Page 2 - Pocso

Sexual offences now gender neutral, as BNS introduces key changes

The newly enacted Bharatiya Nyaya Sanhita, which replaces the British-era Indian Penal Code, has made sexual offences "gender neutral" for the victim and the perpetrator, according to official documents. "Both boys and girls could get procured for sexual exploitation. The word 'minor girl' in section 366A of the IPC has been replaced with the word 'child' in clause 96 of the BNS to cover both male and female children below the age of 18 years and the offence of procurement has been made punishable," an explanatory note for the new criminal law said. It said Section 366B in the IPC has been made gender neutral by replacing the phrase "importation of girl from a foreign country" with "importation of girl or boy from a foreign country". It has been introduced as clause 141 in the BNS to cover the offence of importing into India any girl under the age of 21 years or any boy under the age of 18 years with the intent that such person will be forced or seduced to illicit sexual acts with .

CID files charge sheet against ex-CM Yediyurappa in Pocso case

The Crime Investigation Department probing molestation charges against former Karnataka Chief Minister B S Yediyurappa on Thursday filed a charge sheet in the special court dealing with POCSO cases. After the Sadashivanagar police here registered a case of molestation in March this year against the BJP stalwart, the Karnataka Director General of Police Alok Mohan had issued an order transferring it to the CID for further investigation. The case was registered based on a complaint by the mother of a 17-year-old girl who alleged that he molested her daughter during a meeting on February two this year, at his residence in Dollars Colony here. Yediyurappa has denied the charge, and said "people would teach a lesson to those indulging in conspiracies against me." The 54-year-old woman, who had leveled the charge against Yediyurappa, died at a private hospital here last month, due to lung cancer. The CID questioned Yediyurappa for about three hours on June 17 in connection with the ...

CID questions former Karnataka CM BS Yediyurappa for 3 hours in POCSO case

The Criminal Investigation Department (CID) questioned former Chief Minister and BJP stalwart B S Yediyurappa for three hours on Monday in connection with a POCSO case registered against him. Yediyurappa appeared before a team of CID, which had summoned him for an inquiry in connection with the case. "He was questioned for three hours," a CID officer said. The Karnataka High Court on Friday restrained the CID from arresting the veteran BJP leader in connection with the March 14 case. According to police, Yediyurappa has been booked under the Protection of Children from Sexual Offences (POCSO) Act, 2012, and Section 354 A (Sexual harassment) of the Indian Penal Code (IPC) based on a complaint by the mother of a 17-year-old girl who alleged that he molested her daughter during a meeting on February two this year, at his residence in Dollars Colony here. Yediyurappa has denied the charge, and said "people would teach a lesson to those indulging in conspiracies against him." The vict

Yediyurappa may be arrested in POCSO case, if necessary: HM Parameshwara

Karnataka Home Minister G Parameshwara on Thursday said the Criminal Investigation Department (CID), probing the Protection of Children from Sexual Offences Act (POCSO) case against former Chief Minister B S Yediyurappa, has issued notice asking him to appear before it for questioning, and he may be arrested if necessary. "Notice has been served procedurally, the charge-sheet has to be filed by June 15. Before that they (CID) will file the charge-sheet. They will have to follow procedure for it. They will have to record his statement and produce him (in court), all these are procedures and the department will do it," he told reporters here. In response to a question, Parameshwara said: "If necessary they will arrest. I can't say (if) it is necessary, CID has to say it. If they feel it is necessary, they will do it." The BJP veteran, who is also a member of the party's parliamentary board, is presently in Delhi, and he is likely to join the probe after he returns, sources close to hi

Victims' false depiction as minor under POCSO abuse of process of court: HC

The Allahabad High Court has directed that in cases of sexual offences against children, police must ensure that a medical report determining the victim's age is drawn up at the outset and is submitted to the court without any delay. The court said discrepancies in the victim's age in POCSO (Protection of Children from Sexual Offences) cases can substantially affect the rights and liberties of the accused. It granted bail to Ghaziabad-resident Aman, alias Vansh, who was lodged in the jail since December 5, 2023 last year in a POCSO case. "False depiction of a victim as a minor in POCSO Act cases is an abuse of the process of court." Justice Ajay Bhanot said on Tuesday. He observed that the victim's age as mentioned in the prosecution case is often found to be at variance with the age determined by the expert medical boards in a large number of cases. "At times there are multiple contradictions in age-related documents available with the prosecution. Numerous cases of false implica

