Supreme Court of India Judgements

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Category: POCSO

Constitution POCSO

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 sclaw

2024 INSC 716 SUPREME COURT OF INDIA DIVISION BENCH JUST RIGHTS FOR CHILDREN ALLIANCE AND ANOTHER — Appellant Vs. S. HARISH AND OTHERS — Respondent ( Before : Dr. Dhananjaya…

POCSO

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

2024 INSC 387 SUPREME COURT OF INDIA DIVISION BENCH CHILD IN CONFLICT WITH LAW THROUGH HIS MOTHER — Appellant Vs. THE STATE OF KARNATAKA AND ANOTHER — Respondent ( Before…

Acquittal POCSO

Protection of Children from Sexual Offences Act, 2012 – Supreme Court found significant discrepancies and contradictions in the prosecution witnesses’ testimonies, including the victim’s, casting doubt on the prosecution’s version of events – Due to these inconsistencies and lack of corroborative evidence, the Supreme Court acquitted the appellants, setting aside their convictions and sentences – The judgment emphasizes the importance of credible evidence and the consequences of accusations on the lives of individuals, highlighting the need for careful examination of testimonies in sexual harassment cases.

Mar 12, 2024 sclaw

SUPREME COURT OF INDIA FULL BENCH NIRMAL PREMKUMAR AND ANOTHER — Appellant Vs. STATE REP. BY INSPECTOR OF POLICE — Respondent ( Before : Dipankar Datta, K.V. Viswanathan and Sandeep…

POCSO

Accused-appellant also providing for the day-to-day expenses of the victim and her child and therefore, further imprisonment will impact not only his family but also the victim’s – Ends of justice would be met if the period of imprisonment awarded against the accused-appellant is reduced to the period already undergone by him – Conviction u/s. u/S. 3(a) r/w Sec. 4 of the POCSO Act, 2012 is hereby confirmed – Sentence imposed by the Sessions Court and confirmed by the High Court is hereby modified and reduced to the period already undergone – Appeal allowed in part.

Feb 18, 2024 sclaw

SUPREME COURT OF INDIA DIVISION BENCH RAJASEKAR — Appellant Vs. THE STATE REP. BY THE INSPECTOR OF POLICE — Respondent ( Before : Vikram Nath and Satish Chandra Sharma, JJ.…

POCSO

Penal Code, 1860 (IPC) – Sections 363, 366-A, 376(A), 376(2)(i), 376(2)(j), 376(2)(k), 376(2)(m), 302 and 201 – Protection of Children from Sexual Offences Act 2012 – Section 6 – Death sentence – Kidnapping, Rape and Murder of 3 months old girl child – Hurried Trial – Prosecution is based on circumstantial evidence in which the prosecution has to prove each link in the chain of circumstantial evidence and the important chains in the link are DNA report, FSL report and Viscera report – Trial has been conducted on day-to-day basis wherein the accused, who was in jail and defended by a counsel from legal aid, was compelled by the Trial Court to produce defence witness of his own in one day – – There was no opportunity, in the real sense, to the appellant to cross-examine the experts – Death sentence sentence set aside – matter is remitted back to the trial court for de novo trial

Oct 22, 2023 sclaw

SUPREME COURT OF INDIA FULL BENCH NAVEEN @ AJAY — Appellant Vs. THE STATE OF MADHYA PRADESH — Respondent ( Before : B.R. Gavai, Pamidighantam Sri Narasimha and Prashant Kumar…

POCSO

Rape with minor girl – Quantum of sentence – the mitigating circumstances which weigh in favour of the accused must be balanced with the impact of the offence on the victim, her family and society in general – Rights of the accused must be balanced with the effect of the crime on the victim and her family – This is a case which impacts the society – If undue leniency is shown to the respondent in the facts of the case, it will undermine the common man’s confidence in the justice delivery system –

Oct 15, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH STATE OF RAJASTHAN — Appellant Vs. GAUTAM S/O MOHANLAL — Respondent ( Before : Abhay S. Oka and Pankaj Mithal, JJ. ) Criminal Appeal…

