The Distinction Between Section 7 Of The POCSO Act And Section 354 Of IPC
3 years, 10 months ago

The Distinction Between Section 7 Of The POCSO Act And Section 354 Of IPC

Live Law  

Correctness of the Bombay High Court judgment in Satheesh Vs State of Maharashtra in Criminal Appeal 161/ 2020 decided on 19.01.2021 is highly doubted. Section 7 of the POCSO Act reads as, " Whoever with sexual intent touches the vagina, PENIS, ANUS, or breast of the child….or any other act with sexual intent which involves physical contact ……is said to commit sexual assault." If the view taken by the Bombay High Court is accepted, then no punishment is possible since section 354 IPC does not include a 'male' victim. The sexual desire of the accused and the resultant injury caused to the body of the 'CHILD' Hence, this section cannot be equated with a sexual assault coming under section 354 of IPC. It does not speak 'about sexual intent' as in the case of section 7 of the POCSO Act; which gives an indication that the body of the woman and the injury caused to it by the touch of a man is the orientation of that particular section.

Sexual Assault Child Accused Ipc Woman Sec Act Pocso Sexual Offence Section 7 Of Intent Section 354 Sexual Intent Her Modesty 354 354 Ipc Section 7 Of The Pocso Act Section 354 Of Ipc  woman  distinction  intent  act  ipc  sexual  accused  offence  child  354  pocso

History of this topic

POCSO Act | Absence Of Semen In Penetrative Sexual Assault Will Not Weaken Victim's Testimony: Punjab & Haryana High Court
2 weeks, 4 days 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 …

Karnataka HC To Consider Whether POCSO Act Is Gender Neutral Or Not, Stays Proceedings Against Woman Accused Of Sexually Assaulting Minor
3 weeks, 5 days 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
1 month 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 …

Adult Sexual Predators Ought Not To Be Afforded Leeway By Micro Analysis Of Child Victim's Testimony: Sikkim High Court
1 month, 1 week 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 …

'How Can POCSO Act Offence Be Termed Romantic?' : Supreme Court Slams HC Suggestion To Decriminalise 'Consensual' Sex Involving Older Teens
4 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 …

Woman can also commit penetrative sexual assault in Pocso cases: Delhi HC
4 months, 2 weeks ago

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

Hindustan Times  

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

POCSO Act | Showing Private Parts, Dirty Movies To A Child Is Prima Facie 'Sexual Harassment': Uttarakhand High Court
5 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 …

POCSO Act Often Misused To Settle Personal Scores, Even In Matrimonial Disputes False Accusations Made To Deny Custody To Father: Kerala HC
5 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 …

Man acquitted of sexually assaulting 13-year-old girl
6 months, 1 week ago

Man acquitted of sexually assaulting 13-year-old girl

Hindustan Times  

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

Pocso cases reveal uneven grip of law
7 months ago

Pocso cases reveal uneven grip of law

New Indian Express  

For at least the second time this year, the judiciary’s understanding of the POCSO Act and its provisions on child sexual abuse material has come under the scanner. The Supreme Court rightly slammed the judgement, as the high court’s verdict was an incorrect reading of the two laws. Now, the Delhi High Court has undertaken a suo motu revision petition …

Man gets seven years jail under POCSO Act
8 months, 3 weeks 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
9 months, 1 week ago

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

Live Law  

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

S.19 POCSO Act Doesn't Obligate Doctor To "Investigate And Gather Knowledge" Of Sexual Assault To Report It To Police: Karnataka High Court
9 months, 3 weeks ago

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

Live Law  

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

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

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

Live Law  

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

Man gets 10-year jail term for sexually assaulting girl
1 year, 3 months ago

Man gets 10-year jail term for sexually assaulting girl

Hindustan Times  

Mumbai: A special POCSO court on Tuesday sentenced a 31-year-old man to ten years imprisonment for sexually assaulting a 13-year-old girl in February 2018 in Kurar Village, Malad East. HT Image The girl had gone to buy some grocery items when the accused took her to a secluded spot and sexually assaulted her, a police officer said, adding that the …