HC notice to Google for blocking account for uploading nude childhood photo

Uploading a nude childhood photo on Google Drive cost a man access to his email account for nearly a year and forced him to knock on the doors of the Gujarat High Court. The high court has issued a notice to Google India Pvt Limited for blocking the email account of the petitioner for "explicit child abuse" after he uploaded on Google Drive a photo of his grandmother bathing him when he was two years old. The court of Justice Vaibhavi D Nanavati on March 15 issued notices to Google, the Central and state governments returnable on March 26. The petitioner, Neel Shukla, a computer engineer, uploaded childhood photographs on Google Drive, including a picture of him being bathed by his grandmother as a toddler. The tech giant blocked Shukla's account in April last year for violating its policy regarding such contents showing "explicit child abuse", his counsel Dipen Desai told the court. Shukla moved the high court on March 12 after the company failed to resolve the issue through its

Ex-Karnataka CM Yediyurappa denies Pocso charges levelled by minor's mother

Yediyurappa said he is not sure if there is any political angle to the matter. The Karnataka Home Minister G Parameshwara echoed a similar view but noted that the case would be handed to the CID

Senior BJP leader, K'taka ex-CM Yediyurappa booked under Pocso Act

Senior BJP leader and former Karnataka Chief Minister B S Yediyurappa has been booked under the POCSO Act based on a complaint by the mother of a 17-year-old survivor, police said here on Friday. The survivor's mother alleged that 81-year-old Yediyurappa sexually assaulted her daughter during a meeting on February 2. According to police, the BJP stalwart has been booked under section 8 of the Protection of Children from Sexual Offence (POCSO) Act and Section 354 A of the Indian Penal Code (IPC). There was no reaction from Yediyurappa or anyone in his family on the complaint lodged against him at the Sadashivanagar police station.

Over 243,000 Pocso cases pending in fast-track courts till Jan 2023: Report

More than 2.43 lakh cases under the POCSO Act were pending in fast-track special courts (FTSCs) as on January 31 this year despite the central government's robust policy and financial commitment, according to a research paper published by an NGO. In 2022, the number of such cases that resulted in conviction remained a mere three per cent nationally, it said. The research paper -- 'Justice Awaits: An Analysis of the Efficacy of Justice Delivery Mechanisms in Cases of Child Sexual Abuse in India' - released by India Child Protection Fund (ICPF) said that even if no new cases are added to the list, the country will need at least nine years to clear this backlog. In some states such as Arunachal Pradesh and Bihar, it could take more than 25 years to bring the pending cases to closure. The findings of the paper cast a huge question mark on the efficacy of the country's judicial system, despite the central government's 2019 landmark decision to set up fast-track special courts to provide

Court to decide on Jan 11 in Pocso case closure against BJP's Brij Bhushan

A Delhi court will pass its order on January 11 on whether to accept the Delhi Police's closure report in a sexual harassment complaint filed by a minor wrestler against former WFI chief and BJP MP Brij Bhushan Sharan Singh. Additional Sessions Judge Chhavi Kapoor, who was scheduled to pass the order on Friday, adjourned the matter, saying the order was not ready. In an in-chamber proceedings held on August 1, the minor wrestler had told the court she was satisfied with Delhi Police's investigation in the case and was not opposed to the closure report it has submitted, public prosecutor Atul Srivastava had said. The Delhi Police had on June 15 filed a report before the court seeking cancellation of the case involving the minor wrestler after her father made a startling claim midway through the probe that he made a false complaint of sexual harassment against Singh to get back at him for perceived injustice to the girl. Police had recommended dropping of Protection of Children from

NCPCR likely to oppose Law Commission's Pocso recommendations: Report

The National Commission for Protection of Child Rights (NCPCR) has also written to UNICEF asking it to withdraw the document

