The year witnessed several landmark judgments on crimes against women and children in 2025 addressing some of the most sensitive and complex questions concerning crimes against women and children. From sexual offences and reproductive rights to child protection, digital safety, trafficking, and dignity at the workplace, Courts across the country were repeatedly called upon for protection of the vulnerable. In cases involving minors, the judiciary has reiterated that childhood is a protected zone which the law must guard with heightened sensitivity, zero tolerance for abuse, and uncompromising accountability.
TOP STORIES
- SUPREME COURT| Rajasthan High Court’s directions containing adverse remarks against POCSO Judge stayed
- SUPREME COURT | ‘Application of force must be with intent to outrage modesty of woman’; Proceedings against man for offence under S. 354 and 506 IPC, quashed
- CHHATTISGARH HIGH COURT | Victim’s right to privacy upheld; Accused denied permission to examine her social media in Court
- DELHI HIGH COURT | Sexual assault against minors also attacks their innocence and sense of safety; often leave permanent psychological scars; Bail application of POCSO accused, dismissed
- BOMBAY HIGH COURT | ‘Victim sensed a bad touch, so her instinct must be believed’; Former Army Officer’s sentence under POCSO Act, upheld
- DELHI HIGH COURT | Directions against misuse of victim compensation scheme in sexual offences issued
- BOMBAY HIGH COURT | Prior relationship or lending money not a license for Objectionable Posts; Conduct may amount to ‘outraging modesty’ & ‘stalking’
- BOMBAY HIGH COURT | Enquiry directed into 2012’s New Year eve party with liquor at children’s shelter home
ADULTERY
PATNA HIGH COURT | Isolated acts of immorality not ‘living in adultery’; Plea filed by husband against maintenance order, dismissed
In a Criminal Revision Petition filed by the petitioner against the order of the Family Court to pay maintenance to his wife and daughter, alleging adultery by his wife and disputing paternity of the daughter, the single judge Bench of Jitendra Kumar,* J., upheld the order of maintenance by the Family Court holding that,
“‘Living in adultery’ denotes a continuous course of conduct and not isolated acts of immorality”.
Read More HERE
ACQUITTAL
DELHI HIGH COURT | ‘Law should evolve to acknowledge and respect adolescent relationships, if they are consensual and free from coercion’; Acquittal of POCSO accused, upheld
In an application seeking leave to appeal challenging the judgment dated 10-02-2020, wherein the respondent (‘accused’) was acquitted under Section 4 of POCSO Act, Jasmeet Singh, J., stated that the societal and legal views on adolescent love should emphasize the rights of young individuals to engage in romantic relationships that were free from exploitation and abuse. Love is a fundamental human experience, and adolescents have the right to form emotional connections. The law should evolve to acknowledge and respect these relationships, as long as they are consensual and free from coercion. Considering the overall factors, the Court stated that the impugned judgment dated 10-02-2020, was well reasoned and did not require any interference, and accordingly, dismissed the present appeal. Read more HERE
BIGAMY
CHHATTISGARH HIGH COURT | Second wife who was single at the time of marriage cannot be prosecuted for bigamy under S. 494 IPC
In a petition filed under Section 528 of the BNSS for quashing the criminal proceedings for offences registered under Sections 498-A and 494 read with Section 34 of the IPC, a Single Judge Bench of Arvind Kumar Verma, J., allowed the petition holding that the petitioner (‘second wife’) could not be prosecuted under Section 494 as only the married person or the erring husband/ wife would be held liable for bigamy. Read more HERE
CONVICTION
SUPREME COURT | Conviction of lawyer for outraging modesty of female judge during court proceedings, upheld
In a Special Leave Petition challenging the judgment of the Delhi High Court, which upheld the conviction of a lawyer for using abusive and inappropriate language towards a female judge during proceedings in a challan matter, the Division Bench of Prashant Kumar Mishra and Manmohan, JJ. declined to grant any relief to the petitioner and refused to interfere with the impugned orders. However, at the request of counsel for the petitioner, the Court granted the petitioner two weeks’ time to surrender. Read more HERE
ALLAHABAD HIGH COURT | Husband can only be convicted for sexual intercourse with minor wife above 15 years after 2017; Allahabad HC sets aside conviction in 20-year-old case
In a criminal appeal filed against the judgment passed by the Additional Sessions Judge, wherein the convict was held guilty under Sections 363, 366, and 376 of the Penal Code, 1860 (‘IPC’), a Single Judge Bench of Anil Kumar-X, J., acknowledged that the judgment in Independent Thought v. Union of India, (2017) 10 SCC 800, fundamentally changed the legal landscape for sexual intercourse with minors in the context of marriage. Prior to 2017, a man could not be convicted for marital intercourse with a minor wife aged 15-18, as it was exempted under Section 375 IPC. Post-2017, after the Independent Thought ruling, such intercourse with a minor wife is statutory rape, and consent does not matter. The Court found that in the present case, as the occurrence took place in 2005, the convict could not be held guilty under the laws as they stood at the time. Since the victim was above 16 years and the marriage was consensual, the Court held that the convict was not guilty of rape under Section 376 of the IPC. Read More HERE
CRIMINAL TRIAL
SUPREME COURT| “Legal process cannot be misused to re-traumatise child abuse survivors”: SC rejects POCSO convict’s plea to recall 11-year-old niece for cross-examination.
In an appeal filed by a man convicted under Section 6 of the POCSO Act for aggravated penetrative sexual assault on his 11-year-old niece, the division bench of Aravind Kumar and NV Anjaria, JJ. upheld the 20-year rigorous imprisonment sentence awarded by the Special POCSO Court and affirmed by the Gauhati High Court. Read More HERE
SUPREME COURT | Company considered as ‘victim’ within the ambit of S. 2(wa) read with Proviso to S. 372 CrPC?
