12 August 2024


Search Results for Tag : POCSO

Notifications & Circulars

Elaborate infrastructure and facilities set up to ensure proper implementation of POCSO Act, 2012(20.07.2017)

The National Commission for Protection of Child Rights (NCPCR) is mandated under Section 44 of the Protection of Children from Sexual Offences (POCSO).....

Tags : Implementation, POCSO Act, Infrastructure

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No limitation period for reporting of the offences under the POCSO Act, 2012.(16.10.2018)

The Ministry of Women and Child Development had recently consulted Ministry of Law in view of the overriding provisions of the Protection of Children .....

Tags : Limitation period, Report, POCSO Act

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News

POCSO Court Orders Imprisonment and Fine in Sherwood Case(15.02.2016)

POCSO (Protection of Children from Sexual Offences) Court in Haldwani has announced six years of imprisonment and a Rs 5,000 fine for Akash Mandal, th.....

Tags : POCSO, Sherwood Case

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MP HC Grants Bail to Man Booked Under POCSO Act for Raping 15-Year Old Girl(17.09.2021)

Madhya Pradesh High Court has granted bail to a man booked under the Protection of Children from Sexual Offences Act, 2012 for allegedly raping a 15-y.....

Tags : Madhya Pradesh High Court, Man Booked Under POCSO Act for Raping 15-Year Old Girl

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SC: Serious Difficulties Regarding Application of POCSO to Cases of Relationship Among Young Adults(08.09.2022)

Supreme Court has held that it has faced certain difficulties while considering the applicability of Protection Of Children From Sexual Offences, 2012.....

Tags : Supreme Court, POCSO, Child

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Kar. HC: POCSO Case Against Minor Can be Quashed on Parties Arriving at Mutual Settlement(09.09.2022)

Karnataka High Court has allowed petition filed by minor boy and set aside investigation initiated against him under sections of the Protection of Chi.....

Tags : Karnataka High Court, POCSO, Mutual Settlement

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Kar. HC Refuses to Quash FIR Against Doctor Accused of Forcefully Performing Sex Change Operation(12.09.2022)

Karnataka High Court has refused to quash the FIR and chargesheet filed against a doctor under POCSO Act for allegedly conducting a forcible sex chang.....

Tags : Karnataka High Court, Sex Change Operation, POCSO

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HP HC Issues Direction to POCSO Courts for Protection of Identity of Rape Victims(16.09.2022)

Himachal Pradesh High Court has issued direction to the Special POCSO Courts to ensure that the identity of the child victim shall not be disclosed, a.....

Tags : Himachal Pradesh High Court, POCSO, Identity

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Gujarat HC: Legislature Conferred Precedence of POCSO Act Over SC/ST Act(08.10.2020)

Gujarat High Court has ruled that the comparative analysis of provisions of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.....

Tags : Gujarat High Court, Precedence of POCSO Act Over SC/ST Act

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Madras HC: Rigidity of Section 33(5) of POCSO Act Gets Diluted Once Victim Attains Majority(04.07.2022)

Madras High Court has held that Section 33 (5) of the Protection of Children from Sexual Offences (POCSO) Act was introduced to ensure that child is n.....

Tags : Madras High Court, POCSO, Cross Examination

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Delhi HC: POCSO Act Will be Applicable to Minor Muslim Girl Who Has Attained Age of Puberty(08.07.2022)

Delhi High Court while rejecting the argument that Muslim man can’t be charged under the POCSO Act because the girl has attained puberty, has held tha.....

Tags : Delhi High Court, POCSO, Muslim, Puberty

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Kar. HC Grants Bail to POCSO Accused as He Was Involved in Sexual Act With Minor After Marriage(13.07.2022)

Karnataka High Court has granted bail to an accused arrested under the Protection of Children from Sexual Offences Act and Child Marriage Act, noting .....

Tags : Karnataka High Court, POCSO, Elopement

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Ker. HC: State Must Formulate Victim Compensation Scheme for Victims of Sexual Offences under POCSO(03.08.2023)

Kerala High Court has observed that State must formulate a victim compensation scheme specifically for POCSO victims or to make necessary amendments i.....

Tags : Kerala High Court, Victim Compensation Scheme, POCSO

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Kerala HC Directs Re-Assessment of Merits of 3 Special Prosecutors Appointed in POCSO Courts(03.12.2018)

Kerala High Court has directed re-assessment of merits of three Special Public Prosecutors appointed in the Special Courts under Protection of Childre.....

Tags : Kerela High Court, POCSO Courts

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SC Urges Patna HC to Drop Proceedings Against Judge for Deciding POCSO Cases Within Days(09.08.2022)

Supreme Court has urged the Patna High Court to drop all disciplinary proceedings initiated against a suspended Additional Sessions Judge from Bihar f.....

