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Search Results for "POCSO trial"

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Supreme Court

Supreme Court Upholds Petitioner in IPC Marital Rape Exception Challenge; Declares Exception 2 to Section 375 IPC Unconstitutional for Girls Aged 15-18. The Court Held That the Exception Violates Articles 14, 15(3) and 21 of the Constitution by Discriminating Between Married and Unmarried Girls and Disregarding Child Marriage Prohibition.

1 Aug 2026

The writ petition under Article 32 of the Constitution was filed by Independent Thought, a child rights society, challenging Exception 2 to Section 37...

Supreme Court

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.

1 Aug 2026

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...

High Court

High Court of Bombay Disposes Three Criminal Applications in Matrimonial Dispute Seeking Quashing of FIRs. Accusations Involve IPC, POCSO Act, and Juvenile Justice Act Allegations Between Family Members.

3 Jul 2026

The High Court of Judicature at Bombay dealt with three interconnected proceedings arising from a matrimonial dispute between a husband (Prakash Hotch...

High Court

High Court of Karnataka Dismisses Petition to Quash FIR Against School Authorities Accused Under POCSO Act. Court Holds that Statutory Duty to Report Child Sexual Abuse Overrides Institutional Silence and Upholds Investigation for Failure to Report Under Section 21.

2 Jul 2026

The judgment arises from a criminal petition filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking to quash the FIR registe...

High Court

Bombay High Court Allows Revision, Discharges Newspaper Editor in POCSO Identity Disclosure Case. Section 23(3) POCSO Act imposes vicarious liability on publisher only if employee acts within course of employment; editor not liable for independent acts of reporter.

16 Jun 2026

The case involves a criminal revision application filed by Gammat Nandlal Bhandari, the editor/publisher of a newspaper, challenging the order of the ...

Supreme Court

Supreme Court Restores POCSO and IT Act Charges in Child Pornography Case — High Court Erred in Quashing Chargesheet Without Considering Presumption of Culpable Mental State. Possession of Child Pornographic Material, Even Without Intent to Distribute, Constitutes an Offence Under Section 15(1) of POCSO and Section 67B of IT Act.

23 Sep 2024

The Supreme Court allowed the appeals filed by Just Rights for Children Alliance and another child rights organization against the judgment of the Mad...

Supreme Court

Supreme Court Quashes Proceedings Against Editor in POCSO Case Due to Lack of Magistrate Permission for Investigation. The Court held that Section 155(2) of the Code of Criminal Procedure, 1973 applies to non-cognizable offences under Section 23 of the Protection of Children from Sexual Offences Act, 2012, and investigation without Magistrate permission is vitiated, barring cognizance.

21 Mar 2022

The appeal arose from a judgment of the High Court of Karnataka dismissing a criminal petition under Section 482 of the Code of Criminal Procedure, 19...

Supreme Court

Supreme Court Sets Aside High Court's Acquittal Under POCSO Act, Restores Conviction for Sexual Assault Without Skin-to-Skin Contact Requirement. The Court held that 'sexual assault' under Section 7 of the Protection of Children from Sexual Offences Act, 2012, does not require direct skin-to-skin contact; physical contact with sexual intent suffices, overturning the High Court's narrow interpretation.

18 Nov 2021

The Supreme Court of India adjudicated multiple criminal appeals arising from judgments of the Bombay High Court, Nagpur Bench, concerning interpretat...

High Court

Karnataka High Court Dismisses Bail Petitions and Refers Questions on POCSO Act to Division Bench. Single Judge observes conflicting views on Section 35 compliance and refers issues regarding default bail and evidence recording under Section 164 Cr.P.C., doubting Vinay v. State of Karnataka.

23 Apr 2021

The case involved two criminal petitions filed before the Karnataka High Court by the accused, Hanumantha Mogaveera, seeking bail under Section 439 of...

High Court

Bombay High Court Directs Strict Compliance with Child Victim Rights in POCSO Cases. Court Mandates Implementation of Section 40 POCSO Act and Section 439(1-A) CrPC to Ensure Child Participation and Legal Assistance.

8 Apr 2021

The petitioner, a social worker assisting child victims of sexual abuse, filed a Public Interest Litigation before the Bombay High Court seeking enfor...

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