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
POCSO Act
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
[Rape] Kar HC | Guilt of the accused can be established only after examination of all the witnesses as desired by the prosecution; Matter remitted back to adduce necessary evidence
Karnataka High Court: A Division Bench of G I Narendar and M I Arun JJ. allowed the appeal and set aside the
Fear of stigma, not being believed and being blamed: 17-year-old girl leaving a note to her mother explaining ill deeds of her uncle who sexually harassed her, ended her life | Bom HC delves to know what happened
Bombay High Court: Sexual violence knows no boundaries, it occurs in every country, across all parts of society, Bharati Dangre, J., while
Madras HC | Schools to keep a complaint box to make victims complain about sexual assault freely
Madras High Court: P. Velmurugan, J., directs Schools to keep a complaint box to make the victims complain about the sexual assault
Viewing ‘Child Pornography’ is an offence? Is there a distinction between a one-time consumer of ‘child pornography’ and someone who distributes and transmits it on a digital domain? Imperative Decision
Madras High Court: G.R. Swaminathan, J., addressed a matter in regard to child pornography. An instant petition for anticipatory bail was filed.
Del HC | In a case of sexual assault, can Court act upon the testimony of a child victim? Can accused be convicted based upon the same? Read on
Delhi High Court: Manoj Kumar Ohri, J., stressed the reliability of the child victim’s testimony in a sexual assault case and upheld
Sikk HC | Court rejects bail of accused of offences under S. 354 IPC, S. 8 POCSO and S. 25 Juvenile Justice Act
Sikkim High Court: Meenakshi Madan Rai, J., rejected a bail application wherein the Petitioner, Principal of a School, aged about 58 years,
Telangana HC | Can a sexual offender be taken into preventive detention? Read the case of ‘detenu’ who committed intercourse with minor in secluded place and let her off next day
Telangana High Court: The Division Bench of A. Rajasheker Reddy and Dr Shameem Akhter, JJ., while addressing the matter has shed some
[POCSO Act] HP HC | Bail granted in a case where a major developed consensual sexual relations with a minor, in light of mitigating factors; Petition allowed
Himachal Pradesh High Court: Anoop Chitkara J., allowed the petition and reduced the sentence to the period of imprisonment already undergone. Background