Not advisable to tinker with age of consent under POCSO Act: Law Commission

The Law Commission has advised the government not to tinker with the existing age of consent under the POCSO Act and suggested introducing guided judicial discretion in the matter of sentencing in cases involving tacit approval of children in the 16-18 age bracket. The Law Commission has submitted its report on the age of consent under the Protection of Children from Sexual Offences (POCSO) Act to the Law Ministry in which it has suggested that amendments are needed in the legislation to remedy the situation in cases involving tacit approval, though not consent in law, on the part of children aged between 16 and 18. The current age of consent in India is 18. The panel said that reducing the age of consent will have direct and negative bearing on the fight against child marriage and child trafficking and also advised courts to tread with caution even in cases where it is observed that adolescent love cannot be controlled and criminal intention may be missing.

Law Commission to clear its stand on One nation one election today

Sources privy to the development have informed ANI that 'One Nation One Election' would be beneficial not only in the national interest but would also save a lot of the financial reserves of the govt

13 arrested accused booked under Pocso Act in JU ragging death case

All 13 people arrested in the ragging-death of a 17-year-old undergraduate student of Jadavpur University were booked under POCSO Act, police said. The accused were booked under the Protection of Children from Sexual Offences Act, 2012 (POCSO Act) as the boy was allegedly paraded naked on the second floor of the main hostel before he jumped off the balcony on August 9, they said. The homicide department of the Kolkata Police formed a special investigating team (SIT) to probe the death. "The case will now be investigated by the homicide department of the Kolkata Police. They have already taken over the probe. And since the deceased was a juvenile, we have booked all the 13 arrested accused under the POCSO Act," a police officer said on Friday. The West Bengal Commission for Protection of Child Rights (WBCPCR) had earlier insisted that the accused be booked under POCSO Act. On the night of August 9, the 17-year-old student hailing from Nadia district died after allegedly falling fro

Crimes against children: SC says justice is giving care, support to victims

True justice in cases of crimes against children is achieved not merely by nabbing the culprit or the severity of punishment meted out but by the support and security provided to the victim, the Supreme Court has said. A bench of Justices S Ravindra Bhat and Aravind Kumar made the observation while issuing a slew of directions relating to the appointment of support persons under the POCSO Act. A "support person" means a person assigned by the Child Welfare Committee to render assistance to the child through the process of investigation and trial. "In crimes against children, it is not only the initiating horror or trauma that is deeply scarring; that is aggravated by the lack of support and handholding in the days that follow. "In such crimes, true justice is achieved not merely by nabbing the culprit and bringing him to justice, or the severity of punishment meted out, but the support, care, and security to the victim (or vulnerable witness), as provided by the state and all its .

758 fast track with 412 exclusive POCSO courts across 29 states: Govt data

Rs 71 crore has been rolled out in victim compensation in last 3 years, according to data reported by the Ministry of Women and Child Development

Pocso Act is gender-neutral legislation: Delhi HC rejects 'bias' assertion

The Delhi High Court has said that the POCSO Act is a gender-neutral legislation while rejecting an assertion that the law is being "misused" as it is a "gender based" enactment. Justice Swarana Kanta Sharma took exception to the submission made by an accused under the Protection of Children from Sexual Offences (POCSO) Act seeking to cross-examine the victim again before the trial court, and termed it "insensitive", "inappropriate" and "misleading". The judge said the legislature cannot stop enacting laws nor judiciary can stop applying them only because they can be "misused" as they are enacted to curb offences and get justice to genuine victims. "The contentions of learned counsel for the petitioner in the pleadings as well as during oral arguments that the POCSO Act is a gender based legislation and therefore is being misused is not only inappropriate but misleading too. To say the least, POCSO Act is not gender based and is neutral as far as victim children are concerned," sai

Under a third of sexual harassment cases end up in conviction, shows data

POCSO cases also show few convictions, high pendency

The naked truth: What do Indian laws say about nudity and obscenity?

The law hasn't clearly explained what can or cannot be regarded as obscene; none of its provisions establish a link between nudity and obscenity

Stand by sexual harassment charges on Brij Bhushan: Minor wrestler's father

The father of a 17-year-old wrestler, who levelled sexual harassment charges against WFI chief Brij Bhushan Sharan Singh, on late Sunday asserted that he has not withdrawn the charges