Tags : Supreme Court, Patna High Court, POCSO, Session Judge

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Meghalaya HC Quashes POCSO Charges Against Man Accused of Having Consensual Sex With Minor Wife(12.08.2022)

Meghalaya High Court while setting aside charges against man under provisions of Protection of Children from Sexual Offences (POCSO) Act for allegedly.....

Tags : Meghalaya High Court, POCSO, Consensual Sex

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Del HC: POCSO Victims Being Forced Not Only to Interact With Accused But Also be Present in Hearings(12.08.2022)

Delhi High Court has expressed concern over situation wherein POCSO victims are being forced not only to potentially interact with the accused person .....

Tags : Delhi High Court, POCSO, Hearing

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Kar. HC: Application U/S 311 CrPC to Summon Material Witnesses in POCSO Cases Should Be Allowed(17.08.2022)

Karnataka High Court has held that application made by accused under Section 311 of Code of Criminal Procedure (CrPC) for summoning material witnesses.....

Tags : Karnataka High Court, POCSO, Witness

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Del. HC Seeks Explanation from Trial Court for Passing Non-Reasoned Bail Order in POCSO Case(01.09.2023)

Delhi High Court while directing Registry to seek an explanation from a trial court judge for passing a non-reasoned order granting bail to a POCSO ac.....

Tags : Delhi High Court, Bail Order, POCSO, Non-Reasoned

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Gauhati HC: Section 29 and 30 POCSO Act Doesn’t Relieve Prosecution of Burden to Prove Case(15.09.2021)

Gauhati High Court has observed that Section 29 & 30 of the Protection of Children from Sexual Offences Act, 2012 doesn't actually relieve the prosecu.....

Tags : Gauhati High Court, Section 29 and 30 POCSO Act

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Kerala HC Grants Bail to Actor Sreejith Ravi in POCSO Case(15.07.2022)

Kerala High Court has granted bail to Malayalam actor Sreejith Ravi in a POCSO case registered against him for allegedly exhibiting nudity in front of.....

Tags : Kerala High Court, POCSO, Bail

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Telangana HC: Consensual Physical Acts Can’t be Taken as Defense if Girl is Below 18 Years of Age(18.07.2022)

Telangana High Court has held that the defense that acts of physical relationship was consensual between the accused and victim girl cannot be conside.....

Tags : Telangana High Court, Consensual Physical Acts, Minor, POCSO

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Del HC: Absence of Injuries on Private Parts Doesn’t Establish Absence of Penetrative Sexual Assault(16.08.2023)

Delhi High Court has held that mere absence of injuries on private parts of the POCSO victim cannot be a ground to hold that penetrative sexual assaul.....

Tags : Delhi High Court, POCSO, Penetrative Sexual Assault

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Mad HC: Don’t Disclose Minor’s Name in POCSO Report for Abortion Arising Out of Consensual Relations(18.08.2023)

Madras High Court has held that where a minor approaches a doctor for medical termination of pregnancy arising out of a consensual sexual activity, it.....

Tags : Madras High Court, POCSO Report, Minor, Pregnancy

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SC Issues Direction to Frame Guidelines for Appointment of Support Persons Under POCSO(21.08.2023)

Supreme Court has issued direction to State of U.P to convene meeting within the next six weeks to review the facts, take action, and frame rules/guid.....

Tags : Supreme Court, POCSO, Support Person, Guidelines

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Gujarat High Court Permits Pregnant Girl to Stay With Family of Accused Lover(16.02.2017)

Gujarat High Court has permitted an 18-year old pregnant girl to go and stay with family of her lover, who is lodged in jail on charges of rape and un.....

Tags : Gujarat High Court, rape, POCSO

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Supreme Court Seeks Data from HCs on Pending Sexual Assault Cases Against Minors(13.03.2018)

Supreme Court has directed the Registrar Generals of the High Courts across the country to collect and collate data regarding the pendency of cases of.....

Tags : Supreme Court, POCSO Act

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Kerala HC: POCSO Act Prevails Over SC/ST Act(27.10.2022)

Kerala High Court has held that Protection of Children from Sexual Offences Act, 2012 (POCSO) prevails over SC/ST (Prevention of Atrocities) Act, 1989.....

Tags : Kerala High Court, POCSO, SC/ST Act

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Karnataka HC: POCSO Act Overrides Personal Law(31.10.2022)

Karnataka High Court while rejecting the argument that minor Muslim girl's marriage upon attaining puberty will not contravene Prohibition of Child Ma.....

Tags : Karnataka High Court, POCSO, Personal Law

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Meghalaya HC: Can't Equate Act of Mutual Love Between Young Boyfriend-Girlfriend to Sexual Assault(31.10.2022)

Meghalaya High Court while quashing POCSO charges against a minor's partner has held that the term 'sexual assault' as per POCSO Act can’t be attribut.....

