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Protection of Children from Sexual Offences Act, 2012 – Section 39 – Protection to victims – Appointment of support persons – A support person is to provide information, emotional and psychological support, and practical assistance which are often crucial to the recovery of the child
Bysclaw
Aug 27, 2023
By sclaw
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Protection of Children from Sexual Offences Act, 2012 — Section 4 — Section 376 (3) IPC — Rape — Conviction upheld — Evidence of victim’s mother and medical evidence — Reliability of victim’s mother’s testimony confirmed despite lengthy cross-examination, finding it natural and trustworthy and corroborated by other witnesses and medical evidence — Medical evidence, though partially presented by defense, conclusively supported sexual assault, citing perineal tear and abrasions around anus
Jun 29, 2025
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Protection of Children from Sexual Offences Act, 2012 — Section 15 — Scope of Section 15 — The court clarified that Section 15 of the POCSO Act criminalizes the storage or possession of any child pornographic material involving a child, regardless of whether the accused has the intention to share or transmit the material. The court further distinguished between the three distinct offences punishable under Section 15(1), (2), and (3) of the POCSO Act. Information Technology Act, 2000 — Section 67B — Scope of Section 67B — The court held that Section 67B of the IT Act criminalizes the publication, transmission, or creation of any material depicting children in sexually explicit acts or conduct — The court clarified that the act of merely viewing or downloading child pornography, without any intention to publish, transmit, or create such material, does not fall within the purview of Section 67B of the IT Act.
Sep 29, 2024
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Penal Code, 1860 (IPC) – Sections 376(i) and 342 – Protection of Children from Sexual Offences Act, 2012 – Sections 4, 5, 6, 7, 8 and 14(3)– The appeal involves a Child in Conflict with Law (CCL) challenging the High Court’s order which set aside the Juvenile Justice Board’s decision and directed the trial to be conducted by the Children’s Court – The core issue is whether the CCL should be tried as a juvenile by the Board or as an adult by the Children’s Court, based on the preliminary assessment reports – The CCL’s counsel argued against the practice of passing orders without detailed reasons, the legality of the orders passed by the Board, and the deprivation of the CCL’s right to appeal – The State’s counsel contended that the Children’s Court can reconsider the Board’s decision and that the time limit for preliminary assessment under the Act is not mandatory – The judgment discusses the relevant provisions of the Juvenile Justice Act, the mandatory or directory nature of the time period for preliminary assessment, and the exercise of revisional power by the High Court – The Court examines the procedural anomalies in the Act, the validity of the Board’s orders, and the remedy of appeal available to the appellant – The reasoning includes interpretation of the Act’s provisions, the role of the Board and the Children’s Court, and the application of the rules for preliminary assessment – The Court concludes with directions and reliefs based on the analysis of the arguments and legal provisions involved.
May 12, 2024
sclaw