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
22 hours, 4 minutes 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 discharging official duty. The Kerala High Court has observed that Section 19 of POCSO Act which mandates reporting of POCSO offence is not carved out as an exception to Section 197 CrPC which pertains to requirement of sanction to prosecute public servants. Section 42A of the POCSO Act has restricted the operation of the non-obstante clause to the subject matters over which the special law shall have an overriding effect on the general law," the court observed. Section 42A of the POCSO Act has restricted the operation of the non-obstante clause to the subject matters over which the special law shall have an overriding effect on the general law.” Based on this, it held Section 19 of the Act is not inconsistent and does not exclude the applicability of Section 197 of the CrPC.

Court Criminal Procedure Public Servants Sanction Public Act Pocso Pocso Act Bnss Offence Crpc Offences Shall Section 197 Crpc Subject Section 19 Kerala Hc Section 197 197 Section 218 Vexatious Proceedings  pocso  19  shall  crpc  prosecuting  subject  kerala  hc  failure  act  offence  court  public  offences  report  197  servants  sanction

History of this topic

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
20 hours, 14 minutes 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 …

Case Transferred To POCSO Court After 8-Yrs Trial: Gujarat HC Says Police, Prosecution & Trial Court Prima Facie Failed In Discharging Duty
2 days, 18 hours 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 …

Chargesheet Cannot Be Based On Bald Assertions Of Connivance: Supreme Court
Trending News
3 days, 21 hours ago

Chargesheet Cannot Be Based On Bald Assertions Of Connivance: Supreme Court

Live Law  

sThe Supreme Court recently held that offences in the chargesheet cannot be based on bald assertions of connivance. The Supreme Court referred to the ample judgments interpreting Section 197 namely Manohar Nath Kaul v. State of Jammu & Kashmir, Shambhoo Nath Misra v. State of U.P. Having considered the application of Section 197, the Court opined that the arguments of …

Chargesheet Cannot Be Based On Bald Assertions Of Connivance: Supreme Court
Trending News
3 days, 21 hours ago

Chargesheet Cannot Be Based On Bald Assertions Of Connivance: Supreme Court

Live Law  

sThe Supreme Court recently held that offences in the chargesheet cannot be based on bald assertions of connivance. The Supreme Court referred to the ample judgments interpreting Section 197 namely Manohar Nath Kaul v. State of Jammu & Kashmir, Shambhoo Nath Misra v. State of U.P. Having considered the application of Section 197, the Court opined that the arguments of …

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
1 week, 5 days 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 …

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
1 week, 5 days 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 …

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

S.197 CrPC | When Can Public Servant's Offence Be Linked To Official Duties? Supreme Court Explains Principles
3 weeks, 4 days ago

S.197 CrPC | When Can Public Servant's Offence Be Linked To Official Duties? Supreme Court Explains Principles

Live Law  

In a recent decision, the Supreme Court summarised the principles relating to Section 197 of the Code of Criminal Procedure, which hold that public servants cannot be prosecuted in respect of acts done in the discharge of their official duties without sanction from the government.The judgment delivered by a bench comprising Justice JB Pardiwala and Justice Manoj Misra explained when …

POCSO Act Being Enacted Subsequently Will Prevail Over SC/ST Act In Case Of Conflict: Punjab & Haryana High Court
3 weeks, 4 days 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 weeks, 4 days 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 …

Adult Sexual Predators Ought Not To Be Afforded Leeway By Micro Analysis Of Child Victim's Testimony: Sikkim High Court
1 month, 4 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 Police to take suo moto cognizance of POCSO-related allegations cited in Hema committee report
3 months, 3 weeks ago

Kerala Police to take suo moto cognizance of POCSO-related allegations cited in Hema committee report

Op India  

Days after the state High Court came down heavily on Pinarayi Vijayan government for inaction, the Kerala Police are mulling to take suo motu cognizance of POCSO-related allegations mentioned in the Justice Hema Committee report. After the publication of Justice Hema Committee report citing sexual assault allegations in the Malayalam film industry, around 23 cases have been registered so far …

[POCSO] Accused's Culpable Mental State Cannot Be Considered At Pre-Trial Stage: Kerala High Court Dismisses Discharge Plea
4 months, 2 weeks ago

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

Live Law  

The Kerala High Court has held that the culpable mental state of the accused cannot be considered at the pre-trial stage when the prosecution makes out a prima facie case. The Court was considering whether culpable mental state under the POCSO Act could be considered at the time of discharge or quashment of the proceedings against the accused. It stated …

[S. 33(2) POCSO Act] Mode Of Examination Through Intermediary Remains Unchanged Even If Victim Attains Majority During Trial: Kerala HC
5 months, 1 week ago