Tags : Meghalaya High Court, POCSO, Sexual Assault

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MP HC to State: Publicize Provisions of POCSO Act as Per the Mandate of S.43(21.12.2023)

Madhya Pradesh High Court has directed the Government Advocate appearing for the State to bring Section 43 of the POCSO Act into the notice of the Sta.....

Tags : Madhya Pradesh High Court, POCSO, Section 43, Publicize

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Tripura HC: Conviction Only on Presumption Under POCSO Act Would Offend Articles 20(3), 21(05.04.2021)

Tripura High Court has held that the conviction of an accused only on the basis of presumption under sections 29 and 30 of the Protection of Children .....

Tags : Tripura High Court, Conviction Only on Presumption Under POCSO Act

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Bombay HC Issues Guidelines for Effective Implementation of POCSO Act(08.04.2021)

Bombay High Court has issued guidelines for the effective implementation of the Protection of Children from Sexual Offences (POCSO Act) Act, 2012 and .....

Tags : Bombay High Court, Effective Implementation of POCSO Act

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Meghalaya HC: Victim's Sole Testimony if Found Reliable Can Be Used to Decide Case for Conviction(09.02.2023)

Meghalaya High Court has held that statement of victim girl in POSCO case has a telling effect with regard to the fate of the criminal case as the sol.....

Tags : Meghalaya High Court, POCSO, Sole Testimony, Conviction

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Gauhati HC to State: Why POCSO Act Added in Child Marriage Act?(15.02.2023)

Gauhati High Court while granting anticipatory bail to certain accused in different matters booked under the Prohibition of Child Marriage Act, 2006, .....

Tags : Gauhati High Court, Anticipatory Bail, Child Marriage, POCSO

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Del. HC: False Accusation of Child Abuse More Painful than Rigours of Trial and Imprisonment(16.04.2024)

Delhi High Court while acquitting a man in a case under Protection of Children from Sexual Offences Act, 2012 has observed that a child abuser in the .....

Tags : Delhi High Court, False Implication, POCSO Act

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All. HC: Medical Report Determining Age of Victim in POCSO Cases to be Submitted to Court Promptly(17.04.2024)

Allahabad High Court has held that in cases under the Protection of Children from Sexual Offences Act, 2012, it should be ensured by police authoritie.....

Tags : Allahabad High Court, Medical Report, POCSO, Investigating Officers

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Raj HC: Very Thin Line B/W Disposal Without Delay and Over-Zealousness in Dispensation of Justice(02.05.2023)

Rajasthan High Court while setting aside POCSO case on ground that undue haste was shown by trail judge, has held that it is very easy to crossover th.....

Tags : Rajasthan High Court, POCSO, Delay, Justice

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Delhi HC: Courts Can’t Controlled Adolescent Love Relationships(10.05.2023)

Delhi High Court has observed that attitude towards early love relationships, especially adolescent love, has to be scrutinized in backdrop of their r.....

Tags : Delhi High Court, POCSO, Adolescent Love

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Gau. HC: Consensual Relationship and Failure to Prove Victim is Minor, Ground for Bail Under POCSO(11.05.2023)

Gauhati High Court while setting aside conviction of an accused under Section 6 of POCSO Act, has held that in cases where the prosecution fails in pr.....

Tags : Gauhati High Court, POCSO, Victim, Minor, Consensual Relationship

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Patna HC: No Parent of Any Girl in Our Society Can Damage Reputation of His/Her Daughter(02.07.2024)

Patna High Court while upholding the conviction of an accused under section 3 of the POCSO Act and section 376 of IPC, has observed that no parent of .....

Tags : Patna High Court, POCSO Act, S. 376 of IPC

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POCSO Cases: Consider Upper Age Where Victim’s Age Determined Through Bone Age Ossification Report(04.07.2024)

Delhi High Court has held that in cases of sexual assault under the POCSO Act, wherever, the court is called upon to determine the age of the victim b.....

Tags : Delhi High Court, POCSO Cases, Bone Age Ossification Report, Reference Range

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Allahabad HC: In Consensual Relationships, POCSO Act Being Misused Against Teenagers(05.07.2024)

Allahabad High Court has observed that while the POCSO Act’s primary objective is to protect children under the age of majority from sexual exploitati.....

Tags : Allahabad High Court, POCSO Act, Sexual Exploitation

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All. HC: False POCSO/SC-ST Cases Being Filed to Claim Money from the State(11.08.2023)

Allahabad High Court has observed that certain false FIR under the POCSO as well as SC/ST Act are being lodged against innocent persons ruining their .....

Tags : Allahabad High Court, False Case, POCSO, SC/ST Act

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Guj. HC Upholds Acquittal of POCSO Accused, Disbelieves Prosecutrix's Birth Certificate(24.08.2022)

Gujarat High Court while upholding acquittal of an accused under POCSO Act on ground that victim's allegations were unreliable and contained several o.....

