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Tag: POCSO

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‘Romantic Relationship, Proposal To Marry Cannot Dilute POCSO Act’: Uttarakhand High Court Denies Bail Over Minor’s Sexual Assault

The Uttarakhand High Court has held that a plea of a romantic relationship or a subsequent proposal to marry cannot dilute the statutory protection granted to a minor under the POCSO Act. The Court reiterated that

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Minor Sexual Assault Victim’s Inability to Describe Sexual Act Cannot Be Ground to Reject Her Testimony: Bombay High Court Reverses Acquittal

Introduction The Bombay High Court has held that a minor child’s inability to give an exact description of the sexual act cannot, by itself, be a reason to discard her testimony in a sexual assault case.

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Supreme Court Questions Criminalisation of Consensual Teenage Relationships Under POCSO Act

Introduction In an important observation during the hearing of a case under the Protection of Children from Sexual Offences (POCSO) Act, 2012, the Supreme Court expressed concern over the criminalisation of consensual romantic relationships between adolescents.

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Supreme Court Revives POCSO Case Against School Headmistress for Failing to Report Child Sexual Abuse

Introduction In a significant judgment strengthening the mandatory reporting obligations under the Protection of Children from Sexual Offences (POCSO) Act, 2012, the Supreme Court has held that a school headmistress cannot avoid prosecution merely because she

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“Even Death Penalty Would Not Be Adequate”: Pune Court Awards Death Sentence To 65-Yr-Old For Rape, Murder Of 3 Yr-Old Girl

A Pune special court awarded the death penalty to a 65-year-old man, Bhimrao Prabhakar Kamble, for the brutal rape and murder of a three-year-old girl, stating that even execution might not be adequate for the heinous

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Supreme Court Raises Concern Over Alleged Misuse of POCSO Law in Matrimonial Disputes

Introduction The Supreme Court has expressed concern over what it described as an “uglier side” of matrimonial litigation, noting instances where allegations under the Protection of Children from Sexual Offences (POCSO) Act are allegedly being invoked

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Teacher’s Disciplinary Action Cannot Be Criminalised Under POCSO Without Sexual Intent: Madras High Court

Introduction In an important ruling concerning educational discipline and child protection laws, the Madras High Court has observed that genuine disciplinary actions taken by teachers should not automatically be treated as offences under the Protection of

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Victim’s Failure to Raise Alarm Does Not Mean Consent: Uttarakhand High Court Upholds POCSO Conviction

Introduction In a significant ruling under child protection laws, the Uttarakhand High Court has held that a victim’s failure to raise alarm or attempt escape cannot be treated as consent in cases of sexual offences involving

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Karnataka High Court Grants Bail to POCSO Accused, Notes 15-Year-Old Victim’s Ability to Understand Consequences

The Karnataka High Court has granted bail to a man accused of multiple offences under the Protection of Children from Sexual Offences (POCSO) Act and related provisions, observing that the 15-year-old girl involved was in a

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