[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 give their questions to the Special Court, which will then ask those questions to the child victim during the examination. Thus, the mode of examination contemplated under section 33 of the Act is to be applied notwithstanding the victim crossing the age of eighteen.” The petitioner was the sole accused booked under Section POCSO Act and IPC for allegedly committing sexual offences including rape of a minor girl. Thus, the Court considered whether the defence counsel could put questions directly to the victim during the cross-examination if the victim has attained the age of majority during the date of examination.

Trial Court Sexual Abuse Age Victim Child Examination Date Act Pocso Section 33  unchanged  court  age  332  s  victim  child  mode  intermediary  trial  pocso  examination  stated  remains  majority  date  act  kerala

History of this topic

[S.377 IPC Attempt] Crimes Against Women & Children On The Rise, Releasing Convict On Probation Will Send Wrong Message: Kerala High Court
2 weeks, 1 day ago

[S.377 IPC Attempt] Crimes Against Women & Children On The Rise, Releasing Convict On Probation Will Send Wrong Message: Kerala High Court

Live Law  

The Kerala High Court has refused to invoke the provisions of the Probation of Offenders Act in the benefit of a man convicted by the Trial Court under Section 377 and 506 of IPC. Court said, “But in the light of the nature of the offences committed, I do not think that the benevolent provisions require to be invoked because …

[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, 4 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 …

Madras High Court Declines To Interfere With Order To Register FIR Against News Channel For Allegedly Revealing Identity Of POCSO Victim
2 weeks, 6 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, 6 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
3 weeks 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
3 weeks, 1 day ago

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

New Indian Express  

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

POCSO Act: All India Annual Digest 2024
3 weeks, 6 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
1 month 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 …

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 …

Kerala HC directs mandatory preservation of foetus in MTP case involving POCSO victims
1 month ago

Kerala HC directs mandatory preservation of foetus in MTP case involving POCSO victims

New Indian Express  

According to the petitioner, he reported the matter to the police on April 13, 2021. However, the police sent a letter to the hospital only on April 16, 2021, informing that if the MTP of the victim was carried out, the fetus was to be preserved for DNA examination. The petitioner reported the crime without much delay, but he did …

'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 …

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 …

Supreme Court Annual Digest 2024: POCSO Act
1 month, 2 weeks ago

Supreme Court Annual Digest 2024: POCSO Act

Live Law  

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

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 …

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, 1 week 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, 1 week 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 …

Mandate U/S 19 POCSO Act To Report Offence Is To Be Performed By A Person In Personal Capacity: Kerala HC Quashes Case Against Ex-CWC Head
Trending News
2 months, 2 weeks ago

Mandate U/S 19 POCSO Act To Report Offence Is To Be Performed By A Person In Personal Capacity: Kerala HC Quashes Case Against Ex-CWC Head

Live Law  

The Kerala High Court observed that the mandate of reporting offences provided under Section 19 of the Protection of Children from Sexual Offences Act, 2012 is not of an official character and the person has to report it in his personal capacity. “Section 19 of the POCSO Act casts a mandate on any person to report the commission of an …

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

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 …

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

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

Live Law  

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

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 …

Gujarat HC raps law machinery for invoking POCSO Act in molestation case 8 years after FIR
2 months, 3 weeks ago

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

Hindustan Times  

Ahmedabad, The Gujarat High Court has berated the police and prosecution for invoking sections of the Protection of Children from Sexual Offences Act against four men in a molestation case eight years after the FIR was filed and when the trial was near completion. The court said the investigating agency as well as prosecution prima facie failed to discharge their …

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

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

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

Live Law  

Taking into account the "substantial growth of sexual offences against children below the age of 18 years" in the state, the Jabalpur bench of the Madhya Pradesh has initiated a suo-moto PIL to enquire from the Central as well as the State Governments as to what steps have been taken on the implementation of the POCSO Act. The court further …

Criminal Proceedings Involving Serious Offences Under POCSO Act Can't Be Quashed On Settlement Between Parties: Kerala High Court
3 months, 1 week ago

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

Live Law  

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

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

POCSO Act | Absence Of Semen In Penetrative Sexual Assault Will Not Weaken Victim's Testimony: Punjab & Haryana High Court
3 months, 2 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, 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 …

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, 3 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 …

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 …

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
4 months 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 …

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

Conviction Under Wrong Provision Of POCSO Act: Patna High Court Orders Release Of Sexagenarian After 10 Years, Enhances Victim's Compensation
4 months ago

Conviction Under Wrong Provision Of POCSO Act: Patna High Court Orders Release Of Sexagenarian After 10 Years, Enhances Victim's Compensation

Live Law  

The Patna High Court has ordered the release of a man in his sixties, previously convicted by a Sessions Court for the rape of his 12-year-old niece, citing the application of a wrong provision of the Protection of Children from Sexual Offences Act, 2012. Learned Trial Court has not noticed the facts that the alleged offence has been committed in …

The Unintended Victims: How POCSO Affects Adolescents' Autonomy And Access To Health
4 months, 1 week ago

The Unintended Victims: How POCSO Affects Adolescents' Autonomy And Access To Health

Live Law  

In the last six months almost every High Court has faced the question of criminalization of romantic relationships under the Protection of Children from Sexual Offences Act, 2012. Giving the judges of these special courts controlled discretionary powers under the POCSO Act itself would not only make the legal process short but also ensure that the trial remains child-friendly and …

Adult Sexual Predators Ought Not To Be Afforded Leeway By Micro Analysis Of Child Victim's Testimony: Sikkim High Court
4 months, 2 weeks ago

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

Live Law  

The Sikkim High Court recently set aside the judgment of a Trial Court by which it acquitted a person charged with Sections 9 and 9 of POCSO Act and Section 354 of IPC on the ground that Trial Court was in error in acquitting the accused despite the unwavering evidence of the child victim on record and her evidence being …

Kerala 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 …

Rape Victim Testimony Not Vitiated By Mere Lack Of Medical Evidence But Courts Must Be On Guard Against False Implication Of Accused: Jharkhand HC
6 months, 2 weeks ago

Rape Victim Testimony Not Vitiated By Mere Lack Of Medical Evidence But Courts Must Be On Guard Against False Implication Of Accused: Jharkhand HC

Live Law  

The Jharkhand High Court has reiterated that sexual assaults, typically not occurring in public, do not necessitate corroboration in every instance. The court highlighted that unless a victim's testimony contains something significantly unusual, it should not be dismissed solely for lack of medical evidence. The division bench, led by Justices Ananda Sen and Gautam Kumar Choudhary, noted, “At the outset, …

POCSO Act | Child Victim Of Traumatic Sexual Assault Must Not Be Repeatedly Called To Testify In Court : Supreme Court
6 months, 3 weeks ago

POCSO Act | Child Victim Of Traumatic Sexual Assault Must Not Be Repeatedly Called To Testify In Court : Supreme Court

Live Law  

Recently, the Supreme Court dismissed the plea of an accused in a case under the Protection of Children from Sexual Offences Act of 2012 seeking recall of the victim under Section 311 of CrPC who was already cross-examined by the defence.The Court said that once the defence was granted ample opportunities to cross-examine the victim than the victim could not …

'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 …

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

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

Live Law  

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

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

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 …

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