POCSO Act is a gender-neutral legislation: Delhi High Court
1 year, 4 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, 4 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, 5 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, 5 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 …

Meghalaya HC quashes POCSO charges against man, expresses concern on its misuse
1 year, 5 months ago

Meghalaya HC quashes POCSO charges against man, expresses concern on its misuse

Hindustan Times  

The Meghalaya high court on Wednesday quashed charges of the Protection of Children from Sexual Offences Act against a man stating that “consensual sexual intercourse with a 16-year-old girl didn’t come under the purview of the legislation”. Meghalaya high court The court of justice Wanlura Diengdoh released John Franklin Shylla forthwith, citing that sometimes “a large array of cases filed …

POCSO and the persecution of young love
1 year, 6 months ago

POCSO and the persecution of young love

The Hindu  

Shivani, a 16-year-old, first found out about the Protection of Children from Sexual Offences Act last year when her 17-year-old boyfriend mentioned in jest how he could be prosecuted for being physically intimate with her. Age of consent — distant from societal realities The Karnataka High Court last year urged the Law Commission of India to rethink the criteria for …

What is POCSO Act shown in Manoj Bajpayee's courtroom drama Bandaa?
1 year, 6 months ago

What is POCSO Act shown in Manoj Bajpayee's courtroom drama Bandaa?

Firstpost  

The rape of a minor was the base of the narrative in at least two Hindi movies that come to mind- Pitaah and Jaago. The film talks about the POCSO Act, which means the protection of children from of sexual offenses act. Section 2 of the POCSO Act contains the definition of child. Forms of child sexual abuse Penetrative sexual …

Incomprehensible For A Child To Understand Sexual Act, Can’t Be Tutored: Madras High Court Upholds Rape Conviction, Enhances Sentence
1 year, 8 months ago

Incomprehensible For A Child To Understand Sexual Act, Can’t Be Tutored: Madras High Court Upholds Rape Conviction, Enhances Sentence

Live Law  

While upholding the conviction of a man for sexually assaulting a minor child, the Madras High Court said that a child who is a victim of sexual assault, cannot be tutored to give evidence since it is incomprehensible for a child to understand a sexual act. Justice Anand Venkatesh noted that a child witness would broadly fall under two categories- …

Ejaculation Not Necessary Pre-Requisite For Purpose Of Proving 'Penetrative Sexual Assault' Under POCSO Act: Andhra Pradesh High Court
1 year, 8 months ago

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

Live Law  

Upholding the conviction of an accused in a case of rape, the Andhra Pradesh High Court said all that is required to prove the offence of ‘penetrative sexual assault’, defined under Section 3 of the POCSO Act is, mere penetration. The counsel for the accused contended that the trial court did not properly appreciate the medical evidence on record and …

Can't Presume Class XII Student Is Minor, Highly Preposterous: Delhi High Court Questions Police Over Addition Of POCSO Charge In Rape Case
1 year, 10 months ago

Can't Presume Class XII Student Is Minor, Highly Preposterous: Delhi High Court Questions Police Over Addition Of POCSO Charge In Rape Case

Live Law  

The Delhi High Court has slammed the police for invoking Section 6 of POCSO Act against an accused in a case of alleged rape, purportedly on the basis of an assumption that since the victim was a class XII student, she must be a minor.During the hearing of a petition seeking quashing of the rape case on the basis of …

Mumbai Court Convicts Man Under POCSO Act For Rubbing 100 Rupees Note On Minor's Lips, Making Derogatory Comment; Awards One Year Rigorous Imprisonment
1 year, 10 months ago