While considering this appeal by Asian Paints Ltd, (appellant) whereby the Division Bench of Ahsanuddin Amanullah* and Prashant Kumar Mishra, JJ., were faced with the question that whether the appellant would fall under the definition of ‘victim’ as per Section 2(wa) read with the proviso to Section 372 of the CrPC or whether Section 378 of the CrPC would prevail in the facts and circumstances of the present case. The Court opined that Section 2(wa) CrPC does not define ‘victim’ in a narrow sense. The Court further stated that Section 372 of the CrPC is a self-contained and independent Section, i.e., it is a stand-alone Section and is not regulated by other provisions of Chapter XXIX of the CrPC including Section 378. Thus, the right of a victim to prefer an appeal as granted under the proviso to Section 372 of the CrPC is not restricted by any other provision of the CrPC Therefore, the Court opined that Appellant was a ‘victim’ as it suffered due to the counterfeit/fake products being sold/attempted to be sold as having been manufactured by the Appellant. Read More HERE
CRUELTY
MADHYA PRADESH HIGH COURT | “Allegations of spending habits, household contribution, or mobile usage, without proof of severe mental harassment, not cruelty”
In an appeal filed by the husband against the Family Court’s judgment whereby his application for divorce on the grounds of cruelty and desertion was rejected, the Division Bench of Vishal Dhagat and B. P. Sharma,* JJ., upheld the impugned judgment, holding that there was no error or perversity warranting interference and the Family Court correctly held that the husband had failed to prove the grounds of cruelty and desertion. Read more HERE
BOMBAY HIGH COURT | Mere statements by parents about daughter’s emotional distress not sufficient to establish cruelty under Section 498-A IPC
In an appeal wherein the appellant-husband challenged his conviction and sentence under Sections 498-A and 306 of the IPC, passed by the Additional Sessions Judge, Pune, on the ground that the evidence on record did not establish cruelty or abetment to suicide beyond reasonable doubt, a Single Judge Bench of M. M. Sathaye, J., quashed the judgment of conviction passed by the Additional Sessions Judge, and held that the necessary ingredient of cruelty likely to drive a woman to suicide or harassment to coerce unlawful demands was not clearly spelt out, much less proved. The Court noted that no instance of instigation was attributable to the husband and that there was also no proximate link between the event of suicide and the alleged demand for money. Read more HERE
MADHYA PRADESH HIGH COURT | “Deriving pleasure from difficulties & tension of other is cruelty”: Divorce granted to woman after husband’s refusal despite irretrievably broken marriage
In an appeal filed by the wife against the Family Court’s judgment whereby her divorce petition on the grounds of cruelty and desertion was rejected, the Division Bench of Vishal Dhagat* and B.P. Sharma, JJ., allowed the appeal as well as the divorce petition, holding that the husband was treating the wife with cruelty by not giving her an option to live her life freely according to her choice and unnecessarily opposing the divorce when she was already living with another man. However, their marriage was invalid. Read more HERE
DELHI HIGH COURT | Mere taunts, casual references, vague assertions or geeral family friction not “cruelty” under Section 498-A IPC
In a petition filed seeking quashing of FIR dated 13.05.2022 registered at Police Station Adarsh Nagar for offences under Sections 498A, 406 and 34 of IPC against the petitioners, Amit Mahajan, J., quashed FIR and all consequential proceedings as the allegations against them were vague, general, and lacked material particulars, the petitioner’s non-residence in the matrimonial home and absence of specific acts of cruelty or misappropriation ruled out any prima facie case; and continuing proceedings against them would amount to an abuse of process. Read more HERE
MADRAS HIGH COURT | Elderly wife’s silent suffering is not consent, marriage doesn’t entitle men to unquestioned authority
In an appeal filed under Section 498-A of the IPC, the wife, an octogenarian, challenged her husband’s acquittal by the Appellate Court, seeking restoration of the Trial Court’s conviction and six-month sentence. It was alleged that the conviction was based on a misreading of evidence and failure to consider sustained mental and emotional cruelty, A Single Judge Bench of L. Victoria Gowri, J., while allowing the criminal appeal, held that the Appellate Court misapplied the law by assuming that the absence of a dowry demand forecloses Section 498-A IPC. The Court emphasised that Explanation (a) of Section 498-A IPC covers wilful conduct causing grave mental injury, and the Trial Court rightly convicted the husband based on sustained cruelty such as isolation, denial of food, religious obstruction, and financial coercion, corroborated by the police compromise. Read more HERE
BOMBAY HIGH COURT | Refusing physical relations, accusing husband of affairs and humiliating him in front of his friends/employees is cruelty
In the present appeal, the appellant-wife challenged the judgment passed by the Family Court on 28-11-2019, whereby her petition for the restitution of conjugal rights was dismissed and the counterclaim of the respondent-husband for divorce was allowed and the divorce was granted. The Division Bench of Revati Mohite Dere and Dr. Neela Gokhale,* JJ., opined that the wife’s behaviour with his husband’s employees, humiliating him in front of his friends, refusing sexual relations, and accusing him of extra-marital affairs were all instances of ‘cruelty’ that her husband was subjected to. The Court dismissed the appeal and held that the judgment passed by the Family Court was well-reasoned because the wife subjected her husband to cruelty and had deserted him. Read more HERE
DELHI HIGH COURT | Making derogatory and defamatory complaints to spouse’s employer amounts to cruelty
In an appeal under Section 19 of the Family Courts Act, 1984 challenging the decree of divorce passed under Section 13(1)(ia) of the Hindu Marriage Act, 1955 (‘HMA’) by the Principal Judge, Family Courts, West District, Tis Hazari Courts, Delhi (‘Family Court’), the Division Bench of Renu Bhatnagar* and Navin Chawla JJ., stated that the complaints made by wife to her husband’s employer, especially those involving unsubstantiated claims of adultery, could not be treated to address the issues of any wrong done to her, as the husband’s employer had nothing to do with all such wrongs. The Court stated that irrespective of the merits of these complaints, making such derogatory and defamatory remarks in the form of complaints to the spouse’s employer were nothing but cruelty. Thus, the Court stated that there was no infirmity in the impugned judgment passed by the Family Court and accordingly, dismissed the appeal. Read more HERE