Tags : Gujarat High Court, POCSO, Acquittal

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Pat. HC: Imperative on Trial Court to Ascertain Age of Victim Upon Challenge by Accused(27.09.2023)

Patna High Court has held that as per provisions of Section 34 (2) of the POCSO Act, 2012, it is imperative on the trial court to determine the age of.....

Tags : Patna High Court, POCSO, Age, Victim

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Delhi HC Stays Trial Court Order Recommending SHO's Suspension Over Poor Conduct In POCSO Case(16.09.2022)

Delhi High Court has stayed a Trial Court order recommending suspension of SHO of Kalkaji Police Station and also calling for strict disciplinary acti.....

Tags : Delhi High Court, POCSO, Disciplinary Action

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All. HC: Accused Charged Under Both SC/ST Act and POCSO Entitled to Take Recourse Under POCSO(17.10.2023)

Allahabad High Court has held that where an accused has been charged under the SC/ST Act and the POCSO Act, a Special Court under the POCSO Act, would.....

Tags : Allahabad High Court, Anticipatory Bail, SC/ST Act, POCSO

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All. HC: Accused Charged Under Both SC/ST Act and POCSO Entitled to Take Recourse Under POCSO(17.10.2023)

Allahabad High Court has held that where an accused has been charged under the SC/ST Act and the POCSO Act, a Special Court under the POCSO Act, would.....

Tags : Allahabad High Court, Anticipatory Bail, SC/ST Act, POCSO

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Meghalaya HC: POCSO Act Not Meant to Breakdown Happy Family Relationship(02.09.2022)

Meghalaya High Court while quashing FIR against a minor's partner has held that POCSO may not be applied to break down happy family relationship and S.....

Tags : Meghalaya High Court, POCSO, Family Relationship

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Supreme Court: Set Up Two Special Courts in Districts with Over 300 POCSO Cases(17.12.2019)

Supreme Court has observed that States would have to set up two designated courts in districts where the number of pending cases of child abuse under .....

Tags : Supreme Court, POCSO

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SC Sets Aside Bombay HC’s Judgment Interpreting Touch as Skin-to- Skin Contact Under POCSO Act(18.11.2021)

Supreme Court has set aside a judgment of the Bombay High Court that held that skin-to-skin contact was necessary for the offence of sexual assault un.....

Tags : Supreme Court, Skin-to- Skin Contact Under POCSO Act

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Del. HC: Simple Act of Touch is Not Manipulation Under Section 3(c) of POCSO(07.11.2023)

Delhi High Court while observing that Section 3(c) of POCSO shows that for an act to be a penetrative sexual assault, accused has to manipulate any pa.....

Tags : Delhi High Court, Touch, Manipulation, POCSO

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Ker. Court Awards Death Sentence to Convict for Rape-Murder of 5 Year Old Within 109 Days of Offence(16.11.2023)

Kerala Court has awarded death sentence to a 28 year old man for the brutal rape and murder of a 5 year old girl. The POCSO Court has passed the sente.....

Tags : Kerala Court, POCSO Court

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SC to SLSAs: Form Scheme for Empanelment of Paralegals in Police Station(20.09.2022)

Supreme Court has directed the State Legal Services Authorities (SLSA) to form a scheme for empanelment of paralegals in police station for dealing wi.....

Tags : Supreme Court, POCSO, Paralegal, Scheme

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Bombay HC: Half of Life Imprisonment is 10 Years for POCSO Offences(27.09.2022)

Bombay High Court has sentenced a convict to one half of life imprisonment under the POCSO Act, who will have to undergo a sentence of 10-years. The C.....

Tags : Bombay High Court, POCSO, Life Imprisonment

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Bom. HC: Victim/Guardian Not Obligated to Appear in Appeal for Suspension of Sentence in POCSO Case(29.11.2023)

Bombay High Court while clarifying victims in POCSO cases or their guardians are not obligated to appear in appeals or applications for suspension of .....

Tags : Bombay High Court, Victim/Guardian, Appearance, POCSO

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Identity of Victim Under POCSO Act Must Not Be Disclosed During Probe: Sikkim HC(09.04.2018)

Sikkim High Court has observed that the Special Court under POCSO Act is also vested with the responsibility of ensuring that identity of the victim-c.....

Tags : Sikkim High Court, POCSO Act

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Odisha POCSO Court Sentences Man to 20 Years Rigorous Imprisonment for Rape of 10 Year Old(01.11.2022)

Odisha POCSO Court has convicted a man and sentenced him to undergo rigorous imprisonment for twenty years in a 2018 rape case which took place in the.....

Tags : Odisha POCSO Court, Rape, Rigorous Imprisonment

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Bom. HC: Appeal u/s 14A of SC/ST Act not Allowed When Case is Under Both SC/ST Act and POCSO(21.12.2023)

Bombay High Court has held that in a case involving offenses under both, the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 198.....

