ago

Punjab And Haryana High Court Relaxes Norm On 'Mandatory Custody' For Suspension Of Sentence In NDPS Cases

Live Law  

A division bench comprising of Justices M.S. Ramachandra Rao and Sukhvinder Kaur of the Punjab and Haryana High Court has held that the norm of undergoing minimum mandatory period of custody of 6 years for consideration of grant of relief of suspension of sentence in cases where there is conscious possession of commercial quantity of contraband RCR 316) is liable …

Juvenile Directed To Be Tried As Adult Can Seek Bail From Children's Court U/S 12 JJ Act, Need Not Resort To CrPC: Karnataka High Court
2 years ago

Juvenile Directed To Be Tried As Adult Can Seek Bail From Children's Court U/S 12 JJ Act, Need Not Resort To CrPC: Karnataka High Court

Live Law  

The Karnataka High Court has made it clear that once an order is passed under Section 15 of the Juvenile Justice Act, holding that a child in conflict with law is required to be tried for heinous offences as an adult, the JJ Board has no jurisdiction to consider the bail application pending before it. A single judge bench of …

S.9(2) JJ Act | Court Must Undertake Inquiry Before Rendering Decision On Plea Of Juvenility Of Accused: Orissa High Court
2 years, 1 month ago

S.9(2) JJ Act | Court Must Undertake Inquiry Before Rendering Decision On Plea Of Juvenility Of Accused: Orissa High Court

Live Law  

The Orissa High Court has clarified that when a plea of juvenility is made before a Court, other than a Juvenile Justice Board, it must undertake an inquiry and take evidence, if any as per the mandate of Section 9 of the Juvenile Justice Act, before rendering any decision on the application. While setting aside an order for non-compliance of …

[POCSO Act] Special Court Cannot Impose Sentence Lower Than Minimum Punishment Prescribed: Karnataka High Court
2 years, 2 months ago

[POCSO Act] Special Court Cannot Impose Sentence Lower Than Minimum Punishment Prescribed: Karnataka High Court

Live Law  

The Karnataka High Court has enhanced the sentence of five years imposed by the special court on an accused convicted under the Protection of Children From Sexual Offences, Act, observing that when the statute has prescribed a minimum sentence of seven years for the offence punishable, the Special Judge did not have any power whatsoever to reduce minimum sentence to …

POCSO is not meant to criminalise consensual relationships: Delhi High Court
2 years, 4 months 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 …

[POCSO Act] Child Sexual Abuse Increasing Alarmingly, Courts Must Imbibe Legislative Wisdom: Delhi High Court
2 years, 5 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 …

Seven Years After Release, Delhi High Court Sentences Man To 5 Years In Jail For Sexual Assault Of 4-Year-Old
2 years, 5 months ago

Seven Years After Release, Delhi High Court Sentences Man To 5 Years In Jail For Sexual Assault Of 4-Year-Old

Live Law  

More than 7 years after he was released on probation — even though he had spent just nine months in jail, the Delhi High Court has sentenced the man to five years rigorous imprisonment for sexually assaulting a four-year-old minor victim.The man was convicted for the offences under Section 363 of Indian Penal Code, 1860 and Section 10 of Indian …

[JJ Act] No Fundamental or Statutory Right To Pursue Higher Education Outside India, Juvenile's Right To Travel Abroad Can Be Curtailed: Punjab And Haryana High Court
2 years, 5 months ago

[JJ Act] No Fundamental or Statutory Right To Pursue Higher Education Outside India, Juvenile's Right To Travel Abroad Can Be Curtailed: Punjab And Haryana High Court

Live Law  

The Punjab and Haryana High Court has held that an undertrial or a juvenile who is in conflict with law does not have any fundamental or statutory right to pursue higher education abroad.Justice Jasgurpreet Singh Puri in the ruling also said that though the right to travel abroad is a "valuable and basic right" apart from being an integral part …

PIL seeks speedy trial of POCSO cases, Bombay HC asks petitioner to approach ad-hoc committee
2 years, 5 months ago

