Supreme Court of India Judgements

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Category: POCSO

POCSO

Protection of Children from Sexual Offences Act, 2012 — Sections 19(1) & 21 — “Knowledge that such an offence has been committed” — Meaning and scope — Held, not confined to direct/personal knowledge of commission of offence based on person’s own senses — Includes awareness founded on receipt of credible information regarding commission of offence punishable under the Act — Where such information is received directly from the victim, capable of communicating/reporting/informing, the same is deemed credible — Restrictive construction confining “knowledge” to direct, sensory knowledge would render sub-sections (5) & (6) of S. 19 and R. 4 of POCSO Rules, 2012 non-functional, and defeat the protective purpose of the Act — Person receiving report from victim not obliged to independently verify or investigate truth of allegation before reporting — Conducting a prior “verification exercise” to ascertain correctness of the child’s complaint, and reporting only if own assessment finds signs of assault, is impermissible and defeats the very purpose of the Act, since it may result in disappearance of evidence and delay —

Jul 12, 2026 sclaw

2026 INSC 675 SUPREME COURT OF INDIA DIVISION BENCH AAA Vs. LINDA SEMA AND OTHERS ( Before : Manoj Misra and K.V. Viswanathan, JJ. ) Criminal Appeal No. ….. of…

POCSO

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…

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Accident

Motor Vehicles Act, 1988 — Sections 165, 166 — Death allegedly caused by murder inside a motor vehicle — Claim for compensation — Requirement of causal link between death and “use” of motor vehicle — Held, mere presence of a motor vehicle in the chain of circumstances leading to death does not attract liability under MVA — Some nexus between the vehicle and the death must be established.

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State Laws

Maharashtra Housing and Area Development Act, 1976 — Section 2(25) — “Occupier” — Scope of definition — The MHAD Act defines only “occupier,” which includes any person liable to pay rent, an owner in occupation, a rent-free tenant, a licensee, or one liable to pay damages for use and occupation — Occupancy is not a statutory tenancy dependent on the owner’s will, and even a person in possession without formal rent liability may claim occupancy status for reallotment purposes.

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Stamp Act

Stamp Act, 1899 — Section 26, proviso — Mining lease — Stamp duty on instrument with indeterminate value — Determinant of stamp duty — Where value of subject-matter is indeterminate at execution, proviso to S.26 specifically governs mining leases, directing that estimated royalty or value of share, as estimated by the Collector where State is lessor, suffices for stamp duty purposes — Proviso held not inconsistent with main provision — actual value of mining lease is ascertainable only once mining operations commence

Jul 25, 2026 sclaw
Service

Service Law — Modified Assured Career Progression Scheme (MACPS) — Grade Pay convergence — Effect on promotions within cadre — Convergence of Grade Pay pursuant to Sixth Central Pay Commission does not obliterate separate identity of promotional posts within a cadre — Promotions carry promotional increments, enhanced running-duty allowances and post-specific benefits, remaining financially meaningful notwithstanding constancy of Grade Pay.

Jul 25, 2026 sclaw