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Child Safety at Work

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Child Safety at Work

Powered by - Equilibrio Advisory LLP - Assisting in Building Equitable & Safe Spaces

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HomeCourts

Posts in category: Courts

Punjab High Court refuses to treat juvenile as adult in POCSO case

Punjab HC Refuses To Treat Juvenile Booked Under POCSO Act As ‘Adult’ Based On Psyche Assessment Done With 5 Years Delay

29/11/2024
by Child Safety at Work

Facts of the Case The appellant, a juvenile, was involved in a case where he was charged with committing sexual assault against a 4-year-old girl ...

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Supreme Court ruling on POCSO Act sexual assault case

SC held that Sexual assault under the POCSO Act cannot be quashed based on a ‘compromise,’ as it is a crime and not a private matter

08/11/2024
by Child Safety at Work

Facts of the Case The case revolves around a teacher accused of sexual assault on a minor girl in a school. The incident occurred when the teacher ...

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Kerala High Court ruling on principal and teacher crime reporting case

The Kerala High Court ruled that the principal and teacher weren’t guilty of failing to report the crime as the complaint was sent to the police the next day.

18/10/2024
by Child Safety at Work

Detailed Facts of the Case: This Criminal Miscellaneous Case was filed under Section 482 of the Code of Criminal Procedure, seeking to quash the f ...

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Delhi HC discusses teenage love and its categorization under POCSO.

Delhi HC Highlights Teenage Love as a ‘Legal Grey Area’ and questions Its Categorization Under POCSO

11/10/2024
by Child Safety at Work

Facts of the Case: The petitioner sought regular bail in relation to FIR registered at Mundka Police Station for an alleged offence under Section ...

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Kerala High Court ruling on texting a minor without sexual intent under POCSO Act

Texting a Minor Without ‘Sexual Intent’ is not Sexual Harassment under POCSO Act: Kerala High Court

04/10/2024
by Child Safety at Work

Facts of the Case The case arose from a Criminal Miscellaneous Case filed under Section 482 of the Code of Criminal Procedure to quash the FIR and ...

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Supreme Court ruling on child pornography storage under POCSO

Supreme Court held that storage of Child Pornography constitutes an offence under POCSO

27/09/2024
by Child Safety at Work

The Supreme Court overruled a Madras High Court judgment, holding that the mere storage of child pornographic material, even without an intent to tra ...

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Supreme Court Overturns Calcutta High Court's POCSO Ruling on Romantic Cases

“Romantic Cases”- A Non-Existing Category for Dismissing Rape Cases Carved Out by Calcutta HC Under POCSO Act was Set Aside by Supreme Court

13/09/2024
by Child Safety at Work

Introduction: The Supreme Court recently overturned a Calcutta High Court judgment in which a 25-year-old accused was acquitted under the POCSO Ac ...

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Bombay High Court forms committee to ensure child safety in schools

Update on the Badlapur Case: Bombay High Court takes measures to ensure Child Safety in Schools

06/09/2024
by Child Safety at Work

The Bombay High Court, in response to a suo motu PIL regarding the sexual assault of two kindergarten students in Badlapur, Thane, highlighted the ur ...

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Bombay High Court orders SIT probe in Badlapur school POCSO case

Bombay High Court Updates on Badlapur School POCSO matter

30/08/2024
by Child Safety at Work

Facts of the Case In the Badlapur child sexual abuse case, the accused, employed as a school cleaner, was arrested on August 17, 2024, for alleged ...

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Bombay High Court ruling on sexual harassment under POCSO Act

Bombay High Court held that repeatedly following a minor girl and attempting to express love despite her disinterest amounts to sexual harassment under the POCSO Act.

23/08/2024
by Child Safety at Work

Facts of the Case: The case revolves around an incident involving a minor victim who, at the age of 13, was subjected to stalking and sexual haras ...

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Kerala HC ruling on POCSO Act charges

Kerala HC held that typically serious offenses under the POCSO Act cannot be quashed, but it still quashed it on humanitarian grounds where the accused and victim were married with children.

02/08/2024
by Child Safety at Work

Facts of the Case: A Criminal Miscellaneous Case was filed under Section 482 of the Code of Criminal Procedure, 1973, to quash all further proceed ...

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Madhya Pradesh HC 'Shaurya Didi' initiative

The ‘Shaurya Didi’ initiative has been introduced by Madhya Pradesh HC to support survivors of sexual offenses and address Stockholm syndrome through mentorship of female police officers.

02/08/2024
by Child Safety at Work

Facts of the Case: In a case involving a Habeas Corpus petition, a girl was produced before the court by from Police Station Mrigwas, District Gun ...

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Kerala High Court ruling on POCSO Act mandatory reporting

The Kerala HC ruled that under Section 19(1) (mandatory reporting) of the POCSO Act, people must report suspected offences against minors promptly, but legal action will be taken only for intentional failure to do so.

19/07/2024
by Child Safety at Work

Facts of the Case: This case concerns a revision petition filed under Sections 397 and 401 of the Code of Criminal Procedure, challenging an o ...

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Delhi HC Condemns Victim Shaming to Encourage Reporting

“Victim shaming and victim’s family shaming must not be allowed as it will be a deterrent and road block in the real victims reporting offences to the authorities”- Delhi HC

11/07/2024
by Child Safety at Work

Facts: The case involved a child who was victimized within her home by an employee of her father, suffering voyeurism, sexual harassment, and outr ...

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Kerala HC: Proving Abettor’s Intent in POCSO Cases Essential

Intention of Abettor must be demonstrated because mere involvement in POCSO offence insufficient- Kerala HC

11/07/2024
by Child Safety at Work

Facts: The petitioner was the second accused in a matter pending before the Fast Track Special Court. He filed application seeking discharge from ...

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Punjab & Haryana High Court - 28th June 2024

The Punjab & Haryana HC upheld the conviction under the POCSO Act, ruling that a seven-day delay in filing the FIR is not detrimental to the case.

28/06/2024
by Child Safety at Work

Introduction: An appeal against the conviction of the appellant for sexual assault against a 12-year-old girl under the Protection of Children fro ...

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Meghalaya High Court - Child Safety at Work Judgment Featured Img

“Seriousness & Nature of Offense Has to Be Considered” : The Meghalaya High Court denied bail in a POCSO case due to the seriousness of the offense, despite trial delays.

21/06/2024
by Child Safety at Work

Introduction In this instance, the accused/petitioner requests bail following their apprehension on charges of molesting a minor. The petitioner c ...

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POCSO Act cannot be quashed on the ground of compromise

Offence under POCSO Act cannot be quashed on the ground of compromise between the parties: Allahabad High Court

15/05/2024
by Child Safety at Work

Background of the case The Petitioner (Accused) filed an application under Section 482 CrPC to quash the proceedings pending against him under the ...

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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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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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