Tags : Bombay High Court, SC/ST Act, POCSO, Appeal

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JKL HC: No Punishment Can be Imposed on Minor Under POCSO for Providing False Information(28.12.2023)

Jammu and Kashmir and Ladakh High Court has held that a perusal of Section 22(2) of the POCSO Act would reveal that if a false complaint has been made.....

Tags : Jammu and Kashmir and Ladakh High Court, POCSO, False Information

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Supreme Court to All High Courts: Expedite Cases Under POCSO Act(02.05.2018)

Supreme Court has issued a slew of directions to ensure faster time-bound justice in all cases involving sexual offences against children under the Po.....

Tags : Supreme Court, POCSO Act

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Mangaluru Court Directs Police to Pay ?5 Lakh for Falsely Implicating Man in POCSO Case(08.12.2022)

Mangaluru Special Court has directed two-woman police sub-inspectors of the Mangaluru Women police station to pay Rs 5 lakh compensation to an accused.....

Tags : Mangaluru Special Court, POCSO, Compensation

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Madras HC: Waiting for Amendment in Law for Cases Involving Teenage Relationships(09.12.2022)

Madras High Court while upholding conviction and 10 years sentence of a man in a POCSO case, has stated that it is eagerly waiting for an amendment in.....

Tags : Madras High Court, POCSO, Teenage Relationship

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Kerala HC: Child Witness Can be Recalled if Necessary for Just Decision(16.12.2022)

Kerala High Court has held that statutory bar imposed on Special Courts by Section 33(5) of POCSO to ensure that a child is not repeatedly called to t.....

Tags : Kerala High Court, POCSO, Child Witness, Recalled

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SC Stays Bombay HC Judgment Holding 'Skin to Skin' Contact Necessary for 'Sexual Assault'(27.01.2021)

Supreme Court has stayed a Bombay High Court order acquitting a man accused of child abuse on the grounds that groping a child's breasts without 'skin.....

Tags : Supreme Court, ‘Sexual Assault’ Under POCSO Act

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P&H HC Stays Arrest of Deepak Chaurasia in POCSO Case(14.11.2022)

Punjab and Haryana High Court while staying the arrest of news anchor Deepak Chaurasia in a POCSO Act case, has directed him to appear before the tria.....

Tags : Punjab and Haryana High Court, POCSO, Arrest

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Gujarat HC Quashes POCSO Charges Against Surat Teachers(14.11.2022)

Gujarat High Court while quashing POCSO charges against teachers of Surat school who are accused of slapping, passing derogatory remarks and threateni.....

Tags : Gujarat High Court, POCSO, Sexual Intent

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Kerala HC: POCSO Shall Prevail Over Muslim Personal Law(21.11.2022)

Kerala High Court has held that a marriage between Muslims under personal law is not excluded from the ambit of POCSO Act, and if one of the parties t.....

Tags : Kerala High Court, POCSO, Muslim Personal Law

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Madras HC: Watching Child Pornography Does Not Attract Offence Under POCSO or IT Act(15.01.2024)

Mad. HC held that merely watching child pornography doesn’t attract offences under POCSO and IT Act. To constitute offence under POCSO Act, child must.....

Tags : Madras High Court, Child Pornography, POCSO, IT Act

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Delhi High Court Slams Delhi Administration on Abolition of Court Under POCSO(19.08.2015)

Delhi High Court has slammed Delhi Administration on abolition of a special court set up under Protection of Children from Sexual Offences (POCSO) Act.....

Tags : Delhi High Court,POCSO

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Delhi High Court Upholds Conviction Of Accused Charged With Rape Under POCSO Act(10.01.2022)

Delhi High Court has upheld the conviction to a man for raping a 5 year old minor victim in a POCSO case. The Court held that presence of the semen is.....

Tags : Delhi High Court, Rape, Conviction, POCSO

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Rajasthan HC Suspends Sentence to Faculty Member in College for Failure to Report POCSO Case(17.01.2022)

Rajasthan High Court has suspended the sentence awarded to a Faculty Member in the college and the Hostel Warden booked under Section 21 of the Protec.....

Tags : Rajasthan High Court, Failure to Report POCSO Case

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Bombay High Court Upholds POCSO Charges Against Director For Not Reporting Rape Case in to Police(18.04.2017)

Bombay High Court has upheld charges under Protection of Children from Sexual Offences (POCSO) Act, 2012, against director of a trust operating an Ash.....

Tags : Bombay High Court, POCSO

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POCSO Act is Gender Neutral: Delhi High Court(01.06.2018)

Delhi High Court has upheld the conviction of a man for sodomizing a 6-year-old boy and sentenced him to rigorous imprisonment of 15 years under the P.....

Tags : Delhi High Court, POCSO

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Delhi HC Directs for Reformation and Rehabilitation Plan of POCSO Convict(04.03.2020)

Delhi High Court has directed the Superintendent of Tihar jail to prepare an appropriate rehabilitation programme for the convict under Protection of .....