BOMBAY HIGH COURT | ‘Taunts for dark complexion not grave enough to prove cruelty or abetment to suicide under IPC’; Husband acquitted
The present criminal appeal was initiated by the appellant-husband, convicted by the Trial Court under Sections 498-A and 306 read with Section 34 of the IPC for allegedly harassing his wife for dark complexion and abetting her suicide. A Single Judge Bench of S.M. Modak, J., allowed the appeal, holding that the prosecution could not prove the connection in between the harassment and the act of suicide. The Court observed that mere domestic quarrels, in absence of wilful conduct, could not be said to be of such a high degree so as to compel the wife to commit suicide. Read more HERE
BOMBAY HIGH COURT | Husband’s friend not a ‘relative’ under Section 498-A IPC
In the present case, the wife had filed an FIR under Section 498-A of the Penal Code, 1860 (‘IPC’), and had included the name of her husband’s friend, who had instigated her husband to commit cruelty against her. The Division Bench of Anil L. Pansare and M.M. Nerlikar,* JJ., held that a friend could not be said to be a relative as he was neither a blood relative nor had any relation through marriage or adoption. Thus, the Court quashed the FIR, emphasizing that a “friend” was not a relative under Section 498-A IPC. Read more HERE
ANDHRA PRADESH HIGH COURT | False 498-A complaint and acquittal amount to ‘mental cruelty’: Divorce affirmed after 29 years of separation
An appeal was filed by the appellant (wife) against respondent (husband) challenging the decree of divorce dated 08-05-2006, passed by the Principal Senior Civil Judge, Guntur, under Sections 13(1)(ia) and 13(1)(ib) of the Hindu Marriage Act, 1955, on the grounds of cruelty and desertion contending that the Trial Court erred in concluding that she had treated the respondent with cruelty. A divison bench of Ravinath Tilhari and Challa Gunaranjan, JJ., upheld the divorce in view of false implication in criminal case amounted to mental cruelty and furnished a ground for divorce under Section 13(1)(ia) of the Hindu Marriage Act. Read more HERE
MADRAS HIGH COURT | ‘Unsubstantiated sexual allegations against husband and father-in-law amounts to cruelty’: Woman’s Restitution of Conjugal Rights plea set aside, divorce granted
In a civil appeal filed under Section 19 of the Family Courts Act, 1984, read with Section 28 of the Hindu Marriage Act, 1955, seeking to set aside the order and decree passed by the Additional Principal Family Court, Chennai, the Division Bench of J. Nisha Banu and R. Sakthivel,* JJ. set aside the orders of the Family Court. The petition filed by the husband seeking dissolution of marriage was allowed, while the petition filed by the wife for restitution of conjugal rights was dismissed. Consequently, the marriage between the parties was dissolved by a decree of divorce. Read more HERE
ANDHRA PRADESH HIGH COURT | [Transgender Rights] Whether S. 498-A IPC complaint by trans-woman in a heterosexual marriage is legally maintainable?
The instant petitions were filed by the petitioners (Accused Nos.1, 2 & 3 and 4 respectively) under Section 482 of CrPC seeking quashment of proceedings against them in a complaint before the Court of II Additional Munsif Magistrate, Ongole, for the offence punishable under Section 498-A read with 34 of the IPC and Section 4 of the Dowry Prohibition Act, 1961. Venkata Jyothirmai Pratapa, J., quashed the criminal proceedings for lacking the essential ingredients to constitute the alleged offences and held that a trans woman in a heterosexual relationship has the right to be recognised as a woman and a spouse for the purposes of matrimonial and penal law. Read more HERE
MADHYA PRADESH HIGH COURT | Forced Unnatural Sex not punishable under S. 377 IPC, but attracts S. 498-A if coupled with cruelty/assault
In an application filed by the applicant-husband under Section 482 of the CrPC, seeking quashment of the FIR for offences punishable under Sections 377, 323, and 498-A of the Penal Code, 1860 (IPC) and the consequent criminal proceedings in sessions trial, a single-judge bench of G.S. Ahluwalia, J., partially allowed the applicant and held that the offence of marital rape, including forced unnatural sex, is not recognized under Section 377 IPC, but such acts still attracts Section 498-A IPC if accompanied by cruelty or assault. Read more HERE
DOWRY DEATH
SUPREME COURT | Reinforce constitutional position on marriage; Dowry Prohibition Officers: Issues directions for concentrated effort to eradicate evil of dowry
While considering this challenge to the judgment of the Allahabad High Court acquitting the respondents for offences under Sections 498-A and 304-B, Penal Code, 1860 and Sections 3/4 of the Dowry Prohibition Act, 1961, the Division Bench of Sanjay Karol* and N. Kotiswar Singh, JJ., noted the rampant prevailing menace of dowry, ineffectiveness of the relevant laws and the misuse of Section 498-A and Dowry Prohibition Act and stated that, “This oscillation between ineffectiveness and misuse creates a judicial tension which needs urgent resolution”. Therefore, in order to bring about a concentrated effort to eradicate the evil of dowry on part of all the involved parties- Legislature, law enforcement, Judiciary, civil society organizations etc., the Court deemed it appropriate to issue directions. Read More HERE
RAJASTHAN HIGH COURT | ‘Mere possibility of contrary view doesn’t justify reversal of acquittal’; Acquittal in Dowry Death case, upheld
In an appeal filed by State of Rajasthan challenging the Additional Sessions Judge’s judgment of acquittal under Sections 302 and 304-B IPC pertaining to murder and dowry death, but convicted the accused under Section 498-A IPC for cruelty, a Division Bench of Sunil Beniwal and Dr. Pushpendra Singh Bhati,* JJ., upheld the acquittal of the accused under Sections 302 and 304-B IPC as prosecution failed to prove its case beyond reasonable doubt. The Court reiterated that in appeals against acquittal, the appellate court must respect plausible views taken by the trial court unless they are perverse or manifestly illegal. Read more HERE
Also Read:
GUJARAT HIGH COURT | Petty family quarrels do not amount to dowry harassment – Read more HERE
DELHI HIGH COURT | Mere crying of woman does not prove dowry harassment; upholds discharge of husband and in-laws in dowry death case — Read More HERE