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

Live Law  

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

Judging a decade of the POCSO Act
1 year, 11 months ago

Judging a decade of the POCSO Act

The Hindu  

Ten years have passed since the Protection of Children from Sexual Offences Act, 2012, enacted in consequence to India’s ratification of the UN Convention on the Rights of the Child in 1992, came into effect on November 14, 2012. Even though the National Crime Records Bureau has not published data on male and female victims separately, in Chhattisgarh, male child …

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

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

Live Law  

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

Non-Reporting Of Child Sexual Abuse Is A Bailable Offence Under POCSO Act: Kerala High Court
2 years ago

Non-Reporting Of Child Sexual Abuse Is A Bailable Offence Under POCSO Act: Kerala High Court

Live Law  

The Kerala High Court on Thursday held that the offence punishable under Section 21 of the Protection of Children from Sexual Offences Act, 2012 is a bailable offence. The court then referred to Part II of First Schedule dealing with the classification of offences under other laws: Offence Cognizable or non-cognizable Bailable or non-bailable Trial Court If punishable with death, …

POCSO Act can be invoked in case of marriage with a minor girl under Islamic law: HC
2 years, 1 month ago

POCSO Act can be invoked in case of marriage with a minor girl under Islamic law: HC

The Hindu  

The Kerala High Court has held that marriage between a Muslim man and a Muslim minor girl under their personal law is not excluded from the Protection of Children from Sexual Offences Act. The court added that if one of the parties to the marriage is a minor, irrespective of the validity or otherwise of the marriage, offences under POCSO …

POCSO is not meant to criminalise consensual relationships: Delhi High Court
2 years, 1 month ago

POCSO is not meant to criminalise consensual relationships: Delhi High Court

The Hindu  

The Delhi High Court has remarked that the intention of the Protection of Children from Sexual Offences Act was to protect children below the age of 18 from sexual exploitation and that it was never meant to criminalise consensual romantic relationships between young adults. The counsel further said that the girl had last year approached the High Court of Punjab …

Considering consent: The Hindu Editorial on POCSO Act and the age of consent
2 years, 1 month ago

Considering consent: The Hindu Editorial on POCSO Act and the age of consent

The Hindu  

As much as the laws of a country must adhere to the principle of justice and fairness, they also need to stay in tune with the times. The judges said they were motivated to make this recommendation, having encountered several cases relating to minor girls over the age of 16 years having fallen in love and eloped with the boy, …

POCSO Act - Non-Reporting Of Sexual Assault Despite Knowledge Is A Serious Crime : Supreme Court
2 years, 1 month ago

POCSO Act - Non-Reporting Of Sexual Assault Despite Knowledge Is A Serious Crime : Supreme Court

Live Law  

The Supreme Court observed that non-reporting of sexual assault against a minor child despite knowledge is a serious crime.More often than not, it is an attempt to shield the offenders of the crime of sexual assault, the bench of Justices Ajay Rastogi and CT Ravikumar said while setting aside the Bombay High Court order that quashed criminal proceedings against a …

Can't Equate Act Of Mutual Love Between Young Boyfriend-Girlfriend To 'Sexual Assault' Under POCSO Act: Meghalaya HC
2 years, 1 month ago

Can't Equate Act Of Mutual Love Between Young Boyfriend-Girlfriend To 'Sexual Assault' Under POCSO Act: Meghalaya HC

Live Law  

While quashing POCSO charges against a minor's partner, the Meghalaya High Court has observed that the term 'sexual assault' as per the POCSO Act cannot be attributed to an act where there is mutual love and affection between a young couple.The observation came from the bench of Justice W. Diengdoh while disposing of the plea preferred by the POCSO accused …

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

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

Live Law  

Observing that offences against minors, especially sexual assault, are increasing alarmingly, the Delhi High Court on Tuesday stressed that it is necessary for the courts to "imbibe the legislative wisdom" behind enactment of the Protection of Children Against Sexual Offences Act. Observing that rape is a heinous crime which is abhorrent not only as against the victim but also against …