Tags : Delhi High Court, Reformation and Rehabilitation Plan of POCSO Convict

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Delhi High Court Cancels Bail of 72 Yrs Old Accused in POCSO Case(01.02.2022)

Delhi High Court has cancelled the bail granted to a 72 years old man, who is accused of raping a 7 years old girl child and is booked for the offence.....

Tags : Delhi High Court, Bail of 72 Yrs Old Accused in POCSO Case

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Karnataka HC: Trial Courts Can Only Recommend Compensation Under POCSO Rules(24.01.2020)

Karnataka High Court has held that the Trial Court or Special Court has to recommend the District Legal Services Authority to decide and award the com.....

Tags : Karnataka High Court, Trial Court's Power to Recommend Compensation under POCSO Rules

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Bom. HC: Touching Penis to Victim’s Private Part Constitutes Penetrative Sexual Assault under POCSO(30.01.2024)

Bombay High Court while denying bail to accused has held that mere touching the penis to the victim's vagina with sexual intent constitutes the offenc.....

Tags : Bombay High Court, Penetrative Sexual Assault, Section 4 POCSO

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Bom HC: Merely Touching Penis to Private Part of Child Doesn’t Constitute Penetrative Sexual Assault(05.02.2024)

Bombay High Court while reducing the sentence of the convicts held that the mere touching of the child’s vagina with accused’s penis would not constit.....

Tags : Bombay High Court, Penetrative Sexual Assault, Sections 4 & 6 of POCSO Act

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Delhi High Court: Step-Father Acquitted on Ground of Victim’s Testimony Being Tutored(14.03.2024)

Del. HC while acquitting a step-father who was earlier convicted under Protection of Children from Sexual Offences Act, 2012, has stated that victim’s.....

Tags : Delhi High Court, Testimony, POCSO

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Gau. HC: Notification for Adopting Practice Directions in Proceeding Under POCSO Act, Issued(21.03.2024)

Gauhati High Court has issued a notification for the adoption of practice directions in proceedings under the Protection of Children from Sexual Offen.....

Tags : Gauhati High Court, Practice Directions, POCSO

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Uttarakhand High Court: Only Women Officers to Probe POCSO Cases(30.08.2018)

Uttarakhand High Court has ordered that cases registered under Protection of Children from Sexual Offences Act, 2012 (POCSO) will from now on be inves.....

Tags : Uttarakhand High Court, POCSO

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Delhi HC Issues Guidelines for Shielding of POCSO Victims During Bail Hearings(19.01.2023)

Delhi High Court has issued directions regarding the presence of POCSO victims during bail hearings, while observing that the same has an adverse impa.....

Tags : Delhi High Court, POCSO Victims, Bail, Virtual Hearing

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Delhi HC Grants Bail to POCSO Accused After Victim Offers to Stand as Surety for Him(30.01.2023)

Delhi High Court has granted bail to a 20 year old in a POCSO case after victim, the wife of accused, told the court that they were in a consensual re.....

Tags : Delhi High Court, POCSO, Bail, Surety

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Cannot Disclose Identity of POCSO Victim, Supreme Court Calls for Sensitization(08.04.2024)

SC has observed that exercise of sensitization of judicial officers and police officers is required to be done in the State of West Bengal to ensure c.....

Tags : Supreme Court, POCSO Victim, Identity, Sensitization

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Kerala High Court Quashes POCSO Charges Against Man After His Marriage to Survivor(27.04.2021)

Kerala High Court has quashed a chargesheet filed by the police in February 2019 against a 22-year-old man charging him with sexual assault and other .....

Tags : Kerala High Court, POCSO Charges Against Man

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Chhattisgarh High Court Allows Plea of Accused to Recall Prosecutrix in POCSO Case(02.03.2022)

Chhattisgarh High Court has held that the right to cross-examination is a part of right to fair trial which every person has in the spirit of right to.....

Tags : Chhattisgarh High Court, Recall Prosecutrix in POCSO Case

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Kar. HC: S.33(5) POCSO Doesn’t Imply Accused Won’t be Given Opportunity of Cross Examination(03.03.2023)

Karnataka High Court while observing that as per Section 33 of POCSO Act, victim shall not be called frequently for cross examination by the Court, ha.....

Tags : Karnataka High Court, POCSO, Cross Examination

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Kar. HC: Serious Stigma May be Caused on Person’s Character by Pre-Trial Detention(24.04.2024)

Karnataka High Court while granting bail to a person charged with offences under the Protection of Children From Sexual Offences Act, 2012 has observe.....

Tags : Karnataka High Court, Pre-Trial Detention, POCSO

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Bombay High Court: Mental Age Can't Decide Child in POCSO Case(09.08.2018)

Bombay High Court has observed that the biological age and not mental age of a sexual abuse victim should be considered while deciding if he or she is.....