FALSE PROMISE TO MARRY
SUPREME COURT | ‘Complainant’s manipulative nature clearly established’; FIR against person accused of sexual intercourse under false promise of marriage, quashed
While considering the instant appeal challenging Telangana High Court’s refusal to quash the FIR filed against the accused in a false promise for marraige case for offences punishable under Section 376(2)(n) of the Penal Code, 1860 and Section 3(2)(v) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989; the Division Bench of Vikram Nath and Sandeep Mehta,* JJ., set aside the impugned judgment and quashed the FIR against the accused. Perusing the facts of the case, the Court opined that allowing prosecution of the accused to continue in the impugned FIR would be nothing short of a travesty of justice in addition to being a gross abuse of the process of Court. The Court held that the impugned FIR was nothing but a bundle of lies full of fabricated and malicious unsubstantiated allegations levelled by the complainant. Read more HERE
SUPREME COURT | ‘A consensual relationship turning sour not ground for criminal prosecution’: Rape case against 25-year-old, quashed
In an appeal filed against the judgment of the Bombay High Court , wherein the petition under Section 482 of the CrPC seeking quashing of criminal proceedings was dismissed, involving allegations under Sections 376, 376(2)(n), 377, 504, and 506 of the IPC, the Division Bench of B.V. Nagarathna and Satish Chandra Sharma,* JJ. observed that the present case did not involve a false promise to marry from the outset. The Court held that a consensual relationship, which subsequently deteriorates or results in estrangement between the parties, cannot form the basis for invoking the criminal machinery of the State. It further emphasised that such actions unnecessarily burden the courts and irreversibly damage the reputation of individuals accused of serious offences. Read more HERE
KERALA HIGH COURT | Prior consensual relationship does not amount to rape if accused marries another lady in search of ‘greener pasture’
In a case revolving around the question whether an eight-year long consensual relationship, allegedly induced by a promise of marriage, could be classified as rape, a Single Judge Bench of G. Girish, J., observed that the facts did not satisfy the essential requirements for prosecuting the accused for the offence of rape, and therefore, the proceedings against the accused were unsustainable and liable to be quashed. Read more HERE
Also Read:
RAJASTHAN HIGH COURT | ‘Possibility of accused exploiting victim’s fear can’t be ruled out’; FIRs alleging rape on false promise of marriage, refused to be quashed — Read more HERE
HIMACHAL PRADESH HIGH COURT | ‘No averment that he refused to marry her, or marriage wasn’t possible’; Man accused of raping fiancé under false promise to marry, discharged — Read more HERE
HUMAN AND CIVIL RIGHTS
PUNJAB AND HARYANA HIGH COURT | Authorities must act immediately in Protection pleas; Delay attracts liability
In the present case, a young married couple filed a petition with the relevant authorities, requesting protection from the girl’s father and brother after apprehending threat to their lives, however, no action was taken. A Single Judge Bench of Parmod Goyal, J., held that in case protection is not awarded immediately on receipt of application made by citizen especially in case of marriage then the authorities shall be made liable for their inaction for not giving timely protection and seeking one or other report if any untoward incident takes place. Further, the Court stated that in protection related cases, authorities should act quickly, and matter should not be allowed to be tangled in bureaucratic administration. Read more HERE
JUVENILES
SUPREME COURT | “Consistent failure of judicial machinery to recognise and act upon plea of juvenility”; Convict directed to be released after 25 years in prison
While deliberating over the instant case wherein the Division Bench of M.M Sundresh* and Aravind Kumar, JJ., observed grave injustice that had been perpetrated on account of consistent failure on part of the judicial machinery to recognise and act upon the constitutional mandate vis-a-vis the plea of juvenility in the instant case and allowed the appeal and set aside the appellant’s sentence imposed in excess of the upper limit for commission of culpable homicide amounting to murder in 1994. In the instant case, the Court found that the appellant had undergone imprisonment for almost 25 years, during which time, the society has undergone significant transformation which the Appellant might be unaware of and find difficult to adjust with. Therefore, the Court directed the Uttarakhand State Legal Services Authority to play a proactive role in identifying any welfare scheme of the State/Central Government, facilitating the Appellant’s rehabilitation and smooth reintegration into the society upon his release, with particular emphasis on his right to livelihood, shelter and sustenance guaranteed under Article 21 of the Constitution. Read more HERE
MADHYA PRADESH HIGH COURT | JJ Act’s jurisdictional primacy over NIA Act in trials involving juveniles, affirmed
In a reference made by the Principal District & Sessions Judge, Bhopal as to “Whether the trial of a juvenile accused of offences under Unlawful Activities (Prevention) Act (UAPA) investigated by National Investigation Agency (NIA) is to be conducted by the Special Court under the NIA Act or the Children’s Court under the Juvenile Justice (Care and Protection of Children) Act, 2015 (JJ Act),” a single-judge bench of Sanjay Dwivedi, J., affirmed that the Children’s Court remains the sole competent forum for the trial of a juvenile accused even for heinous offences under scheduled Acts like UAPA. The Court reinforced the doctrine that “beneficial legislations must be interpreted to advance their objective and not frustrate it”. Read more HERE
RAJASTHAN HIGH COURT | ‘Right to be forgotten’ for juvenile by destroying record of juvenile delinquency is an absolute right
In a writ petition challenging the petitioner’s termination of employment based on his previous juvenile conviction, which came to light during police verification, a single-judge bench of Anoop Kumar Dhand, J., held that termination of petitioner’s employment based on an expunged juvenile conviction is against the principles of juvenile justice and rehabilitation and quashed the termination order with direction to reinstate the petitioner with all consequential benefits. Read more HERE
RAJASTHAN HIGH COURT | At what stage can the claim of juvenility be raised by the accused juvenile?
