Criminal Proceedings Involving Serious Offences Under POCSO Act Can't Be Quashed On Settlement Between Parties: Kerala High Court
3 months 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 under the POCSO Act could not be quashed on the ground that the accused and the complainant had settled the matter. Justice A. Badharudeen found that prime facie case was made out against the petitioner and declined to quash the criminal proceedings under the POCSO Act based on the girl's affidavit for settlement. “Thus, the legal position is apparent and comprehensive that criminal proceedings involving very serious offences under the POCSO Act could not be quashed on the ground that the accused and the complainant had settled the matter.

Court Criminal Proceedings Accused Proceedings Fir Act Pocso Pocso Act Girl Petitioner Offences Sexual Intercourse Serious Offences  offences  parties  proceedings  high  act  quashing  settlement  girl  petitioner  kerala  accused  pocso  serious  quashed  ground  involving

History of this topic

[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
2 weeks, 1 day 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 …

Madras High Court Declines To Interfere With Order To Register FIR Against News Channel For Allegedly Revealing Identity Of POCSO Victim
2 weeks, 3 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 …

Complaint By Men Against Women Not Gospel Truth: Kerala HC Grants Bail To Mother Accused Of Sexually Abusing Breast-Feeding Daughter
2 weeks, 3 days ago

Complaint By Men Against Women Not Gospel Truth: Kerala HC Grants Bail To Mother Accused Of Sexually Abusing Breast-Feeding Daughter

Live Law  

The Kerala High Court recently allowed the bail application of a woman who was accused by her husband of committing aggravated sexual assault on their one-and-half-year old daughter. “In the order dated 24.02.2025, in B.A No.2241 of 2025, this Court observed that, there cannot be any unilateral investigation based on the complaint of a lady, treating it as gospel truth. …

Pocso case registered over alleged sexual abuse of minor girl by minor brother in Kerala
2 weeks, 4 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, 5 days 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
3 weeks, 3 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 …

Vaginal entry of penis not needed for rape under Pocso: Kerala High Court
3 weeks, 4 days ago

Vaginal entry of penis not needed for rape under Pocso: Kerala High Court

India Today  

The Kerala High Court recently ruled that the entry of a penis into the vagina is not essential to constitute penetrative sexual assault under the Protection of Children from Sexual Offences Act. "In other words, penetration of the male genital organ within the labia majora or the vulva, with or without any emission of semen or even an attempt at …

Settlement Cannot Justify Quashing Serious Crimes Like Murder, Rape, Or Corruption; No Legal Sanction For Such Compromises: J&K High Court
1 month, 1 week ago

Settlement Cannot Justify Quashing Serious Crimes Like Murder, Rape, Or Corruption; No Legal Sanction For Such Compromises: J&K High Court

Live Law  

The Jammu and Kashmir and Ladakh High Court has held that quashing criminal proceedings on the ground of a settlement between an offender and the victim is not the same as compounding an offence. For serious offences, like murder, rape, dacoity, etc., or other offences of mental depravity under Indian Penal Code or offences of moral turpitude under special statutes, …

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, 1 week 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, 1 week 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 …

Madras HC acquits Pocso convict for lack of corroborative evidence
1 month, 2 weeks ago

Madras HC acquits Pocso convict for lack of corroborative evidence

New Indian Express  

CHENNAI: The Madras High Court acquitted a man who was sentenced to 20 years of imprisonment in a Pocso case for sexual assault of a minor girl. Finding that the prosecution’s case against the convict was weakened by contradictions and lacked substantiated evidence, Justice M Nirmal Kumar set aside the conviction and sentence and ordered the man to be set …

Non-Disclosure Of Minor Criminal Cases Which Were Quashed Not Fatal For Appointment To Govt Post: Kerala High Court
1 month, 2 weeks ago

Non-Disclosure Of Minor Criminal Cases Which Were Quashed Not Fatal For Appointment To Govt Post: Kerala High Court

