POCSO Archives

Bom HC | If a minor is made to succumb to penetrative sexual assault by various customers and is induced into prostitution, will person responsible for the same be punishable under POCSO Act? HC explains

Bombay High Court: Mangesh S. Patil, J., while upholding the decision of Special Judge elaborated on the Sections of POCSO Act in

Case Briefs High Courts

P&H HC | “Nightmarish and traumatic”; HC denies bail in a case of sodomy committed to an 8-year-old child

Punjab and Haryana High Court: H.S. Madaan, J., rejected the bail application of the applicant accused of committing an act of sodomy

Case Briefs High Courts

J&K HC | Is taking off trousers of victim as well as taking off one’s own trousers an attempt to rape? HC clarifies distinction between indecent assault and attempt to rape

Jammu and Kashmir High Court: Sanjeev Kumar, J., granted bail to the applicant in arrested in a rape case. While clarifying the

Case Briefs

P&H HC | “A juvenile cannot be arrested”; HC holds application for anticipatory bail by a juvenile is not maintainable in law

Punjab and Haryana High Court: Rajesh Bhardwaj, J., held that plea for anticipatory bail by a juvenile is not maintainable in law

Case Briefs High Courts

Megh HC | Grant of bail entirely within the discretion of Judge; Bail denied, directions issued to provide online facilities for gang rape accused to attend classes

Meghalaya High Court: W. Diengdoh, J., dismissed an application filed by the Petitioner with a prayer for grant of bail on behalf

Case Briefs High Courts

Kar HC │ Can the statement recorded under Section 164 of Cr.PC be considered to be evidence under Section 35 of the POCSO Act? Whether the accused is entitled to bail in case the mandate under Section 35 of the POCSO Act has not been completed?

Karnataka High Court: A Division Bench of B. V. Nagarathna and M.G. Uma JJ. held that the accused does not have a

Case Briefs High Courts

Tri HC | Strong prima facie case leaves no ground for custodial immunity; Court rejects bail application in matter of Ss. 377 and 506 of IPC and S. 6 of POCSO

Tripura High Court: S.G. Chattopadhyay J., rejected a bail application which was filed in the matter of an FIR registered under Sections

Legal RoundUp Supreme Court Roundups

Supreme Court Monthly Roundup – January 2021

TOP STORIES Supreme Court gives a go-ahead to Central Vista Project in a 2:1 verdict “What purpose will a public interest proceeding

Case Briefs Supreme Court

No sexual assault if no ‘skin to skin’ contact? Supreme Court stays Bombay High Court’s “dangerous precedent” on POCSO Act

Attorney General for India K. K. Venugopal brought to the Court’s notice that the Nagpur Bench of Bombay High Court has passed a judgment dated 19.01.2021 is likely to set “a dangerous precedent”.

Case Briefs High Courts

Bom HC | 70-year old man convicted under S. 10 POCSO Act for touching breast of a minor child aged 8 years old amounting to ‘aggravated sexual assault’

Bombay High Court: Vinay Joshi, J., altered the conviction for rape and penetrative sexual assault to an act of aggravated form of

Case Briefs High Courts

Chh HC | Bail granted to accused under POCSO Act on grounds of non-objection by the victim/ complainant

Chhattisgarh High Court: Prashant Kumar Mishra J., allowed the application and granted bail in the matter concerning offence under Protection of Children

Case Briefs High Courts

Guj HC | Rape charges on boy filed by minor wife quashed; Costs imposed on parents for ruining childhood of minors

Gujarat High Court: A.S. Supehia, J., quashed a rape case against a boy which was filed by his minor wife. The FIR

Case Briefs High Courts

Pat HC | Seriousness of “alleged” offence cannot be made a ground for rejecting bail under Juvenile Justice Act, 2015

Patna High Court: In an application challenging the order of rejection of bail passed by Additional Sessions Judge, Ashwani Kumar Singh, J.,

Case Briefs High Courts

MP HC | Scope and extent of bail conditions under S. 437(3) CrPC are wide enough to include reformative measures like community service, but ought not be onerous and excessive in nature; HC decides scope and application of Bail under POCSO and SC/ST Act

Madhya Pradesh High Court: Anand Pathak, J., while deciding an application against cancellation of bail said: in cases where “any bail application

Case Briefs High Courts

Bom HC | “Consent induced by fiduciary relationship not a free consent”: Bom HC while refusing bail to rape accused business partner of victim’s father

Bombay High Court: Bharati Dangre, J., while addressing a petition with regard to the rape of a minor girl, made an observation that:

Case Briefs Tribunals/Commissions/Regulatory Bodies

NHRC issues notice to UP Govt. & Union Ministry of Jal Shakti over alleged gang-rape, murder of minor girl

The National Human Rights Commission India has taken suo motu cognizance of media reports that a 13-year-old girl belonging to Scheduled Caste

Case Briefs High Courts

Bom HC | Step father accused of sexually abusing step daughter granted bail since investigation in case complete

Bombay High Court: Sandeep K. Shinde, J., granted bail to the applicant accused of sexually abusing her step daughter. Applicant sought enlargement on bail