In a revision petition filed by the complainant against the Trial Court’s order allowing the application of juvenility filed by the accused and directing him to appear before the Juvenile Justice Board (‘JJB’) in kidnapping and rape case, a Single-Judge Bench of Sandeep Shah, J., while dismissing the petition, reiterated that a claim of juvenility can be raised at any stage of the trial or even at the appellate stage, as also before the Supreme Court in SLP, for the very first time. The Court further noted that the yardsticks for age determination are clearly laid out in JJ Act. Read More HERE
Also Read:
DELHI HIGH COURT | Juvenile tried as an adult cannot face joint trial with adult accused under JJ Act – Read more HERE
DELHI HIGH COURT | No unqualified right for the complainant to be heard at every stage of bail proceedings under JJ Act, 2015 – Read more HERE
MAINTENANCE UNDER S. 125 CrPC
KERALA HIGH COURT | Divorced Muslim woman not entitled to maintenance under S. 125 CrPC without proof of Halala-compliant remarriage
In a revision challenging the Family Court’s maintenance order under Section 125 of the Criminal Procedure Code, 1973 (CrPC), a Single-Judge bench of Dr. Kauser Edappagath, J., set aside the impugned order and held that maintenance under Section 125 CrPC cannot be claimed by a divorce Muslim women based on alleged remarriage or cohabitation unless she proves — lawful dissolution of the intervening marriage, compliance with the doctrine of Nikah Halala, and valid solemnisation of remarriage. Read More HERE
PREVENTION OF SEXUAL HARASSMENT (POSH)
SUPREME COURT | Aggrieved Woman’s Workplace ICC can Investigate Respondents from Other Departments: POSH Act Ruling Explained
In a significant ruling, the bench of JK Maheshwari* and Vijay Bishnoi, JJ has held that an Internal Complaints Committee (ICC) constituted at the workplace of an aggrieved woman can conduct a preliminary inquiry under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (POSH Act), even if the ‘respondent’ is employed in a different government department. Read More HERE
Also Read: SHe-Box and Beyond: Your Essential Guide to Navigating the PoSH Complaint Process
SUPREME COURT| Political Parties are not workplace and not liable to constitute Internal Complaints Committee under POSH Act; Kerala HC Verdict uphled
In a special leave petition filed against the Judgment of Kerala High Court, wherein it was held that it was not compulsory for political parties to set up an Internal Complaints Committee (‘ICC’) to address sexual harassment complaints as per the POSH Act, since there is no employer-employee relationship among its members, the three Judge Bench of BR Gavai, CJI, K. Vinod Chandran and Atul S. Chandurkar, JJ. refused to entertain a petition seeking to bring registered political parties under the ambit of the POSH Act. Read more HERE
SUPREME COURT | Direction requiring former NUJS VC to include its order on alleged incidents of sexual misconduct in his resume, deleted
While considering an application moved by Dr Nirmal Kanti Chakrabarti, former Vice Chancellor, WBNUJS (Respondent) for expunging para Nos. 33 and 34 in X8 v. Nirmal Kanti Chakrabarti, 2025 SCC OnLine SC 1964, but particularly, the sentence beginning from ‘Thus’ and ending with ‘personally’ contained in para 34 of the judgment; the Division Bench of Pankaj Mithal and Prasanna B. Varale, JJ., allowed the application thereby deleting the sentence beginning from ‘Thus’ and ending with ‘personally’ contained in Para 34 of the judgment, which required the Respondent to make Supreme Court’s order dated 12-9-2025, a part of his resume. Read more HERE
BOMBAY HIGH COURT | Advocates are not Bar Council employees, hence outside the ambit of POSH Act
The UNS Women Legal Association filed the instant PIL seeking formation of permanent internal grievance committee of women advocates in all State Bar Council offices and all Bar Associations of Maharashtra. The Division Bench of Alok Aradhe, C.J. and Sandeep V. Marne, J., while disposing of the PIL, observed that the provisions of the POSH Act does not apply to advocates as the POSH Act requires an employer-employee relationship, which does not exist between advocates and the Bar Council of Maharashtra & Goa (‘BCMG’). Read more HERE
KERALA HIGH COURT | State directed to formulate guidelines for ensuring complainant’s anonymity from public domain during inquiry under POSH Act
A Division Bench of A. Muhamed Mustaque and P. Krishna Kumar,* JJ., held that there was no jurisdictional error in the impugned order. However considering the repeated assertions made by the petitioner regarding his inability to controvert or contradict the complainant, the Court directed the disciplinary authority to ensure that the Internal Committee comply with the provisions of the POSH Act and the Kerala Civil Services (Classification, Control, and Appeal) Rules.The Court emphasized that the petitioner must be given an opportunity to challenge the complainant’s testimony and present his own evidence before the Internal Committee. Further, noting that there is currently no mechanism in place to anonymise the details of the complainant who alleges sexual harassment or other atrocities during the various proceedings related to the inquiry, the Court directed the State to formulate necessary guidelines to anonymise the complainant’s details from the public domain during the inquiry proceedings under the POSH Act. Read more HERE
BOMBAY HIGH COURT | Commenting on colleague’s hair that she must be using JCB to manage them, not sexual harassment; Industrial Court’s order set aside
In the present case, the petition challenged judgment and order dated 1-7-2024 passed by the Member Industrial Court, Pune (‘the Industrial Court’) dismissing a case filed under provisions of Section 18 of the POSH Act and report dated 30-9-2022 passed by the Internal Complaints Committee (‘the ICC’) of Respondent 2-HDFC Sales (P) Ltd. A Single Judge Bench of Sandeep V. Marne, J., stated that the incident where the petitioner commented about the complainant’s length and volume of her hair by saying that she must be using JCB to manage her hair, could not mean that it was made with an intent of causing any sexual harassment to the complainant. The Court held that the findings recorded by the Industrial Court were clearly perverse as it failed to consider the exact nature and gravity of allegations levelled against the petitioner. The Court thus set aside the judgment and order dated 1-7-2024 passed by the Industrial Court. Read more HERE
CALCUTTA HIGH COURT | Calcutta High Court: Vague allegations of workplace harassment by merely using words “harassed” or “abused” insufficient to constitute offence under Section 509 IPC
