High Courts
[POCSO Act] Lying Very Close To Minor Victim Amounts To 'Outraging Modesty' But Not 'Aggravated Sexual Assault' If No Overt Sexual Intent: Delhi HC
The Delhi High Court has held that pressing lips of a minor victim and lying very close to her may amount to offence of outraging her modesty under Indian Penal Code but the same may not amount to offence of aggravated sexual assault under POCSO Act if overt sexual intent is absent. “The act of touching and pressing lips or lying down next to the victim, though may result in violation of...
Ensure That All Inculpatory & Exculpatory Material Collected In Probe Is Given To Accused Before Trial Begins: Madhya Pradesh HC To State
While disposing of Public Interest Litigation petition, the Madhya Pradesh High Court has directed the State to ensure case diary and charge sheet filed under Section 193 of Bhartiya Nagarik Suraksha Sanhita (BNSS) contains all the evidence which is both inculpatory as well as exculpatory in nature.Section 193 of BNSS to Report of police officer on completion of investigation. While referring...
'Man In Uniform' Being Unauthorizedly Absent From Duty, Sending False Information About His Death Is Gross Misconduct: Rajasthan High Court
The Jaipur bench of the Rajasthan High Court upheld the dismissal of a CRPF Constable who wilfully remained absent from duty for 65 days beyond the sanctioned leave without any intimation to the authorities and when notice was issued to join back on duty he sent incorrect information of him passing away.Justice Anoop Kumar Dhand in his order said: "This Court is of the considered opinion that...
No Room To Order Concurrent Running Of Sentences Where Two Offences Have No Connection, Transactions Are Completely Different: Kerala HC
The Kerala High Court has held that Section 427 of CrPC, which empowers Courts to order concurrent running of subsequent sentences, has no application when a person is convicted for different offences in two different crimes committed in completely different transactions.Justice C. Jayachandran observed that the Petitioner-convict's contention that the sentencing court passing the...
Accused Has No Absolute Right To Seek Further Investigation But Courts Can Intervene If Probe Is Incomplete, Shabby Or Malafide: Kerala HC
The Kerala High Court has reiterated that an accused has no absolute right to seek further investigation or to dictate the terms of investigation or to state that the investigation must go in a particular manner.Justice A. Badharudeen was considering an order of the Trial Court which dismissed an application seeking further investigation under Section 173 (8) of the CrPC. Court said,...
'Police Can't Say It Has "Bigger Scams" To Unearth': Bombay HC Pulls Up Cops For Delay In Probing Case Of Sr Citizen Who Lost ₹32 Lakhs To Cyber Fraud
While hearing the petition filed by a septuagenarian woman, who was kept in 'digital arrest' and duped of Rs 32 lakhs, the Bombay High Court on Thursday pulled up the police officers of the Mumbai Police who initially refused to lodge the FIR and then conducted a 'shabby probe.'A division bench of Justices Revati Mohite-Dere and Dr Neela Gokhale expressed displeasure over how the police...
Objections Raised By Neighbours, Relatives Cannot Be Sole Ground For Refusing Convict's Parole: Himachal Pradesh High Court
The Himachal Pradesh High Court has recently said that any objection raised by local inhabitants or relatives cannot be the sole determinative basis for refusing parole.Justice Ranjan Sharma said, "Any objection raised by local inhabitants / relative cannot be the sole determinative basis for refusing parole and such an objection raised by local inhabitants/relative cannot be given...
'Highly Undesirable Practice, Wastes Judicial Time': Delhi High Court Laments Frequent Non-Appearance Of Govt Counsel In Customs Matters
The Delhi High Court recently expressed its displeasure at the frequent non-appearance of government counsel in customs related matters.A division bench comprising Justices Prathiba M. Singh and Rajneesh Kumar Gupta observed, “It is noticed that in a large number of customs matters, the Counsels are either not appearing or appear without proper instructions. In cases of nonappearance, the...
SC Collegium Recommends Appointment Of Three Additional Judges As Permanent Judges For J&K High Court
The Supreme Court Collegium has approved the appointment of three Additional Judges as Permanent Judges of the High Court. The Collegium, in its meeting held on March 5, 2025, passed a resolution confirming the elevation of Justice Wasim Sadiq Nargal, Justice Rajesh Sekhri & Justice Mohammad Yousuf WaniJustice Wasim Sadiq Nargal holds the distinction of being the first Muslim judge from...
Can't Sit Over Expert Panel Report Unless Malice Is Alleged: High Court Rejects Plea Challenging Haryana PGT Teacher Exam Answer Key
The Punjab & Haryana High Court dismissed the plea challenging the screening test question paper for the post of Post Graduate Teacher (PGT) (Chemistry) and its final answer key published in October 2024 noting that the expert committee has already been formed and Court cannot sit over it, unless there is an allegation of malice. Justice Sanjeev Prakash Sharma and Justice Meenakshi I....
Qualifying NET Is Minimum Criteria For Asst Professor Extension Lecturer Holding M.Phil Has No Right To Continue: Punjab & Haryana HC
The Punjab & Haryana High Court has made it clear that extension lecturer holding M.Phil degree who have not qualified UGC NET has no right to continue in service and is required to be relieved from service.The Court noted that Service Rules, 1986, amended in terms of the UGC Regulations, 2010, do not provide for any exemption from NET to the M.Phil. degree holders for the post of...
Supreme Court Collegium Recommends Appointment Of Calcutta High Court Judge Justice Harish Tandon As Chief Justice Of Orissa High Court
The Supreme Court Collegium has recommended the appointment of Justice Harish Tandon (Calcutta HC) as the Chief Justice of the High Court of OrissaThe appointment was made against the vacancy which arose consequent upon retirement of Justice Chakradhari Sharan Singh on 19th January 2025.“Mr. Justice Harish Tandon was appointed as a Judge of the High Court at Calcutta on 13th April 2010 and...

![[POCSO Act] Lying Very Close To Minor Victim Amounts To Outraging Modesty But Not Aggravated Sexual Assault If No Overt Sexual Intent: Delhi HC [POCSO Act] Lying Very Close To Minor Victim Amounts To Outraging Modesty But Not Aggravated Sexual Assault If No Overt Sexual Intent: Delhi HC](https://www.livelaw.in/h-upload/2023/03/20/500x300_464453-pocso-act-is-gender-neutral-misleading-to-argue-it-is-gender-based-legislation-and-is-being-misused-delhi-high-court.webp)