POCSO

Protection of Children from Sexual Offences Act, 2012 – Section 5 – Cancellation of bail – Gang-rape of a 15-year-old girl, threat of making video of rape recorded viral and extortion – Accused is the son of sitting MLA would disclose the domineering influence he would wield not only in delaying the proceedings but also in pressurizing the witnesses to either resile from their statement given during the course of investigation or pose threat to them from deposing against accused on their failure to act according to his dictates or induce them to testify as per his dictates or to help the defence of the accused – Bail cancelled – Appeal allowed.

Aug 27, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH BHAGWAN SINGH AND OTHERS — Appellant Vs. DILIP KUMAR @ DEEPU @ DEPAK AND ANOTHER — Respondent ( Before : S. Ravindra Bhat and…

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Constitution Service

Classification of Military casualties and the eligibility for Liberalised Family Pension — Battle Casualty —Illness Caused by Extreme Climatic Conditions as Battle Casualty — The Court establishes that a soldier’s death due to illness resulting from extreme climatic conditions while on duty near a sensitive border area (such as the Line of Control) can be categorized as a ‘Battle Casualty’ — This expands the interpretation of what constitutes a battle casualty under military regulations. – Liberalised Family Pension (LFP) — Application of Category E (f) — The judgment clarifies that deaths occurring in war-like situations, including those near international borders or lines of control due to environmental stresses, fall under clause (f) of category E of the relevant military order — This broadens the scope of eligibility for LFP under such circumstances.

Dec 8, 2024 sclaw
Constitution

Temple Bye Laws — Oachira Parabrahma Temple — Ancient structure without a building or deity, governed by Bye-laws with three-tier elected committees — Appellants, elected Secretary and President, challenged two High Court orders (2020 and 2023) that removed their committee and appointed an unelected one under an Administrative Head, citing violations of the temple’s Bye-laws and customs —Legality of appointing an unelected committee and removing the elected one contrary to the temple’s Bye-laws — Petitioner argues that the High Court overstepped its jurisdiction and violated the temple’s governance structure by appointing an unelected committee and removing the elected one without proper legal basis — The High Court’s actions were necessary for the efficient administration of the temple until a scheme could be framed and new elections held — The Supreme Court modified the High Court orders, appointing a new retired Judge as Administrative Head to conduct fair elections within four months, while directing all parties to cooperate — The Court emphasized the need to preserve temple properties and governance as per established customs and laws — The Supreme Court struck down the High Court’s order appointing an unelected committee, appointed a new Administrative Head to conduct elections, and directed all parties to cooperate, emphasizing the importance of adhering to the temple’s established governance structure and Bye-laws.

Dec 8, 2024 sclaw
Acquittal

Evidence Act, 1872 — Section 27 — Penal Code, 1860 (IPC) — Sections 384, 364, 302 and 201 — Murder — Circumstantial Evidence — The Supreme Court acquitted the appellant of murder charges as the prosecution failed to prove the crucial link of the accused’s disclosure leading to the discovery of skeletal remains under Section 27 and the DNA evidence was also found to be inconclusive due to lack of proper collection of samples. – Proof of Disclosure Statements under Section 27 — Voluntariness and Uninfluenced Nature — The Court reiterates that the information provided by an accused under Section 27 must be voluntary and uninfluenced by threat, duress, or coercion.

Dec 8, 2024 sclaw
Acquittal

Arms Act, 1959 — Sections 25, 54 and 59 — Buttondar knife — Specific Intent Required — The court clarifies that mere possession of a knife covered by a notification like the DAD Notification is not sufficient to constitute an offense under the Arms Act — There must be specific intent to use it for the prohibited purposes such as “manufacture, sale, or possession for sale or test.” – The prosecution must clearly allege and prove the intent of the accused to use the weapon for the specified prohibited purposes — Absence of such allegation in the charge-sheet renders the proceedings defective.

Dec 8, 2024 sclaw