Moral Policing, POCSO & the Rule of Law
Watch Law Made Easy by SCC Times new episode which examines the legal framework under the Bharatiya Nyaya Sanhita, 2023, the Protection
POCSO Act
Young age, prior romantic relationship, differing statements: Delhi HC grants bail in POCSO case
The Court noted that the applicant and the prosecutrix were in a love relationship for a few months prior to the date of the incident.
Supreme Court permits mother to relocate minor children to UK; holds father facing POCSO prosecution disentitled to custody
Supreme Court permits mother to relocate minor children to the UK, holds that frequent changes of employment cannot be termed “nomadic life” and considers pending POCSO prosecution while determining custody.
Inappropriate conduct or corporal punishment without sexual intent does not amount to sexual assault; Supreme Court quashes POCSO proceedings against school teacher
Supreme Court observed that while the accused being a teacher, needed to be more sensitive when dealing with young students, particularly girl students, his inappropriate conduct or use of corporal punishment, in the absence of the requisite sexual intent, could not by itself justify prosecution under the stringent provisions of the POCSO Act.
Applying mouth to a child’s private part constitutes penetrative sexual assault under S. 3(d), POCSO Act; Kerala HC upholds conviction
The Kerala High Court upheld the conviction of an accused under the Protection of Children from Sexual Offences Act, 2012, holding that intentional application of the mouth to the private part of a child squarely falls within the ambit of Section 3(d) of the Act and constitutes penetrative sexual assault.
Mother’s Settlement cannot override State’s duty to prosecute; Kerala High Court denies Bail to Father accused of Sexually Assaulting Minor Daughter
The case depicts the tragic plight of a minor girl, aged 17 years, who was repeatedly subjected to sexual exploitation by her own father.
When Justice Demands Closure, Criminal Proceedings Need Not Continue; Allahabad HC Quashes POCSO FIR
The Allahabad High Court quashed FIR under the POCSO Act, holding that continuation of the criminal proceedings would serve no fruitful purpose in the peculiar facts of the case.
“Chest” and “Breast” distinction immaterial in POCSO Cases; Grabbing child’s chest with sexual intent amounts to sexual assault: Kerala HC
Kerala High Court held that in cases involving child victims, expressions used to describe the act of sexual assault must be interpreted in the factual context rather than through strict anatomical distinctions.
POCSO | Betrayed Her Trust, Destroyed Her Life, Degraded Her Very Soul: Bombay HC Upholds Life Sentence of Man Convicted of Impregnating 12-Year-Old daughter
the High Court observed that there can never be more shocking heinous crime when a father is charged for committing sexual assault on his own daughter.
Incoherence in a 3-Year Old’s Narrative Does Not Diminish Its Credibility; Delhi HC Cancels Bail Granted to POCSO Accused School Caretaker
The Court held that absence of external injuries or pending forensic reports cannot, by themselves, justify grant of bail if the trial court had overlooked material circumstances bearing upon the gravity of the offence and the vulnerability of the victim.
POCSO | Kerala HC Upholds Madrassa Teacher’s Conviction for Aggravated Penetrative Sexual Assault on a Nine-Year-Old Boy
The Kerala High Court upheld the conviction of a Madrassa teacher for offences under the POCSO Act, IPC, and Juvenile Justice Act, holding that a child survivor’s reliable and consistent testimony can independently sustain a conviction.
Supreme Court Bars Multi-Expert Panels for Psychological Evaluation of Child Victims in Custody Disputes, Issues 20-Point Guidelines
The Court clarified that the guidelines issued herein are not intended to be understood as exhaustive or inflexible guidelines to be applied mechanically in every case. The determination of such application was left to the sound discretion of the Court concerned, to be exercised on a case-to-case basis.
Patna HC Sets Aside POCSO Conviction, Rules Expression “Bad Work” is Insufficient to Presume Penetrative Sexual Assault
“Merely on the presence of semen on the pant of the victim and on the basis of the ocular evidence that some ‘bad work’ was done, it cannot be presumed that penetrative sexual assault to some extent was committed upon her.”
Inside Delhi High Court Guidelines for Quashing of POCSO FIR in Consensual Adolescent Relationship
“The jurisprudential basis for the State being the prosecuting agency in criminal offences is to prevent a criminal prosecution from descending into an exercise in vengeance, where the victim goes baying-for-the-blood of the offender; and to maintain objectivity, neutrality, fairness and a sense of proportion in prosecution of an offender.”
Unchallenged oral testimony of victim and her mother is sufficient to prove age; Kerala HC upholds POCSO conviction
The Court holds when the accused contends that the victim is not a child as defined in the POCSO Act, it is the prosecution’s duty to prove the victim’s age.
Delhi HC discourages repeated summoning of minor victims in POCSO trials; Reiterates safeguards for “vulnerable witnesses”
“Both the statutory framework under the POCSO Act and the Guidelines framed by this Court recognise that the use of technology and protective arrangements is an important tool to ensure that the testimony of vulnerable witnesses is recorded in a manner that is both — fair to the accused and sensitive to the needs of the victim.”
Bombay HC commutes POCSO convict’s life sentence to 12 years; cites his constructive participation in education and Gandhian thoughts
“The accused was only 20 years of age at the time when the offence took place, as reflected in the FIR, and was not released on bail even during Covid-19.”
Inside Karnataka HC’s order upholding acquittal in POCSO case; highlights victim’s inconsistent and untrustworthy statements
The Court observed that the victim admitted being about 18 years old, while her father’s evidence on age was inconsistent. With contradictions between oral and medical evidence, minority was not proved, and hence, Protection of Children from Sexual Offences Act, 2012 could not be invoked.
Rajasthan High Court grants bail to accused in POCSO case where victim allegedly eloped willingly
In the case at hand, it is evident from the Medical Ossification Report that the victim’s age is between 16-18 years.
DNA doesn’t lie! Delhi HC upholds POCSO Conviction of father who impregnated minor daughter
“The social circumstances and the economic status of the family may have compelled the Prosecutrix and her mother to give contradictory statements or to turn hostile. However, in such cases the Court cannot completely ignore the scientific evidence which has come on record.”