Purpose Of POCSO Act Is To Treat Minors As A Class By Itself So That An Attempt To Sexual Assault Or Molest Minors Entails Graver Consequences: Delhi HC
3 years, 3 months ago

Purpose Of POCSO Act Is To Treat Minors As A Class By Itself So That An Attempt To Sexual Assault Or Molest Minors Entails Graver Consequences: Delhi HC

Live Law  

The Delhi High Court has observed that the purpose of the POCSO Act is to treat minors as a separate class by itself so that an attempt to sexually assault or molest or abuse the minor entails graver and stricter consequences. 6 of the POCSO Act is life imprisonment extending upto the natural life of the accused, therefore, bail ought not be granted in the matter. "The purpose of the POCSO Act is to treat minors as a class by itself and to treat them separately so that an attempt to sexual assault or harass or molest or abuse the minor entails graver and stricter consequences. "Charges have been framed against all the accused, including the petitioners herein, for offences under Sections 376, 376, 506 read with Section 34 IPC and Section 6 of the POCSO Act.

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History of this topic

Man gets 35 years in jail for sexually assaulting minor
6 days, 14 hours ago

Man gets 35 years in jail for sexually assaulting minor

The Hindu  

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

POCSO court sentences 51-yr-old man to life imprisonment for raping minor girl
1 week, 3 days ago

POCSO court sentences 51-yr-old man to life imprisonment for raping minor girl

Hindustan Times  

MUMBAI: A special POCSO Act court sentenced a 51-year-old man to life imprisonment for raping and threatening a 12-year-old girl of physical harm. In court, the defence alleged that the accused was falsely implicated due to disputes over money with the girl’s mother. In a detailed order passed on March 17, special judge S J Ansari stated that the prosecution …

When Conviction Is Under Both POCSO Act & IPC, Offender Liable To Be Sentenced Under Provision Prescribing Higher Punishment : Supreme Court
3 weeks, 1 day ago

When Conviction Is Under Both POCSO Act & IPC, Offender Liable To Be Sentenced Under Provision Prescribing Higher Punishment : Supreme Court

Live Law  

The Supreme Court clarified that when a person is convicted for an offence under both the Protection of Children from Sexual Offences Act, 2012 and the rape provisions of the IPC, Section 42 of the POCSO Act mandates the imposition of the higher degree of punishment prescribed either under the POCSO Act or Indian Penal Code. “Section 42 specifically deals …

Pressing lips without sexual intent not Pocso offence: Delhi HC
3 weeks, 4 days ago

Pressing lips without sexual intent not Pocso offence: Delhi HC

Hindustan Times  

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

Pressing minor’s lips not always Pocso offence: Delhi HC
3 weeks, 4 days ago

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

New Indian Express  

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

Pressing, touching minor’s lips without sexual advances not ‘aggravated sexual assault’: Delhi High Court
Trending News
3 weeks, 4 days ago

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

The Hindu  

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

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

Delhi: POCSO case registered against teacher for allegedly raping minor girl in CR Park area
1 month ago

Delhi: POCSO case registered against teacher for allegedly raping minor girl in CR Park area

India TV News  

Delhi: POCSO case registered against teacher for allegedly raping minor girl in CR Park area According to the victim, the teacher had threatened and blackmailed her. In a shocking incident, a 15-year-old girl was allegedly raped multiple times by her tuition teacher in south Delhi. Further, she alleged that the accused mentally harassed and raped her multiple times in the …

POCSO Act: All India Annual Digest 2024
1 month, 1 week 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 …

Prisoners convicted of sexual offences not eligible for premature release
1 month, 2 weeks ago

Prisoners convicted of sexual offences not eligible for premature release

The Hindu  

In a decisive move aimed at sending a strong message to prisoners convicted of sexual offences, the Tamil Nadu government has amended its prison rules. Under the amendment, prisoners convicted of crimes such as rape, or those sentenced under the Protection of Children from Sexual Offences Act will no longer be eligible for premature release. Last month, the Director-General of …

Supreme Court Annual Digest 2024: POCSO Act
1 month, 3 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 …

Court sentences man to 20 years rigorous RI in POCSO case
2 months 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 …