PIL seeks speedy trial of POCSO cases, Bombay HC asks petitioner to approach ad-hoc committee

India Today  

A plea was filed in Bombay High Court seeking directions to special courts under Protection of Children under Sexual Offences Act in Mumbai to record statements of minor victims within two months. Apart from expeditious disposal of POCSO cases, the petitioner also sought direction to record evidence of all victims in all POCSO matters within 30 days of court taking …

Seeking minor's confession of crime unconstitutional, declares Delhi High Court
2 years, 5 months ago

Seeking minor's confession of crime unconstitutional, declares Delhi High Court

Firstpost  

The high court was hearing a criminal reference relating to the issuance of guidelines to be followed by Juvenile Justice Boards in conducting preliminary assessments before sending a minor for trial as an adult New Delhi: Seeking a confession about an alleged crime committed by a juvenile is unconstitutional as a “presumption is raised at the pre-trial stage itself that …

[JJ Act] Extracting Confession From Child Is Unconstitutional, Beyond Scope Of Preliminary Assessment Report: Delhi HC
2 years, 5 months ago

[JJ Act] Extracting Confession From Child Is Unconstitutional, Beyond Scope Of Preliminary Assessment Report: Delhi HC

Live Law  

The Delhi High Court has observed that extracting confession from a child regarding the manner in which the offence was committed by him is unconstitutional and beyond the scope of a preliminary assessment report required to be prepared under the Juvenile Justice Act, 2015. This manner of seeking a confession from the child is unconstitutional and beyond the scope of …

Avoid Hyper-technical Approach In Deciding Juvenility Claim; If Two Views Possible, Lean In Favour Of Accused : Supreme Court
2 years, 6 months ago

Avoid Hyper-technical Approach In Deciding Juvenility Claim; If Two Views Possible, Lean In Favour Of Accused : Supreme Court

Live Law  

Revealing a rather unpleasant truth, the Supreme Court of India on Monday lamented that once children are caught in the web of adult criminal justice system, it is difficult for them to get out of it unscathed. Going through the provisions of the Act, the Court said that as per Section 20 of the 2000 Act, in all cases where …

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 …

JJ Act | "Heinous Offence" Is One Where Peremptorily Punishment Is Imprisonment Upto 7 Yrs Or More: Punjab & Haryana High Court
2 years, 6 months ago

JJ Act | "Heinous Offence" Is One Where Peremptorily Punishment Is Imprisonment Upto 7 Yrs Or More: Punjab & Haryana High Court

Live Law  

Punjab and Haryana High Court recently held that when the accused had, while committing the offence of lurking house trespass by night or house-breaking by night, also voluntarily caused or attempted to cause death, then the convicting Court can per-emptorily impose a sentence of life imprisonment, upon the juvenile in conflict with law. The bench comprising Justice Sureshwar Thakur further …

JJ Act Implementation: High Court Seeks DSLSA's Response On Operationalizing Scheme For Deployment Of Para Legal Volunteers In Police Stations
2 years, 6 months ago

JJ Act Implementation: High Court Seeks DSLSA's Response On Operationalizing Scheme For Deployment Of Para Legal Volunteers In Police Stations

Live Law  

Dealing with a criminal reference concerning implementation of various provisions of Juvenile Justice Act, the Delhi High Court has recently sought response of the Delhi State Legal Services Authority on operationalising NALSA Scheme for Para-Legal Volunteers which provides for the presence of paralegal volunteers in police stations, to apprise arrestees of their legal rights. While directing DSLSA to file status …

Juvenile Justice | Only JJB And Not Trial Court Has Power To Determine Juvenility U/S 94: Madhya Pradesh High Court
2 years, 7 months ago

Juvenile Justice | Only JJB And Not Trial Court Has Power To Determine Juvenility U/S 94: Madhya Pradesh High Court

Live Law  

The Madhya Pradesh High Court, Indore Bench recently held that the trial court does not have the power under Section 94 of Juvenile Justice Act, 2015 to determine the age as contested by the accused and that the same can be exercised only by the Juvenile Justice Board. Setting aside the order passed by the lower court whereby it had …

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