POCSO Archives - Supreme Court of India Judgements

June 18, 2026 9:48 am

Protection of Children from Sexual Offences Act, 2012 (POCSO Act) — Sections 24, 33(5), 36, 39 — Child-sensitive judicial processes — Mandatory safeguards for child victims — Courts must ensure child-friendly procedures, minimum intrusion, and psychological safety, avoiding re-traumatisation and secondary victimisation in all proceedings concerning children, especially those involving allegations of sexual abuse.

Jun 16, 2026 sclaw

2026 INSC 638 SUPREME COURT OF INDIA DIVISION BENCH SHEETAL VASANT THAKUR Vs. CHIRAG ARORA ( Before : Sanjay Karol and Nongmeikapam Kotiswar Singh, JJ. ) Civil Appeal Nos…..of 2026…

POCSO

Protection of Children from Sexual Offences Act, 2012 (POCSO Act) — Sections 5(l), 6, 9(g), 10 — Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) — Sections 65(1), 74, 137(2), 352 — Cancellation of Bail — Allegations of repeated aggravated penetrative sexual assault (gang rape) of a minor victim aged 14, committed under armed threat (katta), and recording the act for blackmail — High Court granting bail set aside by Supreme Court — Bail order found to suffer from serious infirmities as it failed to consider the heinous nature and gravity of the offence, the statutory rigour of the POCSO Act, and prima facie material (victim’s statement and medico-legal report) establishing the commission of the offence — Omission to notice the filing of the chargesheet prior to the bail order rendered the exercise of discretion erroneous. (Paras 4, 8.1, 9, 11, 12, 13, 16)

Jan 11, 2026 sclaw

2026 INSC 44 SUPREME COURT OF INDIA DIVISION BENCH X Vs. THE STATE OF UTTAR PRADESH AND ANOTHER ( Before : B.V. Nagarathna and R. Mahadevan, JJ. ) Criminal Appeal…

POCSO

Protection of Children from Sexual Offences (POCSO) Act, 2012 — Misuse of Law — Judicial Notice — The court acknowledges the recurring concern regarding the misuse of the POCSO Act, particularly in cases involving consensual adolescent relationships where the victim’s age may be manipulated, or the law is weaponized for revenge or to oppose relationships. — While judicial vigilance against misuse is important, the court deferred to the legislature on considering steps to curb the menace, such as introducing a “Romeo-Juliet clause” exempting genuine adolescent relationships or enacting mechanisms to prosecute persons who misuse the law to settle scores. (Paras 19)

Jan 11, 2026 sclaw

2026 INSC 47 SUPREME COURT OF INDIA DIVISION BENCH THE STATE OF UTTAR PRADESH Vs. ANURUDH AND ANOTHER ( Before : Sanjay Karol and Nongmeikapam Kotiswar Singh, JJ. ) Criminal…

POCSO

Goa Children’s Act, 2003 — Section 8(2) and Section 2(m) — Child Abuse — Conviction unsustainable — Accused allegedly casually hit injured child with own son’s school bag — No evidence of deliberate maltreatment, cruelty, exploitation or ill-treatment intended to cause harm — Act exceeded mere incidental quarrel — Medical examination could not rule out possibility of injury from fall — High Court also reduced sentence substantially — Held, conviction for child abuse not made out.

Aug 31, 2025 sclaw

2025 INSC 1041 SUPREME COURT OF INDIA DIVISION BENCH SANTOSH SAHADEV KHAJNEKAR Vs. THE STATE OF GOA ( Before : Sanjay Karol and Sandeep Mehta, JJ. ) Criminal Appeal No(s).…

I P C POCSO

Penal Code, 1860 — Sections 376(2), 450 — Protection of Children from Sexual Offences Act, 2012 — Section 4 — Sexual assault on a minor — Evidence of prosecutrix — Conviction can be based solely on the prosecutrix’s testimony if it inspires confidence — Corroboration of testimony of prosecutrix is not a requirement of law, but a guidance of prudence — Minor contractions or small discrepancies should not be a ground for throwing out the evidence of the prosecutrix.

Aug 9, 2025 sclaw

2025 INSC 929 SUPREME COURT OF INDIA DIVISION BENCH DEEPAK KUMAR SAHU Vs. STATE OF CHHATTISGARH ( Before : Sudhanshu Dhulia and N.V. Anjaria, JJ. ) Criminal Appeal No. …..of…

POCSO

POCSO Act, 2012 and Penal Code, 1860 (IPC) — Offences under — Suspension of sentence — High Court’s refusal to suspend sentence was based on general gravity of offence and complicity of appellant, without applying correct principles for suspension of fixed-term sentences, leading to setting aside of order and remand for fresh consideration.