Live Law  

The Kerala High Court observed that every non-disclosure of criminal cases by an individual cannot be regarded as fatal for his appointment to a government post. Court stated, “Non-disclosure of two minor cases, which were later on quashed and closed, one by the High Court and another by paying the fine, would not itself make the petitioner unsuitable for the …

When Doctor Who Initially Treated POCSO Victim Reported Crime To Police, Action Against Subsequent Doctor U/S 21 Is Unwarranted: Kerala HC
1 month, 2 weeks ago

When Doctor Who Initially Treated POCSO Victim Reported Crime To Police, Action Against Subsequent Doctor U/S 21 Is Unwarranted: Kerala HC

Live Law  

The Kerala High Court has held that the POCSO Act does not provide an outer limit for reporting of offences to the Police, and that the intent is to report to the Police without delay. The Court was considering whether a doctor, who treated the victim subsequently, could be held criminally liable for failing to report the commission of offences …

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 …

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, 1 week 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, 2 weeks 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 …

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, 2 weeks 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 …

Sexual Assault Child Victim Has No Locus To File Quashing Plea In Name Of Saving Family's Honour, Future: Himachal Pradesh HC
2 months, 2 weeks 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 …

S.21 POCSO Act | Doctor Not Responsible To 'Verify' Age Of Victim Or 'Ascertain' If Offence Has Been Committed: Madras High Court
2 months, 2 weeks ago

S.21 POCSO Act | Doctor Not Responsible To 'Verify' Age Of Victim Or 'Ascertain' If Offence Has Been Committed: Madras High Court

Live Law  

The Madras High Court has recently observed that a Doctor does not have a responsibility to 'verify' or 'ascertain' the age of a victim brought in for abortion, for the purposes of reporting crime under POCSO Act. “As the Hon'ble Apex Court has astutely noted, the petitioner bore no responsibility to verify the victim girl's age or ascertain whether offences …

Kerala POCSO court sentenced Unais to 87 Years for raping minor girl
2 months, 2 weeks ago

Kerala POCSO court sentenced Unais to 87 Years for raping minor girl

Op India  

On 4th January, a POCSO court in Kerala’s Manjeri sentenced 29-year-old Unais, son of Hussain, to 87 years of rigorous imprisonment for sexually assaulting a 16-year-old minor girl. The court sentenced Unais to 40 years of rigorous imprisonment under Section 5 read with 6 of the POCSO Act, along with a fine of Rs 2 lakh. Furthermore, the court sentenced …

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 …

Cannot Quash POCSO Case Against BS Yediyurappa Based On Witnesses Statement Denying Alleged Incident: Karnataka High Court
3 months ago

Cannot Quash POCSO Case Against BS Yediyurappa Based On Witnesses Statement Denying Alleged Incident: Karnataka High Court

Live Law  

The Karnataka High Court on Wednesday expressed a prima facie view that it was not possible for it to quash proceedings initiated against former Chief Minister B S Yediyurappa registered under the Protection of Children From Sexual Offences Act Act, solely on the statements of witnesses recorded under Section 161 which have given a contrary view to that 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, 1 week 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 …

[S.376 IPC] Calcutta High Court Quashes False Promise To Marry Case Against Man 7 Yrs After "Consensual" Relationship With Complainant
Trending News
3 months, 1 week ago

[S.376 IPC] Calcutta High Court Quashes False Promise To Marry Case Against Man 7 Yrs After "Consensual" Relationship With Complainant

Live Law  

The Calcutta High Court has quashed a case of alleged rape filed by a woman, against a man, who she was in a consensual relationship with. The court said: From the said materials, in the case diary, this Court finds that the de facto complainant was aware that the petitioner was not interested in marriage but still continued the relationship …

False Promise To Marry: Karnataka High Court Quashes Rape Case By Married Woman Who Projected Herself To Be Divorced On Dating App
3 months, 2 weeks ago

False Promise To Marry: Karnataka High Court Quashes Rape Case By Married Woman Who Projected Herself To Be Divorced On Dating App

