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HomePOCSO

Posts in category: POCSO

POCSO Act will prevail over Muslim law

Provisions of POCSO Act have an overriding effect on the provisions of any such law to the extent of inconsistency: Punjab & Haryana High Court

26/04/2024
by Child Safety at Work

The Punjab & Haryana High court while hearing anticipatory plea of a Muslim man, booked under Sections 363 and 366-A of the IPC for allegedly kid ...

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Kerala HC denied bail under pocso

Kerala HC denied bail application to an Accused who offered money and lured a 13-year-old boy to engage in indecent act

25/04/2024
by Child Safety at Work

Facts: Recently, on 5th January 2024, the Kerala High Court considered an application for regular bail filed by the accused under Section 439 of t ...

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Age Of Victim In POCSO Cases

Guidelines To Determine Age Of Victim In POCSO Cases Issued By Allahabad HC

19/04/2024
by Child Safety at Work

Facts: On 17th April 2024 the Allahabad High Court released extensive directions regarding the inconsistent methods used to determine the victim' ...

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School Bullying

Dissecting the trend of School Bullying from an Intersectional lens

22/03/2024
by Child Safety at Work

In a world where every child should feel safe and supported in their educational journey, the tragic reality of bullying continues to haunt communiti ...

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Child witnesses must be protected

Child witnesses must be protected from tutoring and influence to maintain fairness of a trial: Delhi High Court

22/03/2024
by Child Safety at Work

Introduction A stepfather was found guilty in 2015 of sexually abusing and raping his young daughter in 2014, but the Delhi High Court cleared him ...

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Child can be an offender of sexual offenses

A child can be an offender of sexual offenses as defined in the POCSO Act but will not be tried in ordinary court: Kerala High Court

20/03/2024
by Child Safety at Work

Introduction In X v. The state of Kerala, The Kerala High Court held that anyone can be charged under the Protection of Children from Sexual Offen ...

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Transgender Person Sentenced to Death for Infant's Rape

A Transgender Person Sentenced to Death for Infant’s Rape and Murder in Mumbai

01/03/2024
by Child Safety at Work

Overview: On February 27, 2024, a Mumbai court sentenced a transgender individual to death for the rape and murder of a three-month-old girl. The ...

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Penetrative Sexual Assault under

Mere Touching of Private Parts with Sexual Intent Constitutes Penetrative Sexual Assault under Section 4 of POCSO- Bombay HC

02/02/2024
by Child Safety at Work

Introduction: The Bombay High Court, in X vs State of Maharashtra (Criminal Bail Application No.1207 of 2022), denied bail to a man accused of sex ...

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Acquittal In POCSO Case

Lack Of Direct and Consistent Witness Testimony Resulted In Acquittal In A POCSO Case – Patna HC

02/02/2024
by Child Safety at Work

Introduction: The Patna High Court in X vs State of Bihar (Criminal Appeal No.- (DB) 229 of 2023) has overturned a judgment of conviction and orde ...

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Watching Child Pornography is Not an Offence

Merely Watching Child Pornography is Not an Offence under POCSO Act- Madras High Court

25/01/2024
by Child Safety at Work

Introduction: S. Harish vs. Inspector of Police and Anr. (CRL.O.P. No. 37 of 2024 and Crl.M.P. No. 79 of 2024) was decided on 11th January 2024. The ...

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Sex Education

HISTORY AND EVOLUTION OF SEX EDUCATION 

25/01/2024
by Child Safety at Work

Introduction  Sex education, in the past, had been disseminated to help shape adolescents’ life choices. This is now transforming; it has now ...

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bail in 13 yrs old rape case

In a rape case of a 13-year-old, Bombay HC grants bail to the accused asserting that accused’s relationship as attraction, not assault driven by lust

19/01/2024
by Child Safety at Work

Introduction: X v. State of Maharashtra (Criminal Application (BA) No. 718 of 2023) involves an application for bail under Section 439 of the Code of ...

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Minor Rape Victim to Terminate her Pregnancy

Punjab & Haryana HC Allows Minor Rape Victim to Terminate her Pregnancy

19/01/2024
by Child Safety at Work

Introduction: The X v. State of Punjab & Ors. (CWP-29383-2023) is a petition that involves a writ petition filed in the Punjab and Haryana High C ...

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Child Sexual Abuse

Preventing Child Sexual Abuse: What Can We Do as a Society?

19/01/2024
by Child Safety at Work

When a person purposely causes physical, verbal, psychological, harm to a child with sexual intention then it is called as child sexual abuse. In the ...

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Consistently contacting a child amounts to sexual assualt

Consistently following and contacting a child either directly or through electronic means will amount to sexual assault – Jharkhand HC

12/01/2024
by Child Safety at Work

Introduction: X v. The State of Jharkhand & Anr (Cr. Revision No.663 of 2022) is a criminal revision pertaining to Petitioner (X) challenging the ...

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Safe Workplace for Children

Creating a Safe Workplace for Children: Tips for Employers

12/01/2024
by Child Safety at Work

Introduction: Ensuring a safe working environment for all employees is a top priority for employers and HR professionals in a hectic modern workpl ...

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AI generated child sexual abuse

AI generated child sexual abuse material and the POCSO Act

05/01/2024
by Child Safety at Work

Introduction: A sub-set of a larger discourse on Ethics and AI is AI generated child sexual abuse material. There is a disturbing but growing tren ...

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HC Urges UIDAI Official for Aadhar Verification

Summoning UIDAI Official to Verify Aadhar Card is a Fair Trial Imperative says Punjab & Haryana HC in a POCSO case.

05/01/2024
by Child Safety at Work

Introduction: In X vs State of Haryana and others (CRM M-17864 of 2021) Petitioner sought directions under Section 482 Cr.P.C. to summon a UIDAI (Uni ...

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Delhi HC Victim Statements Inconsistencies

Minor inconsistencies in the victim’s statements are deemed natural, not fatal to the case especially when victim supported the prosecution’s case on all major aspects.- Delhi HC

14/12/2023
by Child Safety at Work

Introduction: In X  v. Government of NCT of Delhi & Anr., CRL.A. 332/2023, the appellant filed an appeal to dismiss the conviction where he ...

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Ossification Test Criteria

Bombay HC Affirms Ossification Test Criteria for Age Determination in POCSO Cases

14/12/2023
by Child Safety at Work

Introduction: The case revolves around an appeal challenging the conviction of the accused under the POCSO Act. The Bombay HC delves into the signifi ...

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Children's Plight in Haryana

The Punjab and Haryana High Court calls for accountability regarding toilet facilities, sexual harassment, and the plight of children in Haryana’s schools.

30/11/2023
by Child Safety at Work

Introduction: The judgment pertains Amarjeet and Others v/s State of Haryana and Others (CWP-23384-2017 (O&M)) The court takes note of significan ...

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Child sexual abuse is the social exploitation and victimization of a child by an adult, adolescent, or another child. Compared to adults, children find it much more difficult to disclose abuse due to several reasons. An offender can be a child’s known or total stranger. Statistics from the Report of the National Crime Records Bureau (NCRB) suggest that in 80-90% of the cases, the offender is ‘known’ to the victim. ...
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