Aug 9, 2025 sclaw

2025 INSC 944 SUPREME COURT OF INDIA DIVISION BENCH AASIF @ PASHA Vs. THE STATE OF U.P. AND OTHERS ( Before : J.B. Pardiwala and R. Mahadevan, JJ. ) Criminal…

Cr P C POCSO

Protection of Children from Sexual Offences Act, 2012 (POCSO Act) — Sections 3/4(2), 42 — Penal Code, 1860 (IPC) — Section 376(3) — Appeal against suspension of sentence by High Court — Supreme Court held High Court was not justified. Criminal Procedure Code, 1973 (CrPC) — Section 389 — Suspension of Sentence — Scope of — High Court while considering suspension of sentence must adhere to parameters laid down in law — Prima facie satisfaction about chances of acquittal is necessary, not reappreciation of evidence or picking loopholes.

Aug 9, 2025 sclaw

2025 INSC 935 SUPREME COURT OF INDIA DIVISION BENCH JAMNALAL Vs. STATE OF RAJASTHAN AND ANOTHER ( Before : B.V. Nagarathna and K. V. Viswanathan, JJ. ) Criminal Appeal No…of…

POCSO

Protection of Children from Sexual Offences Act, 2012 — Section 6 — Aggravated Penetrative sexual assault — Punishment introduced by 2019 amendment — Retrospective application — Constitution of India — Article 20(1) — Prohibition against ex-post facto laws and enhanced penalty — Offence committed before amended Act came into force — Sentencing under amended provisions violates constitutional bar against imposing greater penalty than that which was permissible at the time of commission of the offence.

Jul 27, 2025 sclaw

2025 INSC 892 SUPREME COURT OF INDIA DIVISION BENCH SATAURAM MANDAVI Vs. THE STATE OF CHHATTISGARH AND ANOTHER ( Before : Vikram Nath and Sandeep Mehta, JJ. ) Criminal Appeal…

POCSO

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 sclaw

SUPREME COURT OF INDIA DIVISION BENCH SHAMBHU YADAV Vs. THE STATE OF BIHAR ( Before : Sandeep Mehta and Prasanna B. Varale, JJ. ) Special Leave Petition (Criminal) No. 9155…

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…

You missed

Service

Constitution of India, 1950 — Art. 16 and 226 — Public Employment — Direct Recruitment — Eligibility Criteria — Workshop Experience — Pendency of workshop renewal applications — Effect on candidates — Where a recruitment notification mandates a minimum of one year of experience in a Government-approved workshop, candidates cannot be prejudiced or disqualified merely because the workshop’s application for renewal of approval was pending with the State authorities during the period they gained experience — Depriving an otherwise eligible candidate of employment due to an administrative “period of eclipse” or delay on the part of state machinery is arbitrary and discriminatory–Ashok Kumar Yadav v. State of Haryana, 1985 INSC 137, relied on; State of Uttar Pradesh v. Atul Kumar Dwivedi, 2022 INSC 24, Distinguished.

Jun 16, 2026 sclaw

RTI

Right to Information Act, 2005 — S. 24(4) — Madhya Pradesh Special Police Establishment Act, 1947 — S. 2(1), S. 3 — “Intelligence and Security Organisation” — Scope and Applicability of Exemption — Jurisdiction of Special Police Establishment (SPE) — The expression “intelligence and security organisations” under Section 24 of the RTI Act implies that the concerned entity must be statutory or institutionally empowered to handle matters of intelligence and national/state security — The Special Police Establishment (SPE) of Madhya Pradesh, established under Section 2(1) of the Act of 1947, is clothed with a limited jurisdiction restricted strictly to investigating offences punishable under the Prevention of Corruption Act, 1988, and select economic/fraud offenses under Sections 409, 420, and Chapter XVIII of the Indian Penal Code — Because neither the Lokayukt nor the SPE handles matters connected to general ‘intelligence’ and ‘security’, the SPE cannot be deemed an “intelligence and security organisation” under Section 24(4) of the RTI Act — Principle of institutional parity cannot be invoked to grant blanket exemptions to a anti-corruption investigation agency.

Jun 16, 2026 sclaw

C P C

Civil Procedure Code, 1908 (CPC) — Section 11, Explanation IV — Constructive Res Judicata — Application of the principle depends on the facts and circumstances of each case, considering the ambit of earlier proceedings and the nexus of the matter to the controversy — It is founded on public policy to prevent multiplicity of proceedings and avoid parties being vexed twice over for the same litigation — Parties are expected to exercise reasonable diligence and bring forward every point that properly belonged to the subject of litigation and which they might and ought to have brought forward — Negligence, inadvertence, or accident in omitting a part of the case does not exempt from its application.

Jun 16, 2026 sclaw

Accident

Motor Vehicles Act, 1988 — Section 165 and 166 — Liability for injuries sustained due to falling tree branch — Injuries caused by falling tree branch while vehicle was stationary under the tree during rain — Held, not an accident “arising out of the use of a motor vehicle” as the motor vehicle did not play an active role. [

Jun 16, 2026 sclaw

Category: POCSO

You missed