Courts Must Order Psychological Assessment Of Child Only If Necessary; Minimum Intrusion Should Be Norm: Supreme Court

The Court reiterated that children who suffered sexual abuse should not be exposed to processes that may cause secondary victimisation.

Tacit Approval Of Minor Not Consent In Law But Has Bearing On Bail: J&K&L High Court Grants Bail In POCSO Matter

The High Court of Jammu & Kashmir and Ladakh has held that although consent of a prosecutrix is legally irrelevant in offences under the Protection of Children from Sexual Offences Act, 2012, cases involving romantic relationships between young adults where there may have been “tacit approval in fact, though not consent in law” for a sexual relationship are required to be viewed with...

Putting Hand Inside Minor Girl's Pant Amounts To 'Sexual Assault' U/S 7 Of POCSO Act: Orissa High Court

The Orissa High Court has held that the act of an accused putting his hand inside the pant of a minor girl/victim, even without proof of inserting finger into her vagina, amounts to 'sexual assault' within the ambit of Section 7 of the Protection of Children from Sexual Offences Act, 2012 ('the POCSO Act').Affirming the conviction and order of sentence recorded by the trial Court, a Single...

AP High Court Quashes Atrocity FIR, Says Private Monetary Dispute Can't Be Camouflaged As Caste‑Based Offences In Absence Of Ingredients

The Andhra Pradesh High Court has quashed criminal proceedings against a man accused of caste-based abuse under the SC/ST Act and insulting a woman's modesty, holding that the allegations did not disclose the essential ingredients of the offences alleged. The Court noted that the complaint did not allege that the purported caste-based insults were made "within public view" as required under...

'Left Free To Live As Spouses' : Supreme Court Quashes POCSO Conviction After Convict & Victim Marry

The Supreme Court recently set aside a conviction under the Protection of Children from Sexual Offences Act, 2012, after the accused and the victim arrived at a settlement by marrying each other and after the accused offered her compensation.A bench comprising Justice JK Maheshwari and Justice Atul S Chandurkar set aside the conviction invoking its special powers under Article 142 of...

UAPA | Delhi High Court Grants Bail To Activist Khurram Parvez In Alleged Terror Funding Case

The Delhi High Court on Wednesday granted bail to Kashmiri human rights activist Khurram Parvez in an alleged terror funding case registered by the National Investigation Agency (NIA) under UAPA. A division bench comprising Justice Navin Chawla and Justice Ravinder Dudeja allowed Parvez's appeal challenging a trial court order passed on December 17, 2024, denying him bail.The Court said that...

'Preventive Detention Not Sustainable Upon Mere Suspicion': P&H High Court Quashes Detention Under PIT-NDPS Act

The Punjab and Haryana High Court has set aside a preventive detention order passed under the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988 (PIT NDPS Act), on several grounds including that unexplained and inordinate delay at multiple stages vitiated the detention.Justice Vinod S. Bhardwaj said, "Preventive detention would not be sustained upon a...

Cheque Bouncing | Complainant Can't Question Nexus Of Document To Transaction After Denying His Signature, Handwriting On It: Rajasthan HC

While adjudicating a cheque dishonour case, Rajasthan High Court held that once the complainant disputed his/her handwriting and signatures on a particular exhibit, such denial disentitled him/her from contending that the document had no nexus with the transaction involved.The bench of Justice Farjand Ali was hearing a petition challenging the order of the trial court that had...

Madras High Court Directs State To Pay Rs 10 Lakh Compensation To 3 Boys Sexually Assaulted By Father And Uncle

The Madras High Court recently directed the State Government to pay Rs 10 Lakh each as compensation to three minor boys who were victims of sexual assault by their father and paternal uncle. Justice AD Jagadish Chandira took note of the observations made by the Supreme Court in the case of Bhanei Prasad, where the court emphasized compensation in such exceptional circumstances where...

Wrong Batch Numbers On Liquor Bottles Due To Labelling Error Can't Attract Illegal Transport Charge Under Excise Act: HP High Court

The Himachal Pradesh High Court has quashed criminal proceedings against the proprietor of a liquor bottling unit accused of illegally transporting Indian Made Foreign Liquor (IMFL), holding that transportation of 400 cases under a valid permit could not attract prosecution under Section 39 of the Himachal Pradesh Excise Act merely because some bottles bore incorrect batch numbers due to...

Rajasthan High Court Partly Allows Accused's Plea To Summon Document On POCSO Victim's Age, Says No Delay In Filing S.91 CrPC Plea

Rajasthan High Court has partly allowed a POCSO accused's plea challenging a trial court order which had rejected his application under Section 91 CrPC seeking production of the complainant's admission ticket issued by the Community Health Centre to determine her age. The trial court rejected the application on the ground that the cross-examination with regard to the age of the victim has...

Preliminary Assessment Or Problematic Estimation: Section 15 of Juvenile Justice (Care and Protection Of Children) Act, 2015

Seventy nine percent of juveniles in conflict with law apprehended in the year 2023 were in the age group of 16 years to 18 years[1]. This age bracket among the juveniles in conflict with law gains relevance not only due to overarching societal impact of the increased interaction of children with criminal justice system, but also due to the legal dichotomy laid down in The Juvenile Justice (Care and Protection of Children) Act, 2015, wherein juveniles belonging to the age group of 16-18 years...