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

Live Law  

The Kerala High Court has held that the mode of examining a victim through the Special Court in a POCSO case as per Section 33 of the POCSO Act remains unchanged even if the victim attains the age of majority during the trial. Section 33 of the POCSO Act mandates that the Special Public Prosecutor or the defence counsel shall …

POCSO Act | No Presumption Of Guilt Against Accused If Prosecution Fails To Prove 'Foundation Facts' Beyond Reasonable Doubt: Patna High Court
5 months, 2 weeks ago

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

Live Law  

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

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

[S. 33(5) POCSO Act] Child Witness Cannot Be Recalled To Fill Up Lacuna And Omission In Evidence Of Accused: Kerala High Court
7 months, 2 weeks ago

[S. 33(5) POCSO Act] Child Witness Cannot Be Recalled To Fill Up Lacuna And Omission In Evidence Of Accused: Kerala High Court

Live Law  

The Kerala High Court held that a child witness cannot be recalled for cross-examination by the accused to fill the lacuna or omission in their case as per Section 33 of the Protection of Children from Sexual Offences Act, 2012. However, in such cases, it should be established that such recalling is absolutely necessary for the just decision of the …

Any Person Regardless Of Gender & Age Can Be Accused Under POCSO Act: Kerala High Court Refuses To Quash Case Against Minor
9 months, 3 weeks 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
9 months, 3 weeks 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
10 months, 1 week ago

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

Live Law  

The Punjab & Haryana High Court has made it clear that any person knowing about the commission of an offence against a child under the Protection of Children from Sexual Offences Act must inform the police or Special Juvenile Police Unit irrespective of whether the concerned person is a parent of the child or friend.The Court was hearing a plea …

S.28 POCSO Act | Offences Under SC/ST Act Can Be Tried By POCSO Court If Part Of Same Transaction: Kerala High Court
1 year, 1 month ago

S.28 POCSO Act | Offences Under SC/ST Act Can Be Tried By POCSO Court If Part Of Same Transaction: Kerala High Court

Live Law  

The Kerala High Court has permitted a POCSO Court to try the offences under SC/ST Act relating to abuse and assault of the minor victim's father stating that the two offences were closely connected as the incident occurred within half hour of the offence under POCSO Act.Justice Gopinath P. relied on MS.P xxx Vs. State of Uttarakhand & Anr. 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 | Courts Cannot Impose Less Than Minimum Sentence Prescribed : Supreme Court
1 year, 6 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 …

Why Are POCSO Act's Provisions On Mandatory Reporting Under Challenge?
1 year, 10 months ago

Why Are POCSO Act's Provisions On Mandatory Reporting Under Challenge?

Live Law  

Delhi High Court on Tuesday issued a notice on a public interest litigation challenging the provisions of Protection of Children from Sexual Offences Act, 2012, that pertain to mandatory reporting of suspected sexual abuse of minors. Courts On Consensual Sex Vis-à-vis POCSO Act While the petition before Delhi High Court does not particularly seek any relief in respect of age …

Delhi HC Seeks Centre's Stand on Plea Against Mandatory Reporting of POCSO Offences
1 year, 10 months ago

Delhi HC Seeks Centre's Stand on Plea Against Mandatory Reporting of POCSO Offences

News 18  

The Delhi High Court on Tuesday sought the Centre’s stand on a plea against the provisions of POCSO Act pertaining to mandatory reporting of sexual offences against minors to police. A bench of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad issued notice on the petition by lawyer Harsh Vibhore Singhal who sought ”judicial invalidation” of sections 19, 21 …

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, 11 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 …

[POCSO Act] Special Court Cannot Impose Sentence Lower Than Minimum Punishment Prescribed: Karnataka High Court
1 year, 11 months ago

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

Live Law  

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

Non-Reporting Of Child Sexual Abuse Is A Bailable Offence Under POCSO Act: Kerala High Court
2 years, 1 month 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 Act - Non-Reporting Of Sexual Assault Despite Knowledge Is A Serious Crime : Supreme Court
2 years, 2 months 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 …

POCSO Act Prevails Over SC/ST Act; Accused Entitled To Directly Approach High Court U/S 439 CrPC When Charged Under Both Statutes: Kerala HC
2 years, 2 months ago

POCSO Act Prevails Over SC/ST Act; Accused Entitled To Directly Approach High Court U/S 439 CrPC When Charged Under Both Statutes: Kerala HC