Live Law  

Observing that “there cannot be promise of marriage held on to a lady, who was already married,” the Karnataka High Court quashed a rape case registered against a man by a woman whom he met on 'bumble app' where the woman had in her profile projected herself to be a divorced lady. The complainant was already married and had projected …

Headmaster Guardian Of Entire School, Must Immediately Intimate Authorities Of Incidents Under POCSO Act: Madras HC Refuses To Quash Proceedings
3 months, 2 weeks ago

Headmaster Guardian Of Entire School, Must Immediately Intimate Authorities Of Incidents Under POCSO Act: Madras HC Refuses To Quash Proceedings

Live Law  

While refusing to set aside the criminal proceedings initiated against a school headmaster, the Madras High Court emphasised that the Headmaster was the guardian of the entire school and was expected to report any instances under the Protection of Children from Sexual Offences Act. If any incident covered under POCSO Act has taken place, the same has to be immediately …

Mother Was 'Shocked' To Find Unmarried Daughter Pregnant, Delay In Reporting To Police Justified: Kerala HC Quashes Case U/S 19 POCSO Act
3 months, 2 weeks ago

Mother Was 'Shocked' To Find Unmarried Daughter Pregnant, Delay In Reporting To Police Justified: Kerala HC Quashes Case U/S 19 POCSO Act

Live Law  

The Kerala High Court has held that the trauma and shock of a mother coming to know of her minor, unmarried daughter's pregnancy is a justifiable reason for delay in informing the POCSO offence to the police. the trauma and shock in the mind of the mother when she hears information that her unmarried daughter is 18 weeks pregnant would …

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

20 Yrs Sentence U/S 4(2) POCSO Act Can't Be Imposed When Accused Was Booked Only U/S 4: Gauhati High Court
3 months, 3 weeks ago

20 Yrs Sentence U/S 4(2) POCSO Act Can't Be Imposed When Accused Was Booked Only U/S 4: Gauhati High Court

Live Law  

The Gauhati High Court at Aizwal recently set aside the judgment and sentence order passed by a Trial Court under Section 4 of the POCSO Act, on the ground the charge was framed without specifying the charge to be under 4 or 4 of the POCSO Act and the Trial Court did not put any preliminary questions to the victim …

Court acquits man in POCSO case filed by girlfriend’s father
3 months, 3 weeks ago

Court acquits man in POCSO case filed by girlfriend’s father

Hindustan Times  

MUMBAI: A special POCSO court in Dindoshi last month acquitted a 32-year-old man from Kurla, almost seven years after he was charged under the POCSO act, based on the complaint filed by the father of a girl, who had alleged that the man kidnapped his daughter and sexually harassed her. Court acquits man in POCSO case filed by girlfriend’s father …

Actress who accused Malayalam star Mukesh of rape withdraws complaint, says no 'support and protection from government'
Trending News
3 months, 3 weeks ago

Actress who accused Malayalam star Mukesh of rape withdraws complaint, says no 'support and protection from government'

Hindustan Times  

A 51-year-old Malayalam actress who had levelled sexual abuse allegations against several male actors, including CPI MLA M Mukesh, on Friday said she was not keen on pursuing her complaints due to "lack of support and protection from the Kerala government". Malayalam actor and MLA, Mukesh, was accused of sexual abuse by a female actor The complainant also alleged "carelessness" …

Anna Nagar POCSO case | Supreme Court stays order for CBI probe into sexual assault of minor in Chennai
4 months, 1 week ago

Anna Nagar POCSO case | Supreme Court stays order for CBI probe into sexual assault of minor in Chennai

The Hindu  

The Supreme Court has stayed an order passed by the Madras High Court on October 1 transferring the investigation in a Protection of Children from Sexual Offences Act case from the Anna Nagar All Women Police Station in Chennai to the Central Bureau of Investigation. Passing interim orders on a criminal appeal preferred by the Greater Chennai City Police, the …

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

Kerala High Court Quashes Case Against Police Officer For Remarks Against Walayar Rape Victims, Asks DGP To Consider Action Against News Channel
6 months, 1 week 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 …

