POCSO Act: “Penetration to any extent” is sufficient, even without physical injury | SCC Times
The Himachal Pradesh High Court, in Shyam Veer v. State of H.P., 2026 SCC OnLine HP 5948, reiterated that penetration “to any
The Himachal Pradesh High Court, in Shyam Veer v. State of H.P., 2026 SCC OnLine HP 5948, reiterated that penetration “to any
Can private individuals legally stop, restrain or use force against young people because they disapprove of their conduct? This episode examines the reported Jamui incident, the BNS, POCSO Act, private interference, unlawful restraint, child protection and the rule of law.
Coming Soon | Next episode in Law Made Easy by SCC Times examines the reported Jamui incident through the Bharatiya Nyaya Sanhita,
The Kerala High Court has ruled that the distinction between the terms “chest” and “breast” is immaterial while assessing allegations of sexual
The Calcutta High Court recorded submissions that the alleged minor was in fact above 17 years, had married the petitioner, and was living with him as his wife with a child born out of the marriage.
The victim, a minor girl, was abducted, gang-raped, and brutally murdered by the appellants. Her body was later recovered, bearing signs of extreme violence and attempts to destroy evidence.
“The evidence of the victim girl and the medical examination report prima facie do not indicate that there was any penetration or rape committed by the petitioner on the victim girl nor that he attempted to penetrate.”
The present case has once again brought to light, the distressing reality that victims of sexual assault, particularly those who are minors and come from socio-economically disadvantaged backgrounds, often remain unaware of the appropriate legal forum to approach, or the procedure to be followed, in cases involving termination of pregnancy resulting from sexual assault.
One has to be conscious of the intersectionality of a girl child who has undergone trauma of sexual violence. Such a victim, on being summoned by court to depose and virtually relive the trauma, is bound to get jitters and consequences like loose motions and fever etc, caused by nervousness and agony.
“The presence of ‘sexual intent’ is the determining factor in distinguishing an act of mere physical force from an act that constitutes sexual assault under the POCSO Act.”