The persecution of consent
2 years, 2 months ago

The persecution of consent

The Hindu  

Meena* and her classmate Ravi had liked each other from the time they were in school together. A 2017 study by the Indian Council for Child Welfare on children apprehended under the POCSO Act for elopement in Tamil Nadu indicated that of the 118 boys who were apprehended for various sexual crimes under the Act and brought before the Juvenile …

Slight Penetration Without Any Visible Injury Enough To Constitute Rape & Aggravated Penetrative Sexual Assault Under IPC & POCSO Act: Sikkim HC
2 years, 3 months ago

Slight Penetration Without Any Visible Injury Enough To Constitute Rape & Aggravated Penetrative Sexual Assault Under IPC & POCSO Act: Sikkim HC

Live Law  

The Sikkim High Court recently held that a slight penetration without any visible injury is enough to constitute offence of rape and aggravated penetrative sexual assault under Sections 376 AB of the IPC as well as Section 5 of the POCSO Act. A Division Bench of Justices Bhaskar Raj Pradhan and Meenakshi Madan Rai noted, "Penetration to any extent is …

POCSO Case Against Minor Can Be Quashed On Parties Arriving At Mutual Settlement: Karnataka High Court
2 years, 3 months ago

POCSO Case Against Minor Can Be Quashed On Parties Arriving At Mutual Settlement: Karnataka High Court

Live Law  

The Karnataka High Court on Friday allowed a petition filed by a minor boy and set aside the investigation initiated against him under sections of the Protection of Children from Sexual Offences Act for allegedly sexually assaulting a minor girl, following a mutual settlement having arrived at between the parties. It would not be inapt to notice that young children …

As Dumka & K'taka Mutt Cases Trigger Outrage, A Look at POCSO and Rising Crimes Against Minors
2 years, 3 months ago

As Dumka & K'taka Mutt Cases Trigger Outrage, A Look at POCSO and Rising Crimes Against Minors

News 18  

The latest cases under Protection of Children from Sexual Offences Act, involving the death of a minor girl in Jharkhand’s Dumka after being set on fire and the Karnataka seer accused of sexually assaulting minor girls, have sparked massive uproar. Allahabad HC’s observation received backlash on social media with users pointing out the Supreme Court’s earlier order which stated that …

Dumka Killing: Police Include POCSO Act Charges In Case After Deceased Found To Be A Minor
2 years, 3 months ago

Dumka Killing: Police Include POCSO Act Charges In Case After Deceased Found To Be A Minor

ABP News  

New Delhi: Sections of the Protection of Children from Sexual Offences Act have been added in the case pertaining to the Class 12 student in Jharkhand who was set ablaze and succumbed to her injuries. Dumka police informed about adding the sections of the POCSO act in the case, as per news agency ANI. This comes after Child Welfare Committee …

Touching Child's Private Parts With Sexual Intent Sufficient To Attract POCSO Act, Absence Of Injury Not Relevant: Bombay High Court
2 years, 3 months ago

Touching Child's Private Parts With Sexual Intent Sufficient To Attract POCSO Act, Absence Of Injury Not Relevant: Bombay High Court

Live Law  

Merely touching the private parts of a child with sexual intent is enough for it to be construed as sexual assault under section 7 of the POCSO Act and a medical certificate demonstrating an injury is not mandatory, the Bombay High Court has held. "The absence of injury mentioned in the medical certificate will not make any difference to her …

Delhi High Court Modifies POCSO Conviction To Less Grave Offence, Orders Release As Convict's Imprisonment Exceeds Maximum Punishment
2 years, 4 months ago

Delhi High Court Modifies POCSO Conviction To Less Grave Offence, Orders Release As Convict's Imprisonment Exceeds Maximum Punishment

Live Law  

The Delhi High Court has held that a man accused of sexually abusing a minor cannot be punished under Section 6 of the POCSO Act for the offence of 'aggravated penetrative sexual assault' when the alleged act falls short of 'penetration'.The bench of Justice Jasmeet Singh held that without penetration, such act is only an attempt to rape or aggravated …

