Non-Mentioning Of Specific POCSO Provision Wasn't Material : Supreme Court Affirms Conviction

The Supreme Court has held that the failure of a trial court or a High Court to specifically mention sub-section (2) of Section 4 of the Protection of Children from Sexual Offences (POCSO) Act while convicting an accused did not vitiate the conviction or sentence, as the facts of the case clearly attract that provision..A bench of Justice Prashant Kumar Mishra and Justice Shree...

How Juvenile Justice Boards Should Conduct Preliminary Assessment Under S.15? Supreme Court Issues Guidelines

The Supreme Court has issued guidelines as to what factors should be considered by the Juvenile Justice Board while conducting preliminary assessment under Section 15 of the Juvenile Justice (Care and Protection of Children) Act, 2015. A bench of Justice JB Pardiwala and Justice Ujjal Bhuyan issued these guidelines while dismissing an appeal challenging the Patna High Court's ruling which...

'Best Left Ignored': Kerala High Court Refuses Contempt Action Against Lawyer Who Said Judge Made Unnecessary Comments For Popularity

The Kerala High Court recently refused to take contempt action against a lawyer, who participated in a channel discussion and said that a judge made unnecessary comments to attract media attention and to become popular. [2026 LiveLaw (Ker) 396]The Division Bench of Justice Raja Vijayaraghavan V. and Justice K.V. Jayakumar observed:“On going through the objectionable statement, what we find...

Prosecution Can't Continue If Drug Inspector's Delay Defeats Accused's Right To Re-Test Sample: J&K&L High Court

The High Court of Jammu & Kashmir and Ladakh has held that where the acts and omissions of a Drugs Inspector deprive an accused of the valuable statutory right to seek re-testing of a drug sample and adduce evidence in controversion of the Government Analyst's report under Section 25(3) of the Drugs and Cosmetics Act, 1940, continuation of the prosecution would amount to an abuse of...

Allegation Of Child Marriage Doesn't Empower Divorce Court To Direct POCSO FIR: Calcutta High Court

The Calcutta High Court has held that a court hearing a petition for divorce by mutual consent under Section 13B of the Hindu Marriage Act, 1955 cannot travel beyond the limited scope of the proceedings to direct registration of a criminal case under the Protection of Children from Sexual Offences (POCSO) Act.A Division Bench of Justice Sabyasachi Bhattacharyya and Justice Supratim...

S. 50 NDPS Act Applies Only To Personal Search, Not When Recovery Is From Articles Carried By Accused : Supreme Court

The Supreme Court on Tuesday (July 21) observed that the protection under Section 50 of the Narcotic Drugs and Psychotropic Substances Act, 1985, to be searched in the presence of a Gazetted Officer or a Magistrate, would be available during the personal search of an accused and doesn't extend to searches when the accused was carrying a bag, container, or any other object. “The...

JJ Act - Murder Is 'Heinous Offence', Not 'Serious Offence'; S 302 IPC Implies Minimum Life Sentence: Supreme Court

The Supreme Court has held that the offence of murder punishable under Section 302 of the Indian Penal Code (now Section 103(1) of the Bharatiya Nyaya Sanhita) is a "heinous offence" under the Juvenile Justice (Care and Protection of Children) Act, 2015, ruling that imprisonment for life constitutes its implied minimum punishment even though the provision does not expressly prescribe...

ED Free To Act If Illegality Found During Probe Into Disproportionate Assets Complaint Against Rahul Gandhi: Allahabad High Court

The Allahabad High Court on Monday observed that the Enforcement Directorate (ED) is not helpless and may proceed strictly in accordance with the law if its probe into a complaint alleging 'disproportionate assets' against Leader of Opposition Rahul Gandhi reveals any "misdeed or illegal act".Simultaneously, observing that the affidavit filed by the Central Bureau of Investigation (CBI)...

Failure To Communicate Grounds Of Arrest To Uneducated Accused In Understandable Manner Vitiates Arrest: Tripura High Court Grants Bail

The Tripura High Court has granted bail to an accused booked under the Narcotic Drugs and Psychotropic Substances (NDPS) Act after holding that the prosecution failed to establish that the grounds of arrest were effectively communicated to him in a language he understood. The Court Noted that the investigating officer had described the accused as "uneducated" and admitted that he did not...

Touching Child's Chest With Sexual Intent Attracts POCSO Act, 'Chest' And 'Breast' Distinction Immaterial: Kerala High Court

The Kerala High Court has held that an accused grabbing a child's chest with sexual intent would satisfy the requirement of sexual assault prescribed under Section 7 POCSO Act, and that the anatomical different between chest and breast is immaterial. [2026 LiveLaw (Ker) 386]For context, Section 7 states that whoever, with sexual intent, touches the vagina, penis, anus or breast of the child...

Repeatedly Calling Child Victims In POCSO Cases To Relive Trauma Violates Their Right To Life: Madras High Court

The Madras High Court recently observed that a child victim in POCSO cases cannot be called to the court repeatedly and made to relive the trauma. [2026 LiveLaw (Mad) 329] Justice Bharatha Chakravarthy remarked that society does not often understand the mental trauma that a child experiences when subjected to sexual harassment. The court added that though the Protection of Children...

Seized Money Can't Be Retained After Acquittal: Rajasthan High Court Orders Release Of ₹7.35 Lakh In Gambling Case, Seeks I-T Verification

The Rajasthan High Court has held that once a party stands acquitted in a gambling case, based on withdrawal of the criminal case, there is no reason to retain the seized money in the Treasury or in the Government Fund. The bench of Justice Anoop Kumar Dhand thus directed the authorities to release the amount seized from the petitioner, subject to the condition that the petitioner shall...