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2 clusters · 7 sources · 11 days · First seen · Last updated

Indian judicial rulings on POCSO Act application

Overview

Indian High Courts have issued several rulings clarifying the application and procedural aspects of the Protection of Children from Sexual Offences (POCSO) Act.

In one decision, the Delhi High Court ruled that marriage recognized under Muslim personal law does not provide immunity from criminal prosecution under the POCSO Act or the Bharatiya Nyaya Sanhita (BNS) if the individual is under 18. The court observed that “marriage does not advance a child’s age” and emphasized that statutory protections cannot be bypassed by personal law exceptions.

Subsequent rulings have addressed bail and administrative procedures. The Delhi High Court granted bail to a man accused of kidnapping and assaulting a minor, citing a prior romantic relationship and the length of time the applicant had spent in custody. Meanwhile, the Rajasthan High Court criticized the “lethargic attitude” of authorities regarding the service of bail notices to victims' guardians, directing law officials to ensure proper notification processes to prevent delays in adjudication.

Entities

Delhi High Court · Rajasthan High Court · Bharatiya Nyaya Sanhita · Justice Sandeep Shah · Sanjeev Narula

Timeline

  1. [CRIME] 3 sources
    Indian High Courts issue rulings on POCSO Act bail procedures

    Indian High Courts in Delhi and Rajasthan have issued rulings on POCSO Act bail applications, addressing romantic relationships in cases and procedural delays in notifying victims' guardians.

  2. [POLITICS] 4 sources
    Delhi High Court rules personal law cannot override POCSO protections for minors

    The Delhi High Court ruled that Muslim personal law cannot provide immunity from POCSO or BNS prosecution for sexual intercourse with a wife under 18, stating marriage does not advance a child's age.

Sources

barandbench.com · bhaskarlive.in · deccanchronicle.com · desitalkchicago.com · latestly.com · lawchakra.in · liveLaw.in