Live Law  

The Kerala High Court has held that the Protection of Children from Sexual Offences Act, 2012 prevails over the Scheduled Tribes Act, 1989. When the Petitioner approached the High Court for bail, the Registry raised an objection that in view of the offences alleged under the SC/ST Act, an application for bail can be filed only before the Special Court …

[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 …

Himachal Pradesh High Court Issues Directions To POCSO Courts For Protection Of Identity Of Rape, Sexual Offence Victims
2 years, 3 months ago

Himachal Pradesh High Court Issues Directions To POCSO Courts For Protection Of Identity Of Rape, Sexual Offence Victims

Live Law  

The Himachal Pradesh High Court recently issued certain directions to the Special POCSO Courts so as to ensure that the identity of the child victim shall not be disclosed, at any time, during the course of investigation or trial.The bench of Justice Tarlok Singh Chauhan and Justice Virender Singh issued these directions while dealing with an appeal preferred by the …

POCSO Act Casts Burden Of Proof Upon Accused, Application U/S 311 CrPC To Summon Material Witnesses Should Ordinarily Be Allowed: Karnataka HC
2 years, 4 months ago

POCSO Act Casts Burden Of Proof Upon Accused, Application U/S 311 CrPC To Summon Material Witnesses Should Ordinarily Be Allowed: Karnataka HC

Live Law  

In connection with a trial under the POCSO Act, the Karnataka High Court has said that an application made by the accused under Section 311 of the CrPC for summoning of material witnesses should be ordinarily permitted unless the Court comes to a conclusion that it is a ruse to drag the proceedings or permitting it, would become an abuse …

POCSO Act Not In Derogation Of Any Other Law, Has Overriding Effect In Case Of Inconsistency: Karnataka High Court
2 years, 8 months ago

POCSO Act Not In Derogation Of Any Other Law, Has Overriding Effect In Case Of Inconsistency: Karnataka High Court

Live Law  

The Karnataka High Court recently increased the sentence of imprisonment from seven years to ten years, imposed on an accused convicted for raping a minor girl and charged under sections of the Protection of Children From Sexual Offences Act. It added, "In the instant case, there is no inconsistency as the offence under Section 376 as well as Section 6 …

Public Servant Can't Be Prosecuted Under SC/ ST Act In Absence Of Averments In FIR Showing 'Willful Negligence' Of Duties: Andhra Pradesh High Court
2 years, 8 months ago

Public Servant Can't Be Prosecuted Under SC/ ST Act In Absence Of Averments In FIR Showing 'Willful Negligence' Of Duties: Andhra Pradesh High Court

Live Law  

The Andhra Pradesh High Court recently discontinued an investigation in a crime in which the First Information Report did not indicate any willful negligence of duties by public servant which were required to be performed under the Scheduled Castes and Scheduled Tribes Act, 1989. Thereafter, the informant claimed to have approached the National Commission for Scheduled Castes, Hyderabad for release …

POCSO cases on the rise as exposure to social media leaves children vulnerable
2 years, 9 months ago

POCSO cases on the rise as exposure to social media leaves children vulnerable

The Hindu  

In November last year, the Ernakulam Additional District and Sessions Court for the trial of cases related to atrocities and sexual violence against women and children sentenced a man to 50 years of rigorous imprisonment for sexually abusing a six-year-old boy. “The increasing numbers is the result of our sustained awareness campaigns starting from the Anganwadi level on the importance …

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 …

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 …

Victim Protection Scheme In The State Only Exists On Paper: Kerala High Court Voices Concern Amid Rising POCSO Cases
3 years, 2 months ago

Victim Protection Scheme In The State Only Exists On Paper: Kerala High Court Voices Concern Amid Rising POCSO Cases

Live Law  

The Kerala High Court on Tuesday was alarmed by the increasing number of cases registered under the Protection of Children from Sexual Offences Act in the State and the absence of a procedure to protect children from these offences or threats from the perpetrators.Justice Devan Ramachandran while hearing a plea raised by a victim and her mother seeking police protection …

[S.197 CrPC] State Sanction Not Required To Prosecute Policemen For Their 'Illegal Acts': Kerala High Court
3 years, 2 months ago

[S.197 CrPC] State Sanction Not Required To Prosecute Policemen For Their 'Illegal Acts': Kerala High Court

Live Law  

The Kerala High Court has ruled that sanction stipulated under Section 197 Code of Criminal Procedure is not necessary to prosecute police officers in cases of police brutality since such acts are not related in any manner to the discharge of their official duties.Justice Mary Joseph remarked:".the accused can only be taken to have exercised their authority for committing some …

Taking Cognizance Of Offences Against Public Servants Without Sanction Under S.197 CrPC Bad In Law: Kerala High Court Reiterates
3 years, 4 months ago

