The Protection of Children from Sexual Offences Act, 2012 - a brief overview :
✒️It was enacted on 19th June 2012 and came into force on 14th November 2012, to protect children from offences of sexual assault, sexual harassment and pornography and provide for establishment of Special Courts for trial of such offences and for matters connected therewith or incidental thereto.
✒️Goa Children's Act, 2003, was the only specific piece of child abuse legislation before the Pocso 2012 Act.
Offences under the Act :
▪️ Penetrative Sexual Assault (Section 3).
▪️Aggravated Penetrative Sexual Assault (Section 5).
▪️ Sexual Assault (Section 7).
▪️Aggravated Sexual Assault (Section 9).
▪️ Sexual Harassment of the Child (Section 11).
▪️Use of Child for Pornographic Purposes
(Section 13).
▪️Exploitation of the children in the orphanage in the state of tamil nadu vs union of india 2017 (3) crimes 1 SC
Care and protection
Section 2(14) of the JJ act now purposeful interpretation.
▪️Ossification test determines the age of the girl
Protection home-below age of 18 yrs.
In re bhomkhan vs state of NCT of Delhi and ors 2013 (3) crimes 549 Delhi.
▪️ Kidnapping and rape -13 yrs. old girl bail cannot be granted
In re Santhosh and anr vs state of IOP 2014 (2) crimes 729 (karnt).
▪️Dishonest intention to violate her sexual
In re (name withheld to protect identification of the victim) vs state of Punjab
15.1.2016 P and H HC DB 2016 (163) AIC 802.
▪️Rape and murder: death sentence
In re state of maharastra vs viran gaya rajput and anr 2015 (1) crimes 783 bom.
▪️Victim minor girl on his bed opened her salwar and inserted finger into her private part
In re padam singh vs state of H.P 2016 (2) crimes 401 (H.P).
▪️No illegality or perversity in appreciation of evidence by trail court conviction not liable to interference
Rape of minor girl by her father- life imprisonment
In re heeralal vs state of raj 2017 crLJ 2213-criminal jail appeal- dismissed.
▪️Penetrative sexual assault-sec6
In re shri ashram bapan vs state of raj 2014 (2) crimes 162 raj.
▪️Bail of a juvenile in conflict with law
Section 12 JJ act- not considered- dismissed
In re salman vs state of raj 2015 4 crimes HC 83.
▪️Victim carrying pregnancy will cause mental stress and grave injury
In re pujaben subedar Yadav vs state of Gujarat 2017 crimes HC 596 gujarat.
▪️ Abuse of the children in the circuses
In re bachpan bachao andolan vs UOI 2010 12 SCC 493, 2011 2 SCC cri 504.
▪️ Misuse of section 377 of IPC
In re suresh kumar kousal vs naz foundation and others 2014 AIR SC 563, 2014 cri LJ 784.
▪️Elderly person wrongly behaving with her daughter
In re gopi and Gopinath vs state of IOP-F2 egmore PS criA.153/2016 22.3.2017 madras.
▪️ Remand POCSO
In re- the registrar(judicial) High court judicature at madras 2017 (3) MLJ cri 202.
▪️ 375 exception 2- child below age-18 yrs
In re independent thought vs UOI 2018 cri LJ 3541
“marital rape”: therefore exception 2 of section 375 of IPC,1860 is read down as follows “sexual intercourse or sexual assault by a man with his own wife,the wife not being 18yrs is not a rape”
2019 (1) SCC cri 751 /2019 (2) SCC 513 followed: 2009 (1) SCC cri / 2008 (10) SCC 450.
▪️Disclosure of the name and identity POCSO/IPC recent amendment
In re nipun saxena and anr vs UOI 2019 (1) SCC cri 772/ 2019 2 SCC 703
SC directions 228(A) of IPC offence against women.
▪️In re MS. Eera through Dr.krippender vs state of NCT delhi 2017 AIR SC 3457, 2017 (3) MLJ (cr) 452 , 2018 (2) crimes 99 SC Decided on 21.7.2017- mental age include (or) exclude.
▪️ 2017 3 MLJ Crl. 202
In Re The Registrar (Judicial) High Court, Madras.
▪️2015 (1) Crimes 536 (Mad)
P.Shanmugavel Raj
Vs
State representative by Inspector of Police.
▪️2016 (4) CTC 243
S.Sankara Varman Vs State.
▪️2017 (1) T.N.L.R 721 Mad
Hakkim
Vs
State representative by Inspector of Police, Podanur.
▪️2017 (4) Crimes 339 (Sik)
Shri Arjun Subba alias Saila
Vs
State of Sikkim.
▪️2018 (1) MWN (or) 109 (D.B).
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