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
Protection of Children from Sexual Offences Act
Investigation done, Survivor examined: Meghalaya HC grants bail to POCSO accused after a year in custody
Weighing a year in custody against the seriousness of the allegations, the Meghalaya High Court granted bail with strict conditions, including a complete prohibition on contact with the survivor.
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.
Shariat Law Cannot Override Child Marriage Prohibition: Allahabad HC Dismisses FIR Quashment Bid by Family That Attacked Police While Stopping 16-Year-Old’s Marriage
The Court held that the Shariat Law providing for puberty as the competent age under the law, permissible for a girl to marry or be married, violates the Prohibition of Child Marriage Act and the POCSO Act.
Rivalry between parties can’t override prima facie evidence of overt acts captured on CCTV: Kerala High Court refuses to quash POCSO case
“It is true that, when the parties are in rivalry, false implication of one among them in a serious crime would be resorted to wreak vengeance and to see the obliteration of the opponent. At the same time, there may be occurrences otherwise also.”
[POCSO] Supreme Court grants anticipatory bail to 28-yr-old man accused of molesting minor girl
Nearly two years had passed since the FIR was lodged, yet no progress was made in the case. The Court noted that the accused had cooperated with the investigation and that the chargesheet was yet to be filed.
WhatsApp news group will come within domain of ‘any form of media’; Jharkhand HC dismisses petition to quash charges against Local MLA accused of disclosing identity of rape victim
It is alleged that the local MLA-the petitioner and his supporters visited Hospital to show their sympathy to the victim and her family member and after taking name, address and photograph of victim, it was sent to media and other organization from the petitioner’s mobile number.
‘Case where trust has been betrayed and social values are impaired’; Chhattisgarh HC upholds conviction and sentence of father who repeatedly raped his minor daughter
“Nothing can be more heinous than a crime committed on the person of a child by her father, the one who is duty-bound to provide her unflinching protection from all harm.”
‘Hospitals can’t insist on police complaint as condition to provide medical care’: Bombay HC
“Grant of medical aid to any person is directly concomitant with the guarantees of Article 21 of the Constitution.”
The tale of a teacher accused of offering flowers and chocolates to 8th-Standard girl as SC overturns POCSO conviction
The Special Court for POCSO cases convicted the Tamil languageNadu teacher under Section 12 of the POCSO Act and sentenced him to three years of rigorous imprisonment and the High Court affirmed the conviction.
‘Adolescent love cannot be controlled by the Courts’; Andhra Pradesh High Court grants bail to POCSO accused
“In the case of lack of inducement or threat, the Court must be conscious of the fact that they are not dealing with criminals.”
Raj HC orders POCSO convict to serve parole at a place away from victim’s residence to balance victim’s safety and accused’s rights
“The Court is mindful of the legislative intent of the POCSO Act which provides that the contact between the accused and the victim should be prevented to minimise the trauma experienced by the child.”
‘Court cannot turn its back on distressed family’: Delhi HC quashes FIR against a man accused under POCSO after considering his happy married life with victim
“The petitioner’s prosecution and conviction will lead to pain and tears in the eyes of the family members and future of two families will be at stake, whereas, if the impugned FIR is quashed, it would serve the ends of justice.”
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.
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,
Non-reporting of POCSO offence despite knowledge a serious offence; Bombay High Court’s quashment of FIR against accused Medical Practitioner unfortunate: SC
“Non-reporting of sexual assault against a minor child despite knowledge is a serious crime and more often than not, it is an attempt to shield the offenders of the crime of sexual assault.”
Megh HC | Accused under POCSO Act denied bail for harassing victim minor girl opining that there was reasonable apprehension of witness tampering
Meghalaya High Court: The Bench of H.S. Thangkhiew, J. hearing a bail application filed by an accused under Protection of Children from
Supreme Court seeks data from High Courts on status of cases pending under POCSO Act
Supreme Court: While hearing the plea seeking compensation of Rs 10 lakh for the parents of an eight-month old baby who was