The petitioner approached the Court seeking quashing of criminal proceedings arising from an FIR lodged over alleged workplace harassment, which had resulted in a chargesheet under Section 509 of the IPC. The allegations pertained to incidents between 2016-2017, reported over a year after the complainant’s resignation. A Single Judge Bench of Ajoy Kumar Mukherjee, J., while allowing the petition, held that only using the words “harassed” or “abused”, did not demonstrate the requisite intention or knowledge which could lead to the conclusion that any alleged act of the petitioner constituted an insult to the complainant’s modesty. The Court emphasised that mere harassment at workplace or abusing her at workplace might not constitute an offence under Section 509 IPC, unless essential ingredients were fulfilled. Read more HERE
PROTECTIVE MEASURES AND AWARENESS CAMPAIGNS
MADRAS HIGH COURT | Urged Union to step up awareness on child internet safety; Suggests exploring Australia-style law restricting online access for under-16s
In a Public Interest Litigation concerning the easy availability of pornographic content to children, the Division Bench of Dr. G. Jayachandran* and K.K. Ramakrishnan, JJ., held that the authorities concerned shall accelerate their awareness campaign more effectively and take the message to the vulnerable group through all available medias. The Court further observed that the Union of India may explore the possibility of passing legislation similar to that enacted by Australia prohibiting internet usage by children below the age of 16. Accordingly, the writ petition was disposed of without costs.
“Ultimately, it is the individual choice and right to access such obnoxious material or to avoid it and as far as children are concerned, the vulnerability is high, so the parents’ responsibility is higher.”
Read More HERE
KERALA HIGH COURT | KeLSA authorised to lead awareness campaign against child marriages in Wayanad’s tribal communities
In a suo motu petition concerning the practice of child marriage prevalent among the members of the tribal communities in Wayanad District, the division bench of Nitin Jamdar,* C.J. and S. Manu, J. directed the State to implement the action plan by conducting awareness programs against child marriage in all upper primary, high, and higher secondary schools in Wayanad District within three months, with support from the Education and Tribal Departments. These departments are tasked with ensuring that every student attends at least one session per year. Additionally, similar awareness programs are to be conducted in tribal settlements within three months, with the involvement of the Tribal Department, Scheduled Tribe promoters, and para-legal volunteers. These programs are to be continued annually, utilizing the Gothra Vardhan Scheme to ensure better implementation. The Court also suggested screening films that address the issue of child marriage at various venues during these awareness programs and circulating posters highlighting the harmful effects of child marriage in tribal settlements and schools. Read more HERE
PROTECTION OF CHILDREN FROM SEXUAL OFFENCES (POCSO)
DELHI HIGH COURT | ‘In absence of any documentary proof of date of birth, ossification test is required’; Conviction under POCSO Act, set aside
A Single-Judge bench of Amit Sharma, J., stated that when as per the prosecution’s case, the survivor’s age was approximately 17 years at the time of the incident, therefore in absence of any documentary proof of the date of birth, the ossification test as per Section 94(2)(iii) of the Juvenile Justice (Care and Protection of Children) Act, 2015 (‘JJ Act’) ought to have been conducted. Read more HERE
KARNATAKA HIGH COURT | ‘POCSO Act is gender neutral’; HC refuses to quash sexual assault case against Woman
In a criminal petition filed by a 52-year-old woman for quashment of allegations of sexual assault against a minor boy, a single-judge bench of M. Nagaprasanna, J., held that the POCSO Act being a progressive enactment, is intended to safeguard the sanctity of childhood. It is rooted in gender neutrality with its beneficent object being the protection of all children, irrespective of sex. Therefore, POCSO Act is gender neutral. The Court further held that a woman can be prosecuted for offences under Sections 4 and 6 of the POCSO Act. The Court observed that delay in registration of the crime cannot become a reason for quashment of the proceedings owing to the nature of offence and tender age of the victim. Read More HERE
RAJASTHAN HIGH COURT | Victim attaining majority during trial not entitled to “Child-Specific” safeguards under Section 33(2) of POCSO Act
In separate criminal miscellaneous petitions involving common question of law as to ‘whether the procedural safeguard under Section 33(2) of the POCSO Act, 2012, which requires that questions during examination be routed through the Special Court, continues to apply once the victim attains the age of majority during the pendency of trial,’ a single-judge bench of Farjand Ali, J., quashed the orders passed by the Special Courts in all three petitions and held that “the procedural mechanisms of Section 33(2) must be confined to those who continue to remain children at the time of their testimony. Once that status changes, so must the procedure.” Read more HERE
DELHI HIGH COURT| Touching lips or lying next to victim not sufficient for POCSO charge without ‘sexual intent’
A criminal revision petition was filed by the petitioner, a minor (MRP) under Section 438 read with Section 442 of the BNSS, challenging the order dated 30-07-2024 passed by the Additional Sessions Judge in an FIR under Section 354 of IPC and Section 10 of the POCSO Act registered at Police Station Okhla Industrial Area, Delhi, based on allegations of inappropriate contact with a minor girl by her paternal uncle. Swarana Kanta Sharma, J., modified the impugned order by upholding the charge under Section 354 of IPC while setting aside the charge under Section 10 of the POCSO Act, holding that the allegations did not establish the essential ingredient of sexual intent required for aggravated sexual assault. Read more HERE
ALLAHABAD HIGH COURT | Grabbing breasts, breaking minor’s Pajama string not attempt to rape, but ‘aggravated sexual assault’: Summoning order, modified
In a criminal revision filed against the summoning order passed by Special Judge in complaint case, whereby the accused 1 and 2 have been summoned to face trial for charge under Sections 376 of the IPC read with Section 18 of POCSO Act , and accused 3 (Father of accused 2) was summoned for charge under Sections 504 and 506 IPC, the single judge bench of Ram Manohar Narayan Mishra, J., while modifying the impugned order, held that mere fact that accused 1 and 2 grabbed the breasts of the victim and one of them broke the string of her pyjama and tried to drag her beneath the culvert and in the meanwhile on interference of passersby the accused persons fled away from the spot leaving the victim behind, is not sufficient to hold that a case of Section 376, 511 IPC or Section 376 IPC read with Section 18 of POCSO Act has been made out against the accused persons. Read more HERE