8-yr-old raped by 2 juveniles in Delhi's Shastri Park; accused booked under POCSO
2 years, 10 months ago

8-yr-old raped by 2 juveniles in Delhi's Shastri Park; accused booked under POCSO

India Today  

In a horrific incident, an 8-year-old girl was allegedly raped by two minors in the Shastri Park area of Delhi, police said on Tuesday. Victim raped by 2 juveniles During the enquiry, it was found that the incident happened on January 24 at around 2 PM, when the victim was playing outside her house and she was lured by one …

POCSO : Supreme Court Issues Notice On Teacher's Plea Challenging Conviction For Aggravated Sexual Assault Of Student
2 years, 11 months ago

POCSO : Supreme Court Issues Notice On Teacher's Plea Challenging Conviction For Aggravated Sexual Assault Of Student

Live Law  

The Supreme Court of India on Monday issued notice in a plea challenging the Madras High Court's order confirming conviction and sentence imposed on a teacher for committing the offence of aggravated sexual assault with against a student under the POCSO Act.A Bench comprising Justice SK Kaul and Justice MM Sundresh has issued notice on the Special Leave Petition as …

[POCSO] 'Penetration Sufficient, Presence Of Semen Not Necessary': Delhi High Court Upholds Conviction Of Man For Raping 5 Yr Old
2 years, 11 months ago

[POCSO] 'Penetration Sufficient, Presence Of Semen Not Necessary': Delhi High Court Upholds Conviction Of Man For Raping 5 Yr Old

Live Law  

The Delhi High Court has upheld the conviction and sentence awarded to a man for raping a 5 year old minor victim in a POCSO case. The Court observed that penetration is sufficient in order to constitute an offence under Section 376 of IPC and Section 6 of the POCSO Act and that presence of the semen is not necessary. …

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 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 …

Oral sex with minor not 'aggravated sexual assault' under POCSO, HC reduces jail term of man
3 years, 1 month ago

Oral sex with minor not 'aggravated sexual assault' under POCSO, HC reduces jail term of man

India TV News  

Highlights In 2016, an FIR was filed against a man accusing him of having 'oral sex' with a 10-year-old. Court today observed that oral sex with a minor is not 'aggravated sexual assault' under POCSO Act. Reducing the jail term of a man convicted of sexually assaulting a 10-year-old boy, the Allahabad High Court has observed that 'oral sex' with …

Error corrected: The Hindu Editorial on interpreting POCSO Act
3 years, 1 month ago

Error corrected: The Hindu Editorial on interpreting POCSO Act

The Hindu  

The Supreme Court has done well to correct an egregious error of interpretation committed by a judge in the Nagpur Bench of the Bombay High Court in holding that sexual assault on a child victim would require “skin-to-skin” contact. It has set aside two judgments that acquitted two offenders against children from the graver charge of sexual assault, even while …

"No Reason To Indict Male Only": Calcutta High Court Holds That 'Voluntary Sexual Union' Will Not Attract POCSO, Acquits Accused
3 years, 3 months ago

"No Reason To Indict Male Only": Calcutta High Court Holds That 'Voluntary Sexual Union' Will Not Attract POCSO, Acquits Accused

Live Law  

The Calcutta High Court held that voluntary joint act of sexual union will not attract offence under Protection of Children from Sexual Offences Act, 2012.If the union is participatory in nature, there is no reason to indict only the male just because of the peculiar nature of anatomy of the sexual organs of different genders, Justice Sabyasachi Bhattacharyya observed.To convict …

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

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

Live Law  

Touching the cheeks without sexual intent would not attract the offence of 'sexual assault', as defined under Section 7 of the POCSO Act, the Bombay High Court has observed on Friday, while granting bail to a man booked under various offences under POCSO.Granting bail to a 46-year-old man, the Bench of Justice Sandeep K. Shinde observed that primary evaluation of …

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