Tags : Bombay High Court, POCSO

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Ker HC: Apply Caution While Considering Bail in POCSO Case Against Parent Litigating Child's Custody(09.03.2023)

Kerala High Court while allowing bail to father accused of sexually assaulting minor son has observed that Courts must exercise caution while consider.....

Tags : Kerala High Court, POCSO, Bail, Child Custody

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Delhi HC: Court’s Hand Tied Till Law is Amended to Deal With Cases of Teenage Relationships(10.03.2023)

Delhi High Court while framing charges under POCSO, despite victim stating that she had consensual relationship with accused, has stated that though i.....

Tags : Delhi High Court, POCSO, Teenage Relationship

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Cal HC: Accused and Victim Happily Married to Other Persons Doesn’t Lessen the Offence(20.03.2023)

Calcutta High Court while refusing to quash a POCSO case, has observed that merely because accused and victim are married to other persons does not le.....

Tags : Calcutta High Court, POCSO, Quash

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Meg. HC: POCSO Conviction Upheld, Accused and Victim had Lust and Infatuation(01.05.2024)

Meg. HC has upheld the conviction of a man under the Protection of Children from Sexual Offences Act, 2012 (POCSO) and after considering that at a you.....

Tags : Meghalaya High Court, POCSO, Incarceration

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Delhi HC Orders Rs 3 Lakh Compensation to Boy Sexually Assaulted in School(25.07.2016)

Delhi HC has awarded Rs 3 lakh as compensation to a minor boy who was sexually assaulted in school by 3 senior students in 2013, observing that provis.....

Tags : Delhi HC, Protection of Children from Sexual Offences (POCSO) Act

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Delhi High Court: No Probation For Offences Having Mandatory Minimum Imprisonment(08.05.2017)

Delhi High Court has set aside an order of probation given to an accused convicted under POCSO Act on grounds that minimum period of imprisonment was .....

Tags : Delhi High Court, Probation, POCSO Act

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Patna HC Orders Fresh Trial in POCSO Case in Which Trial was Concluded in Single Day(06.04.2023)

Patna High Court while setting aside a trail in POCSO case in which court framed charges and convicted accused in single day, ordered a fresh trail an.....

Tags : Patna High Court, POCSO, Natural Justice, Fresh Trial

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JKL HC: Rape Leaves a Permanent Scar on Most Cherished Possession of Woman(06.04.2023)

Jammu and Kashmir High Court while denying bail to a accused in POCSO case observed that since rape leaves a permanent scar on the most cherished poss.....

Tags : Jammu and Kashmir High Court, Rape, POCSO, Bail

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SC: Can’t Treat Prosecution’s Version as Gospel Truth in POCSO Cases(24.05.2024)

SC has observed that merely, because Section 29 of the POCSO Act provides for a statutory presumption of guilt of the accused, the same does not bind .....

Tags : Supreme Court, S. 29 of POCSO, Gospel Truth

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Consent Not A Defence For Offences Under POCSO Act: Kerala High Court(17.07.2018)

Kerala High Court has reiterated that consent given by a minor girl for the sexual act is of no legal validity.

Tags : Kerala High Court, POCSO

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Meghalaya High Court: Bail Plea Rejected Despite Delay in Trial(14.06.2024)

Meghalaya High Court has rejected the bail plea of an accused even when there was a delay in the commencement of trial under the Protection of Childre.....

Tags : Meghalaya High Court, POCSO, Bail Plea, Gravity of Offence

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Supreme Court on Speedy Justice: Will not Wait for Data on POCSO Cases(29.07.2019)

Supreme Court has noted that for speedy justice in child rape cases, directions can be passed without waiting for additional data on cases registered .....

Tags : Supreme Court, POCSO

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AP HC: Ejaculation Not Required for Proving Penetrative Sexual Assault Under POCSO(18.04.2023)

Andhra Pradesh High Court while upholding a conviction in a POCSO case has observed that under Section 3 of POCSO Act, only penetration and not ejacul.....

Tags : Andhra Pradesh High Court, POCSO, Ejaculation, Penetrative Sexual Assault

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Bombay HC Constantly Following or Watching Child With Bad Intention Is Offence Under POCSO Act(04.10.2017)

Bombay HC has ruled that if a person with sexual intent repeatedly or constantly follows or watches or contacts a child either directly or through oth.....

Tags : Bombay HC , Protection of Children from Sexual Offences (POCSO) Act

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SC: Transfer Certificate Can’t be Relied Upon to Decide Age of POCSO Vitim(19.07.2023)

Supreme Court has held that school transfer certificate and extracts of the admission register are not what Section 94(2)(i) of JJ Act mandates and th.....

Tags : Supreme Court, Transfer Certificate, POCSO, Age, Victim

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Pat. HC: Non-Determination of POCSO Victim’s Age Causes Prejudice to the Fair Trial(19.07.2023)

Patna High Court has held that non-determination of victim’s age as per Section 34(2) of POCSO Act causes prejudice to fair trial. Non-compliance with.....