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

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

Live Law  

The Supreme Court on Tuesday criticized the Calcutta High Court for observing in a judgment that the Protection of Children from Sexual Offences Act, 2012 must be amended to decriminalise consensual sexual acts involving adolescents above sixteen years. The Supreme Court further expressed disapproval of the High Court's suggestion that an exception must be carved out for "non-exploitative" sexual acts …

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

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 …

Karnataka High Court Quashes Rape Proceedings Against POCSO Accused After He Marries Victim
8 months ago

Karnataka High Court Quashes Rape Proceedings Against POCSO Accused After He Marries Victim

Live Law  

The Karnataka High Court has quashed rape proceedings against an accused who during the pendency of the petition seeking quashing of offence was released on interim bail to allow him to marry the victim, who turned major and gave birth to a child. If the proceedings are not quashed, it would undoubtedly result in grave jeopardy to the life of …

POCSO Act | Showing Private Parts, Dirty Movies To A Child Is Prima Facie 'Sexual Harassment': Uttarakhand High Court
8 months ago

POCSO Act | Showing Private Parts, Dirty Movies To A Child Is Prima Facie 'Sexual Harassment': Uttarakhand High Court

Live Law  

The Uttarakhand High Court has observed that the exhibition of private parts to a child, showing him dirty films, would prima facie amount to 'sexual harassment' of a child and make out an offence under Section 11 read with Section 12 of the POCSO Act. Against the backdrop of these observations, the Court said that the sexual intent of the …

Court Should Not Go Into 'Correctness' Of Prosecution Materials In A Petition To Quash Criminal Proceedings: Kerala High Court
8 months, 1 week ago

Court Should Not Go Into 'Correctness' Of Prosecution Materials In A Petition To Quash Criminal Proceedings: Kerala High Court

Live Law  

Kerala High Court has held that while Court is exercising its power to quash proceedings, the Court cannot examine the correctness or genuineness of the complaint. to quash criminal proceedings, the High Court would have to proceed entirely on the basis of the allegations made in the complaint or the documents accompanying the same per se. It has been further …

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

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

Live Law  

The Kerala High Court has cautioned the Police officers as well as Courts to be vigilant against people with ill motivations who misuse the provisions of Prevention of Children from Sexual Offences Act to settle personal scores. Even in matrimonial disputes, it said, minor children are used for alleging POCSO offences so the father of the child would not get …

Allahabad HC Raises Concern Over Misuse Of POCSO Act Against Teenagers Involved In Consensual Romantic Relations
8 months, 2 weeks ago

Allahabad HC Raises Concern Over Misuse Of POCSO Act Against Teenagers Involved In Consensual Romantic Relations

Live Law  

The Allahabad High Court on Wednesday raised concerns over the misuse of the Protection of Children from Sexual Offences Act, 2012, particularly in consensual romantic relationships between teenagers. A bench of Justice Krishan Pahal added that while dealing with such cases, the challenge lies in distinguishing between genuine cases of exploitation and those involving consensual relationships, and this requires a …

False Implication For Getting Back Money: Kerala High Court Quashes Criminal Proceedings Against Man Accused Of Rape
8 months, 3 weeks ago

False Implication For Getting Back Money: Kerala High Court Quashes Criminal Proceedings Against Man Accused Of Rape

Live Law  

The Kerala High Court has held that in exceptional cases, the High Court by invoking its inherent powers under Section 482 of CrPC can even quash even criminal proceedings alleging the commission of an offence of rape under Section 376 of the Indian Penal Code. Therefore, by applying the principle holding the view that, in an exceptional case, even criminal …

Kerala High Court:Accidental Download of Child Pornography Not an Offence U
9 months ago

Kerala High Court:Accidental Download of Child Pornography Not an Offence U

Live Law  

The Kerala High Court has held that automatic or accidental downloading of children engaged in sexually explicit act or conduct is not an offence under Section 67B of the Information Technology Act when the evidence shows that there was no specific intent to do so. The bench observed that no prima facie case was made out against the petitioner Section …

[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 …

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