Indian judicial rulings on POCSO Act applications

Overview

Indian courts have issued rulings regarding the application of the Protection of Children from Sexual Offences (POCSO) Act in cases where the prosecution failed to establish specific criminal intent or sufficient evidence.

In one instance, the Madras High Court acquitted a man previously sentenced to death for the alleged sexual assault of five children. The court noted that the prosecution failed to prove charges beyond reasonable doubt and observed that “draconian statutory provisions can be weaponised” to settle private scores.

Separately, the Supreme Court of India quashed proceedings against a West Bengal teacher charged under the Act. While the court acknowledged the teacher’s physical discipline of students was “inappropriate and insensitive,” it ruled the actions did not constitute “aggravated sexual assault” due to a lack of sexual intent. The bench noted that such allegations can act “like a death knell” for a professional career.

Entities

Calcutta High Court · Supreme Court of India · Madras High Court · Sivaganga · Protection of Children from Sexual Offences Act

Timeline

1 day ago

[POLITICS] 2 sources
Supreme Court quashes POCSO case against West Bengal teacher
The Supreme Court of India quashed a POCSO Act case against a West Bengal teacher, ruling that corporal punishment without proven sexual intent does not constitute aggravated sexual assault.
3 days ago

[CRIME] 2 sources
Madras High Court acquits man sentenced to death in POCSO case
The Madras High Court acquitted a man sentenced to death in a POCSO case, citing a failure by the prosecution to prove charges beyond reasonable doubt.

Sources

dtnext.in · lawchakra.in · liveLaw.in · odishabytes.com