RAPE SURVIVORS AND THEIR RIGHT TO ABORTION/REPRODUCTION
RAJASTHAN HIGH COURT | Rajasthan High Court denies Abortion for 32-weeks Pregnant minor deaf and mute rape survivor; Outlines Pre and Post-delivery care plans
In a writ petition filed by a minor rape survivor seeking permission to terminate her 32-week pregnancy, a Single-Judge Bench of Anoop Kumar Dhand, J., refused termination of pregnancy, holding that the termination would be unsafe and life-threatening for both the minor and the fetus, especially given the opinion of a medical board. The Court observed that the fetus was viable with a heartbeat and that the victim’s own health was weak, with a blood deficiency and low blood pressure. However, the Court directed a safe delivery and ordered that the child be handed over to the Child Welfare Committee. Read More HERE
GUJARAT HIGH COURT | Use of doppler device to monitor foetal heartbeat not ‘pre-natal diagnostic procedure’ under PCPNDT Act
In a petition filed under Section 482 of the CrPC for quashing of a criminal case instituted under Section 23 of the Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 (PCPNDT Act), the Single Judge Bench of J.C. Joshi, J.,* held that the use of a doppler device to monitor heartbeat of the foetus does not amount to ‘pre-natal diagnostic procedure’ as defined in the PCPNDT Act. Accordingly, the Court quashed and set aside the criminal proceedings against the petitioner. Read More HERE
DELHI HIGH COURT | Directives on hospital lapses mandating timely MTP in rape victim cases issued
A petition was filed by Minor S through her mother (petitioner) under Article 226 of the Constitution of India, seeking urgent directions for the medical termination of pregnancy following repeated refusals by AIIMS, Delhi, to conduct necessary medical procedures without a court order, despite express consent from the Child Welfare Committee and the victim’s guardian. A Single-Judge bench of Swarana Kanta Sharma, J., directed AIIMS to immediately carry out the medical termination of pregnancy, having found critical lapses in medical protocol, conflicting gestational assessments, and unwarranted procedural hurdles such as the insistence on identity proof and ossification testing during pregnancy. Read more HERE
MADHYA PRADESH HIGH COURT | Minor sexual assault survivor’s right to continue Pregnancy upheld; Comprehensive State support directed
In a case dealing with minor sexual assault survivor’s right to continue Pregnancy, a writ petition was registered upon a reference made by Additional Sessions Judge with regards to whether the decision of the pregnant minor and her parents to continue with the pregnancy must be respected despite the pregnancy arising out of sexual assault. Deciding the case, a single-judge bench of Vinay Saraf, J., upheld the reproductive autonomy of the minor and her guardians. The Court held that under the facts of the present case, no direction for medical termination can be issued, especially when the victim and her parents have explicitly chosen to continue the pregnancy. Read more HERE
SENTENCE
MADHYA PRADESH HIGH COURT | Accused can’t said to be “brutal” though “barbaric”; Death sentence commuted to 25 yrs imprisonment in 4-yr-old minor rape case
In a criminal appeal against the conviction and death sentence of by the Special Judge (POCSO), Khandwa, for the rape and attempted murder of a four-year-old girl under various sections of IPC and POCSO Act, a Division Bench of Vivek Agarwal and Devnarayan Mishra,* JJ., upheld the conviction for grave offences against a minor, but declined to confirm the death sentence, emphasising that the case did not meet the “rarest of rare” threshold necessary for imposing capital punishment. Read more HERE
SUPREME COURT | POCSO | ‘No mitigation for crimes that subvert notion of family as space of security’; SC upholds father’s life sentence
While considering this petition challenging the affirmation of accused person’s conviction and sentence under Section 6 of the POCSO Act and Section 506 of the IPC by Himachal Pradesh High Court; the Division Bench of Aravind Kumar and Sandeep Mehta, JJ., confirmed the decisions of the Trial Court and the High Court. Noting that the accused in the case is the father of the victim, the Court strictly emphasised that incestuous sexual violence committed by a parent is a distinct category of offence that tears through the foundational fabric of familial trust and must invite the severest condemnation in both language and sentence. When a child is forced to suffer at the hands of her own father, the law must speak in a voice that is resolute and uncompromising. Read More HERE
SUPREME COURT | Constitutional bar against retrospectively imposing harsher penalty is clear and absolute: SC modifies sentence in POCSO case
In an appeal challenging the judgment dated 5-9-2023, whereby the appellant’s challenge to his conviction under Section 376-AB of Penal Code 1860 (‘IPC’) and Section 6 of Protection of Children from Sexual Offences Act, 2012 (‘POCSO Act’) was dismissed, the Division Bench of Vikram Nath* and Sandeep Mehta, JJ., stated that the constitutional bar against retrospective imposition of a harsher penalty under Article 20(1) of Constitution was clear and absolute. The Court stated that the sentence of “imprisonment for life, meaning remainder of natural life”, as per the amended provision under Protection of Children from Sexual Offences (Amendment) Act, 2019, did not exist in the statutory framework on the date of the incident. Read More HERE
SEXUAL OFFENCES AGAINST WOMEN
SUPREME COURT | ‘Filthy language’ examined in isolation without any context indicating intention to insult modesty, doesn’t fall under S. 506 IPC
While considering the instant appeal challenging Karnataka High Court’s decision refusing to quash chargesheet filed against the appellants for offences under Sections 323, 504, 506, 509, and 511 of the IPC and for allegedly using filthy language against the complainant; the Division Bench of Dipankar Datta* and Prashant Kumar Mishra, JJ., explained that in the instant case it will be essential for the Court to carefully assess the evidence presented, in order to determine whether there is sufficient material to establish the intention and knowledge on the part of the appellants, to insult the modesty of the complainant or, whether any act was intended to shock the sense of decency of the complainant being a woman. The Court pointed out that the term “filthy language,” when examined in isolation, and without any contextual framework or accompanying words, indicating an intent to insult the complainant’s modesty, does not fall within the purview of Section 509 of the IPC. Read more HERE
HIMACHAL PRADESH HIGH COURT | Can clicking a woman’s photograph attract the offence of stalking under S. 78 BNS?
