“Age of Consent” Under the POCSO Act
by Maharukh Adenwalla† and Prakriti Shah‡
POCSO Act
POCSO| Supreme Court grants pre-arrest bail to a public servant accused of rape
The accused had argued that the complainant and her family, out of ill will, had orchestrated the complaint and were extorting the petitioner for their own means and benefits. Rajasthan High Court, however, did not appreciate the fact that the previous complaints filed by the prosecutrix was closed on account of being frivolous and a closure report was also filed in the matter.
High Court Monthly Roundup| November 2022| 60+ Legal Stories including Default Bail, Babri Masjid Demolition, Kashmiriyat, Muzaffarnagar Riots and more
Allahabad High Court Allahabad High Court dismisses appeal against acquittal order in Babri Masjid Demolition Case In an appeal against
Love affair traversed beyond the legal and moral bounds; Rajasthan High Court quashes Rape and POCSO case against the 22-year-old
Rajasthan High Court: The Court exercising its inherent powers under Section 482 of Criminal Procedure Code (Code), quashed the First
Allahabad High Court| Anticipatory bail is a statutory right not a Constitutional right; Successive anticipatory bail application not maintainable
Allahabad high Court: In a second anticipatory bail application for offences under Sections 363, 366, 376 of the Penal Code,
Act of mutual affection between young boyfriend and girlfriend cannot equate with ‘Sexual Assault’ under POCSO Act; Meghalaya High quashes FIR
“In a case of rape or sexual assault, the act not only affects the physical well-being of the victim but would also leave a very deep emotional scar which would require prolonged counselling for the experience and the image to be erased from the mind of the victim. Such an act would have a more profound effect on a child.”
[Special Legislations] | Karnataka HC | POCSO Act is a Special Law which can override any Personal Law
Karnataka High Court: While deciding the instant application seeking regular bail for offences under the provisions of Prohibition of Child
Karnataka HC | In sexual assault cases, DNA report favouring the accused will not automatically absolve such accused of the offences so alleged
Karnataka High Court: While deliberating over the instant petition seeking termination of proceedings under the provisions of the POCSO Act,
The Fundamental Tussle between Bails and Fundamental Rights: Analysing the Vijay Chaudhary Judgment and Determining a Way Forward
by Swarnendu Chatterjee†
Cite as: 2022 SCC OnLine Blog Exp 66
Tracing back 90+ top stories of High Courts from the month of July 2022| Reproductive choice, Trademark, Service Charge, Misleading advertisements and more
Allahabad High Court SC and ST Act, 1989 Section 3 (2) (v) of SC and ST Act, 1989 only attracts by way
Bombay High Court| Slow pace of trial defeating the very purpose of POCSO Act; Court of Sessions to submit report of pending cases, number of Special Courts
Bombay High Court: Bharati Dangre, J. while adjudicating a bail application which dealt with an unfortunate incident of a girl
Ban the practice of two-finger test on victims of sexual offences by medical professionals: Madras HC to State
Madras High Court: Stating that two-finger test cannot be permitted to be continued, the Division Bench of R. Subramanian and N. Sathish
If a girl runs away voluntarily without any persuasion, can boy with whom she eloped be held responsible for abducting the girl? Chh HC explains
Chhattisgarh High Court: Deepak Kumar Tiwari, J., held that, when the accused has not played any active role or persuaded the victim
HP HC | Minor girl students raped and subjected to penetrative sexual assault by their teacher: Sanctity of Teacher-Student relationship polluted
Himachal Pradesh High Court: Polluting the sanctity of the relationship of the teacher and students, a teacher committed rape and penetrative sexual
Every common woman travelling in public transport have experienced incidents of inappropriate touch by male gender, but ignored: Is this the reason why such assaults go unreported? Read detailed decision on one such incident
Court of Special Judge under the Protection of Children from Sexual Offences Act, 2012, Fort Greater Mumbai: Expressing that essence of a
‘Sexual perversity is a social menace’: Cal HC upholds order of framing charges against Stepfather; Lays guidelines for effective protection of child victim’s identity under POCSO Act
Calcutta High Court: While expressing that, Sexual perversity is not only a personal disease, but also a social menace; The act itself
‘Purpose of POCSO Act is to treat minors as a class by itself so that an attempt to abuse minor entails graver consequences’: Del HC stresses upon purpose of POCSO Act
Delhi High Court: While observing that, rape is an offence which not only violates the physical body of the survivor but is
‘Hang by neck till dead’: Bom HC confirms death sentence in a rarest of rare cases for committing rape and murder of a 3-years 9-months old child
Bombay High Court: A Division Bench of Sadhana S. Jadhav and Prithviraj K. Chavan, JJ. confirmed the death sentence awarded by the
POCSO | Putting penis into mouth will fall under which category – Aggravated Sexual Assault or Penetrative Sexual Assault? All HC answers
Allahabad High Court: Anil Kumar Ojha, J., while addressing a matter of child sexual assault, expressed that, Putting penis into the mouth
Conviction can be based on Testimony of Child Witness: Is it obligatory for a Judge to ask the child whether he/she is able to understand questions put to her? Bom HC [Full Story]
Bombay High Court: Anuja Prabhudessai, J., opined that where the witness is of tender age (as in the instant case before the