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Supreme Court Interprets Scope of 'Child' under POCSO Act in Appeal Concerning Mentally Challenged Victim. Mental Age of Adult with Cerebral Palsy Considered for Applicability of Special Procedures under Protection of Children from Sexual Offences Act, 2012.

The case concerned a criminal appeal by the prosecutrix, a 38-year-old woman suffering from cerebral palsy (R. Hemiparesis), through her mother. An FI...

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Supreme Court Acquits Accused in Murder Case Due to Unreliable Identification and Lack of Corroboration. Benefit of Doubt Extended Where Sole Eyewitness Testimony Was Inconsistent and Medical Evidence Did Not Match Ocular Version Under Section 302 IPC.

The case pertains to the death of Mandeep Kumar on 21.10.2018 following an alleged attack by seven masked persons. The appellant, Sagar, was identifie...

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Supreme Court Restores Conviction for Aggravated Penetrative Sexual Assault Under POCSO Act Despite Victim's Consent and Cohabitation. Consent of a Minor Is Irrelevant for Offences Under the POCSO Act and Section 376 IPC, and the High Court Exceeded Its Jurisdiction by Acquitting Based on Such Consent.

The Supreme Court of India dealt with a suo motu writ petition and a criminal appeal arising from a judgment of the Calcutta High Court. The backgroun...

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Bombay High Court Holds Juvenile Cannot File Anticipatory Bail Under Section 438 CrPC; Remedy Lies Under Juvenile Justice Act. The JJ Act is a complete code providing for bail provisions for children in conflict with law, and Section 438 CrPC is not available to them.

The case involved a reference to a Division Bench of the Bombay High Court to decide whether a juvenile in conflict with law can file an application f...

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Supreme Court Allows Mother to Take Child to Singapore in Custody Dispute — Welfare of Child Paramount. Mother's Relocation for Employment Does Not Justify Restriction on Child's Travel; Family Court Retains Jurisdiction with Undertakings.

The appellant, Mrs. Ritika Sharan, and the respondent, Mr. Sujoy Ghosh, were married on 4 February 2009 and have a son, Sattik, born on 9 May 2013. Du...

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Supreme Court Upholds Rights of Trafficking Victims, Issues Guidelines for Rescue and Rehabilitation. Court Holds That State Must Take Reasonable Measures to Safeguard Right to Rehabilitation Under Article 21.

This Miscellaneous Application arose from a prior disposed Public Interest Litigation regarding human trafficking. The petitioner sought enforcement o...

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Supreme Court Recognizes Menstrual Hygiene as Integral to Right to Education and Dignity. Court Emphasizes State's Obligation to Provide Free Sanitary Pads and Separate Toilets in Schools Under Articles 14, 21, and 21A.

The writ petition under Article 32 of the Constitution was filed by a social worker seeking judicial intervention to address the widespread lack of me...