Tags : Patna High Court, POCSO, Age, Fair Trial

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Cal. HC Suspends IO for Disclosing Identity of Minor Victim in POCSO Case(26.07.2023)

Calcutta High Court has ordered suspension of the Investigation Officer (IO) in a POCSO Case for ignoring the mandate of settled law in the investigat.....

Tags : Calcutta High Court, POCSO, Victim, Identity

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Kerala High Court: To Constitute Abetment, Intentional Aid by Abettor Must be Shown(05.07.2024)

Ker. HC has held that to constitute abetment, abettor must be shown to have intentionally aided commission of crime. Mere proof that crime charged cou.....

Tags : Kerala High Court, Abetment, S. 16 of POCSO Act, Abettor

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SC: People Unaware that Age of Consent for Sexual Intercourse has been Raised from 16 to 18 Years(09.07.2024)

Supreme Court while dismissing the Madhya Pradesh government’s appeal against the acquittal of the accused under the POCSO Act, has observed that awar.....

Tags : Supreme Court, POCSO Act, Age of Consent

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Ker. HC: Mode of Examination u/s 33(2) of POCSO Act to be Applicable Even if Victim Attains Majority(01.08.2024)

Kerala HC has held that the protection u/s 33(2) of POCSO Act will continue to remain for the victim, regardless of whether he or she attains the age .....

Tags : Kerala High Court, S. 33(2) of POCSO, Mode of Examination

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Calcutta HC Upholds Conviction For Aggravated Sexual Assault In POCSO Case(16.05.2022)

Calcutta High Court upheld conviction for the offence of aggravated sexual assault under Protection of Children from Sexual Offences Act (POCSO Act) b.....

Tags : Calcutta High Court, POCSO Act, Aggravated Sexual Assault

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Del. HC: Can Invoke Offence of Penetrative Sexual Assault Under POCSO Act Against Women(12.08.2024)

Del. HC has held that the word ‘he’ appearing in section 3 of the POCSCO Act, 2012, cannot be given a restrictive meaning that it refers only to a ‘ma.....

Tags : Delhi High Court, Penetrative Sexual Assault, POCSO Act

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Del. HC: POCSO Act being Misused by Girl’s Family that Objects Her Romantic Relationship With a Boy(14.08.2024)

Delhi High Court while granting bail to an accused in a POCSO case, has observed that POCSO Act, 2012 is being misused by family of girls that object .....

Tags : Delhi High Court, POCSO Act, Romantic Relationship

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Del HC: Consider Lower Side on Margin of Error if Ossification Test Opines Victim is b/w 15-17 Yrs(17.05.2023)

Delhi High Court while referring to Jarnail Singh v. State of Haryana (MANU/SC/0626/2013) has held that for determining age of a child victim under PO.....

Tags : Delhi High Court, POCSO Act, Bone Ossification Test

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Kar HC Refuses to Quash FIR Against Gynecologist for Failing to Report Sexual Assault Against Minor(08.06.2023)

Karnataka High Court has refused to quash FIR filed against a Gynecologist under Section 21 of POCSO Act for failure to report incident of sexual assa.....

Tags : Karnataka High Court, Gynecologist, POCSO, Sexual Assault, Report

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SC: Government is Under Obligation to Impart Sex Education & Awareness about POCSO Act(24.09.2024)

SC has held that the obligation of the appropriate government and the commission under Section(s) 43 and 44 of the POCSO respectively, does not end at.....

Tags : Supreme Court, Sex Education, POCSO Act

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Gauhati High Court Upholds POCSO Conviction Even in Absence of Medical Evidence(26.09.2024)

Gau. HC has upheld the conviction of an accused under POCSO Act, 2012 on the ground that the testimony of the victim girl before the Trial Court, whic.....

Tags : Gauhati High Court, Medical Evidence, POCSO

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Kerala HC: Person Exhibiting Naked Body to Child Would Attract POCSO Act(16.10.2024)

Kerala High Court has stated that when a person exhibits naked body to a child, the same is an act intending to commit sexual harassment upon a child .....

Tags : Kerala High Court, Naked Body, POCSO Act

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Kerala HC: Teens Engage in Sexual Relations Unaware of Drastic Consequences Under POCSO Act(10.06.2022)

Kerala High Court has expressed concern over teen children being unaware of the consequences of having sexual relationships with each other, even cons.....

Tags : Kerala High Court, POCSO, Teenagers

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Supreme Court: Can’t Quash POCSO Cases on the Basis of Compromise(08.11.2024)

SC while setting aside a judgement of Rajasthan HC quashing a sexual assault case on the basis of compromise, has held that that commission of such of.....

Tags : Supreme Court, POCSO Cases, Rajasthan High Court

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