POCSO charges pressed against three reporters of top Malayalam news channel
2 months, 2 weeks 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 …

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, 3 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 …

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

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

Live Law  

The Punjab & Haryana High Court has acquitted two men in a sexual assault case under the Protection of Children from Sexual Offences Act, observing that the presumption under Section 29 for abetting or attempting to commit certain offences under the Act cannot be drawn on account of lack of evidence.As per Section 29 of the POCSO Act, where a …

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

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

Live Law  

The Punjab & Haryana High Court has acquitted two men in a sexual assault case under the Protection of Children from Sexual Offences Act, observing that the presumption under Section 29 for abetting or attempting to commit certain offences under the Act cannot be drawn on account of lack of evidence. As per Section 29 of the POCSO Act, where …

Rise In Sexual Offences Against Children Serious: Madhya Pradesh HC Initiates Suo Motu PIL, Questions Centre/State On POCSO Act Implementation
3 months, 2 weeks 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 …

POCSO Act Being Enacted Subsequently Will Prevail Over SC/ST Act In Case Of Conflict: Punjab & Haryana High Court
3 months, 2 weeks ago

POCSO Act Being Enacted Subsequently Will Prevail Over SC/ST Act In Case Of Conflict: Punjab & Haryana High Court

Live Law  

The Punjab & Haryana High Court has reiterated if there is a conflict between the provisions of POCSO Act and the Scheduled Castes and the Scheduled Tribes Act, then provisions of the POCSO Act will be applicable as it was enacted subsequently. It also reaffirmed that a regular bail plea moved in a case registered under the provisions 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, 2 weeks 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 …

Child's Testimony Can't Be Brushed Aside, Punjab & Haryana HC Upholds Teacher's Conviction For Sexually Assaulting Student In School
3 months, 4 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 …

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

Conviction Under Wrong Provision Of POCSO Act: Patna High Court Orders Release Of Sexagenarian After 10 Years, Enhances Victim's Compensation
4 months, 2 weeks 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, 2 weeks 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 …

Five arrested for gang rape of woman, her minor niece in Delhi
4 months, 2 weeks ago

Five arrested for gang rape of woman, her minor niece in Delhi

Hindustan Times  

The Delhi Police has arrested five men for allegedly gang-raping a 22-year-old woman and her 17-year-old niece after reportedly spiking their drinks with alcohol and driving them to a house in Lajpat Nagar on Saturday night, officers said on Tuesday. The victims, in their statement to the police, said that while they stood outside the club in Defence Colony, five …

Adult Sexual Predators Ought Not To Be Afforded Leeway By Micro Analysis Of Child Victim's Testimony: Sikkim High Court
4 months, 3 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 …

Storage or watching child pornography offence under POCSO Act, IT law: SC
6 months, 1 week ago

Storage or watching child pornography offence under POCSO Act, IT law: SC

New Indian Express  

NEW DELHI: The Supreme Court on Monday in a major ruling held that the watching and even mere storage of child pornographic material is an offence under the Protection of Children from Sexual Offences Act. While setting aside the Madras HC order which held that merely downloading and or watching child pornography on one's electronic device did not constitute an …

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

Badlapur sexual assault case: Maharashtra Bandh to FIR against school for not complying with POCSO Act

Live Mint  

Badlapur sexual assault case: An FIR against the school authorities, for not complying with the provisions of section 19 of the POCSO Act, in connection with the alleged sexual assault of two fourth-grade girls at a school in Badlapur, Maharashtra. The SIT in the case said, “FIR registered against the school authorities for not complying to the provisions of section …

Badlapur assault case: SIT registers FIR against school authorities
7 months, 1 week ago

Badlapur assault case: SIT registers FIR against school authorities

Op India  

The special investigation team for Badlapur sexual assault against minors has registered an FIR against the school authorities, for not complying with the provisions of section 19 of the POCSO Act which mandates that every authority when they come to know about any such kind of sexual assault against minors are obligated to report this to police authorities for further …

'How Can POCSO Act Offence Be Termed Romantic?' : Supreme Court Slams HC Suggestion To Decriminalise 'Consensual' Sex Involving Older Teens
7 months, 1 week 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 …