In a petition filed by the accused for a pre-arrest bail in a case registered for the commission of offences punishable under Sections 221, 224, 351(2) and 78 of the BNS, a Single Judge Bench of Rakesh Kainthla, J., allowed the present petition, observing that Section 78 BNS was the only non-bailable offence and its ingredients were not satisfied in the present set of facts and further held that the custodial interrogation of the accused was also not needed, making his detention useless.
“Section 78 BNS punished a person who followed a woman and contacted her to foster personal interaction repeatedly despite a clear indication of disinterest by her or monitored her internet use, email or other form of electronic communication.”
Read More HERE
DELHI HIGH COURT | Section 377 IPC cannot be applied to criminalise marital sex
In a revision petition filed by the petitioner (‘husband’) seeking to set aside the Sessions Court’s order, Dr. Swarana Kanta Sharma,* J., stated that in the context of a marital relationship, Section 377 of IPC could be applied to criminalise non-penile-vaginal intercourse between a husband and wife. Such an interpretation would be in line with the reasoning and observations of Navtej Singh Johar v. Union of India, (2018) 10 SCC 1. The Court stated that no prima facie case was made out against the husband for the offence under Section 377 IPC. Therefore, the impugned order directing the framing of charge was unsustainable in law and was liable to be set aside. Read more HERE
MADHYA PRADESH HIGH COURT | Woman though can’t commit rape, but can be held liable for abetment to rape under Section 109 IPC
In a Criminal Revision filed under Section 397 read with Section 401 of the CrPC against Additional Sessions Judge’s order wherein charges were framed against them under Sections 376 read with 34, 190, and 506-II of IPC, a single-judge bench of Pramod Kumar Agrawal, J., modified the order and directed the trial court to frame charges under Section 376 read with 109 IPC instead of Section 376 read with 34 IPC, while keeping the remaining charges intact. Read more HERE
CONCLUSION
Across jurisdictions, Courts have shown firm resolve in upholding the rights of survivors, whether by recognising reproductive autonomy of minor victims, enforcing timely medical care, protecting children from re-traumatisation during trial, or expanding the scope of accountability under laws such as POCSO and POSH. At the same time, the judiciary has been equally vigilant in preventing dilution of safeguards through procedural shortcuts, investigative apathy, or mechanical prosecution. These judgments on crimes against women and children in 2025 reaffirm that offences against women and children are not just individual wrongs but constitutional injuries to dignity, equality and personal liberty.
Frequently Asked Questions (FAQs)
1. Can termination of pregnancy be denied at advanced stages despite rape?
Yes. The Rajasthan High Court denied termination of a 32-week pregnancy, holding that medical safety and foetal viability outweigh termination where the procedure would be life-threatening as highlighted in recent judgments on crimes against women and children in 2025 involving reproductive rights.
2. Is doppler monitoring of foetal heartbeat prohibited under PCPNDT Act?
No. The Gujarat High Court held that use of doppler devices for monitoring heartbeat does not amount to a prenatal diagnostic procedure under the PCPNDT Act
3. Does “living in adultery” include isolated acts?
No. The Patna High Court held that living in adultery requires a continuous course of conduct, not isolated acts.
4. How did courts approach cases involving delayed reporting of sexual offences?
Courts recognised that delay may stem from trauma, fear, dependency, or social pressure. However, delay alone was not treated as proof of guilt or innocence; instead, courts examined whether surrounding circumstances supported or weakened the prosecution narrative.
5. Can the legal process be used to recall child abuse survivors repeatedly for cross-examination?
No. The Supreme Court rejected a POCSO convict’s plea to recall his 11-year-old niece for cross-examination, observing that the legal process cannot be misused to re-traumatise child abuse survivors.
6. Is a company recognised as a “victim” under the CrPC?
Yes. The Supreme Court held that the definition of “victim” under Section 2(wa) CrPC is not narrow and that a company can be a victim entitled to file an appeal under the proviso to Section 372 CrPC.
7. Does use of filthy language by itself amount to an offence under Section 509 IPC?
No. The Supreme Court held that filthy language, when examined in isolation and without any context indicating intent to insult a woman’s modesty, does not fall within the ambit of Section 509 IPC.
8. Is ossification test mandatory when age proof is unavailable in POCSO cases?
Yes. The Delhi High Court held that in the absence of documentary proof of date of birth, ossification test under Section 94(2)(iii) of the JJ Act must be conducted. This ensures accurate age determination before proceeding with POCSO trials, protecting the rights of minors.
9. Can taking a woman’s photograph be considered stalking under the Bharatiya Nyaya Sanhita?
Not necessarily. The Himachal Pradesh High Court held that the offence of stalking under Section 78 BNS requires repeated contact despite clear disinterest or monitoring of electronic communication. Mere clicking of a photograph does not satisfy the ingredients.
10. Do child-specific safeguards under Section 33(2) of POCSO continue after the victim attains majority?
No. The Rajasthan High Court held that the procedural safeguards under Section 33(2) apply only so long as the victim continues to be a child at the time of testimony.