Taking Cognizance Of Offences Against Public Servants Without Sanction Under S.197 CrPC Bad In Law: Kerala High Court Reiterates

Live Law  

The Kerala High Court on Wednesday held that it was necessary to obtain sanction under Section 197 of the Code of Criminal Procedure for prosecution against public servants, and that cognizance of the offences taken against them without such sanction was bad in law. Accordingly, reliance was placed on Amrik Singh v. State of Pepsu where it was held as …

No lowering of age limit to 16 from 18 for serious POCSO cases: What it means, challenges of preventing child sexual abuse
3 years, 4 months ago

No lowering of age limit to 16 from 18 for serious POCSO cases: What it means, challenges of preventing child sexual abuse

Firstpost  

POCSO Act was amended in order to make it more effective in dealing with cases of child sex abuse in the country and notified on 6 August, 2019 and made effective from 16 August, 2019 A parliamentary panel decided not to push for lowering the age limit to 16 years from 18 years for juveniles involved in serious POCSO cases …

Centre rejects panel’s idea to try 16+ as adults under Pocso
3 years, 4 months ago

Centre rejects panel’s idea to try 16+ as adults under Pocso

Hindustan Times  

The government has turned down the suggestion of the parliamentary panel on Home Affairs to charge as adults, those over the age of 16 involved in cases of child sexual assault, according to the action taken report tabled by the committee in Parliament on Tuesday. The JJ Act, 2015 empowers Juvenile Justice Board to decide upon matters of children in …

Sanction U/S 197 CrPC Required To Prosecute Public Servants If Alleged Act Committed Is Directly Concerned With Official Duty: Supreme Court
3 years, 5 months ago

Sanction U/S 197 CrPC Required To Prosecute Public Servants If Alleged Act Committed Is Directly Concerned With Official Duty: Supreme Court

Live Law  

The Supreme Court observed that sanction from competent authorities under Section 197 of Code of Criminal Procedure is required to prosecute public servants if the alleged act committed is directly concerned with the official duty.The yardstick to be followed is to form a prima facie view whether the act of omission for which the accused was charged had a reasonable …

Victim's Copy Of Chargesheet: Who Will Bear The Charge - Special Court (POCSO)/Ld. Magistrate Or The Police, Under Section 25(2) Of POCSO Act?
3 years, 7 months ago

Victim's Copy Of Chargesheet: Who Will Bear The Charge - Special Court (POCSO)/Ld. Magistrate Or The Police, Under Section 25(2) Of POCSO Act?

Live Law  

"The victim of crime is often a forgotten person in our criminal justice system"- Cleroux, R.. Although the story is plain without any hiccups being found by any stakeholder, but yes, there are legal and social issues involved, which are attempted to be structured in the following questions: Whether sub-section of Section 25 of the POCSO Act entails 'Free of …

POCSO Accused Not Entitled To Bail Merely On Ground Of Non-Compliance Of Section 35 : Karnataka High Court
3 years, 8 months ago

POCSO Accused Not Entitled To Bail Merely On Ground Of Non-Compliance Of Section 35 : Karnataka High Court

Live Law  

The Karnataka High Court has held that non compliance of section 35 of the Protection of Children from Sexual Offences Act, will not entitle the accused to be released on default bail. Section 35 of the POCSO Act provides that the evidence of the child shall be recorded within a period of thirty days of the Special Court taking cognizance …

POCSO- "Right Of Minor Victims To Participate In The Judicial Process"- Bombay High Court Issues Guidelines
3 years, 9 months ago

POCSO- "Right Of Minor Victims To Participate In The Judicial Process"- Bombay High Court Issues Guidelines

Live Law  

The Bombay High Court on Thursday issued guidelines for the effective implementation of the Protection of Children from Sexual Offences Act and To ensure the right of a child victim to participate in the in the Judicial process is protected. A Bench of Chief Justice Dipankar Datta and Justice GS Kulkarni, among other instructions, directed the Special Juvenile Police Unit …

POCSO Act : Kerala High Court Upholds Constitutionality Of Reverse Burden Of Proof Under Sections 29 & 30
4 years, 1 month ago

POCSO Act : Kerala High Court Upholds Constitutionality Of Reverse Burden Of Proof Under Sections 29 & 30

Live Law  

In a notable judgment, the Kerala High Court has upheld the constitutional validity of Sections 29 and 30 of the Protection of Children from Sexual Offences Act which creates a reverse burden of proof on the accused.A single bench of Justice Sunil Thomas rejected the arguments that these provisions violated fundamental rights under Articles 14, 20 and 21 of the …

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