Woman can also commit penetrative sexual assault in Pocso cases: Delhi HC
7 months, 3 weeks ago

Woman can also commit penetrative sexual assault in Pocso cases: Delhi HC

Hindustan Times  

The Delhi high court on Friday held that the offence of penetrative sexual assault under the Protection of Children from Sexual Offences Act can also be invoked against a woman. The court expanded the ambit of the provision while dealing with a plea filed by a woman challenging a city court’s March 2024 order of framing charges of penetrative sexual …

[S. 33(2) POCSO Act] Mode Of Examination Through Intermediary Remains Unchanged Even If Victim Attains Majority During Trial: Kerala HC
8 months 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 case: Delhi court says punishment must correspond to offence
8 months, 2 weeks ago

Pocso case: Delhi court says punishment must correspond to offence

Hindustan Times  

The punishment awarded to a convict should be commensurate with the gravity of offence in order to serve as an effective deterrent to like-minded people, a Delhi court said while sentencing a man for raping a minor girl in 2019. Additional sessions judge Susheel Bala Dagar sentenced Ashraf Rain to life imprisonment under section 6 of the Prevention of Children …

POCSO Act Often Misused To Settle Personal Scores, Even In Matrimonial Disputes False Accusations Made To Deny Custody To Father: Kerala HC
8 months, 3 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, 3 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 …

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

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

Live Law  

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

Man gets seven years jail under POCSO Act
1 year ago

Man gets seven years jail under POCSO Act

Deccan Chronicle  

Bilaspur, Mar 26 Special Judge Kanwar Chirag Singh on Tuesday sentenced one Salim Hussain, a resident of Himachal's Bilaspur district, to sever years of rigorous imprisonment for raping his minor daughter, officials on Tuesday said. He was convicted and sentenced to undergo seven years imprisonment and pay a fine of Rs 50,000. The accused had raped his daughter when her …

Any Person Regardless Of Gender & Age Can Be Accused Under POCSO Act: Kerala High Court Refuses To Quash Case Against Minor
1 year ago

Any Person Regardless Of Gender & Age Can Be Accused Under POCSO Act: Kerala High Court Refuses To Quash Case Against Minor

Live Law  

The Kerala High Court has held that any person regardless of gender and age can be an accused under the Protection of Children from Sexual Offences Act, 2012.It thus refused to quash the proceedings pending under the Act against a minor. The Kerala High Court has held that any person regardless of gender and age can be an accused under …

[POCSO Act] Kerala HC Upholds Conviction Of Father Accused Of Sexually Assaulting 9-Yr-Old Daughter, Says Life-Sentence Imposed By Trial Court Not Disproportionate
1 year ago

[POCSO Act] Kerala HC Upholds Conviction Of Father Accused Of Sexually Assaulting 9-Yr-Old Daughter, Says Life-Sentence Imposed By Trial Court Not Disproportionate

Live Law  

The Kerala High Court in a recent POCSO matter rejected the appeal of an accused who was convicted for committing aggravated penetrative sexual assault on his nine-year-old daughter. The Court also rejected the argument of the accused that the sentence imposed of 5 years under the POCSO Act, and 1 year under the IPC, was disproportionate to the gravity of …

[POCSO Act] Mandatory For Any Person Having Knowledge Of Offence To Inform Police Authorities: Punjab & Haryana High Court
1 year, 1 month 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 …

POCSO Act | Punjab & Haryana High Court Upholds Convict's Life Sentence Based On Solely Testimony Of 13-Yr Old Victim
1 year, 4 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 …

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

Simple Touch Not ‘Manipulation’ For Penetrative Sexual Assault Under POCSO Act: Delhi High Court

Live Law  

The Delhi High Court on Monday ruled that a simple act of touch cannot be considered as manipulation for the offence of penetrative sexual assault under Section 3 of the POCSO Act.Section 3 of the POCSO Act states that a person is said to commit "penetrative sexual assault" if he manipulates any part of the child’s body so as to …

Law Commission against lowering age of consent under POCSO Act
1 year, 6 months ago

Law Commission against lowering age of consent under POCSO Act

The Hindu  

September 29, 2023 07:08 pm | Updated September 30, 2023 06:53 am IST - NEW DELHI The government should not tinker with the age of consent — currently 18 years — under the Protection of Children from Sexual Offences Act, the Law Commission said in a report made public on September 29. ‘Tacit approval’ In the report, the Law panel …

Don’t reduce age of consent in Pocso to 16, Law Commission tells govt
1 year, 6 months ago

Don’t reduce age of consent in Pocso to 16, Law Commission tells govt

Hindustan Times  

NEW DELHI: The Law Commission of India has recommended against reducing the age of consent under the child sex abuse law to 16 years but proposed an amendment that would let courts impose a lesser sentence in cases where adolescents engage in consensual sexual relations with a female. The Law Commission has recommended guided judicial discretion in sentencing in cases …

Delhi High Court Directs Registrar To Seek Explanation From Trial Court Judge For Passing Non-Reasoned Order Granting Bail To POCSO Accused
1 year, 7 months ago

Delhi High Court Directs Registrar To Seek Explanation From Trial Court Judge For Passing Non-Reasoned Order Granting Bail To POCSO Accused

Live Law  

The Delhi High Court has directed its Registrar to seek an explanation from a trial court judge for passing a “non-reasoned” order granting bail to a POCSO accused. “The Registrar of this Court is directed to seek explanation on the administrative side from the concerned Judge, as to the reasons for passing the non-reasoned impugned order, report whereof shall. “The …

​Uttar Pradesh: POCSO court sentences juvenile to life imprisonment in gang-rape, double murder case
1 year, 7 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 …

65% Pocso cases pending in Delhi, several accused walk free
1 year, 7 months ago

65% Pocso cases pending in Delhi, several accused walk free

Hindustan Times  

On July 30, Asafak Alam, 29, was arrested for the rape and murder of a five-year old girl in Ernakulam, Kerala. A little over 65% of cases related to sexual offices committed against minors have been pending trial for at least a year, resulting in the release of several offenders on bail, according to data shared by Delhi Police. And …

POCSO Act is a gender-neutral legislation: Delhi High Court
1 year, 7 months ago

POCSO Act is a gender-neutral legislation: Delhi High Court

The Hindu  

The Delhi High Court has said that the POCSO Act is a gender-neutral legislation while rejecting an assertion that the law is being "misused" as it is a "gender based" enactment. Justice Swarana Kanta Sharma took exception to the submission made by an accused under the Protection of Children from Sexual Offences Act seeking to cross-examine the victim again before …

POCSO Act Is Gender Neutral, Misleading To Argue ‘It Is Gender-Based Legislation And Is Being Misused’: Delhi High Court
1 year, 7 months ago

POCSO Act Is Gender Neutral, Misleading To Argue ‘It Is Gender-Based Legislation And Is Being Misused’: Delhi High Court

Live Law  

The Delhi High Court has observed that the Protection of Children from Sexual Offences Act, 2012, is a gender-neutral legislation and that it is insensitive to argue that the law is being misused.While dealing with a POCSO case where the accused submitted that the enactment is a gender-based law and therefore is being misused, Justice Swarana Kanta Sharma said:“To say …

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

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

Live Law  

The Orissa High Court has recently held that undressing a girl under the age of 12 years, sleeping over her and merely asking her to penetrate her private part with male organ of the accused does not amount to rape. or ‘penetrative sexual assault’ as defined in section 3 of the POCSO Act.” The Prosecution Case The victim was five …

POCSO Act | Courts Cannot Impose Less Than Minimum Sentence Prescribed : Supreme Court
1 year, 8 months ago

POCSO Act | Courts Cannot Impose Less Than Minimum Sentence Prescribed : Supreme Court

Live Law  

The Supreme Court observed that the Courts cannot impose sentence lesser than the minimum punishments prescribed in POCSO Act.The POCSO Act was enacted to provide more stringent punishments for the offences of child abuse of various kinds, the bench of Justices Abhay S. Oka and Rajesh Bindal observed.In this case, the Trial Court sentenced the accused to rigorous imprisonment for …

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