Protection of Children from Sexual Offences Act, 2012, Section 28 -- Establishment of Ad-hoc POCSO Courts - Ad-hoc POCSO Courts are being established on temporary basis and should be at places most convenient to litigants and public...........
Criminal Procedure Code, 1973, Section 438, Protection of Children from Sexual Offences Act, 2012, Section 28 -- Anticipatory bail - Offence under POCSO Act - Special Court designated u/s 28 of POCSO Act alone is empowered to exercise power u/s 438 Cr.P.C - Sessions Court cannot entertain application filed u/s 438 Cr.P.C...........
Criminal Procedure Code, 1973, Section 438, Protection of Children from Sexual Offences Act, 2012, Section 28 -- Pre arrest bail before registering FIR - Only the Special Court designated under POCSO Act can entertain application and regular Sessions Court cannot exercise power u/s 438 of the Code...........
Indian Penal Code, 1860, Section 376(2)(f), 342, Protection of Children from Sexual Offences Act, 2012, Section 3, 4 -- Rape - Penetrative sexual assault - Evidence of victim that accused inserted his male organ in the victim's pudendum and pushed himself to penetrate would constitute rape u/s 375 IPC as well as Penetrative Sexual Assault as contemplated u/s 3 of POCSO..........
Indian Penal Code, 1860, Section 366A, Protection of Children from Sexual Offences Act, 2012, Section 4, Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Offence u/s 366-A IPC and S.4 of POCSO Act - Sister of informant left her home at her own will and married with son of petitioners - There being an infant baby born out of wedlock and her desire to live..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 363, Protection of Children from Sexual Offences Act, 2012, Section 7, 8 -- Anticipatory bail - Offence u/s 363 IPC and Ss.7, 8 of POCSO Act - Alleged victim who claims to be girlfriend of accused has not made any allegation of kidnapping against him - There are also no ingredients of Ss.7, 8 of..........
Indian Penal Code, 1860, Section 354A, 354D, 323, 504, 506, Protection of Children from Sexual Offences Act, 2012, Section 7, 8 -- Offence u/ss 354-A, 354-D, 323, 504, 506 IPC and Ss.7, 8 of POCSO Act - Victim herself stated that some accident took place and that led to some altercation between parties, due to which parents of victim lodged report - This generates doubt..........
Criminal Procedure Code, 1973, Section 156(3), Protection of Children from Sexual Offences Act, 2012, Section 33 -- Direction for investigation - Special Judge under POCSO Act may order investigation u/s 156(3) Cr.P.C, since special judge has jurisdiction to take cognizance u/s 33 of POCSO Act...........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 354, 354A, 384, 120B, Protection of Children from Sexual Offences Act, 2012, Section 8 -- Anticipatory bail - Offence u/ss 354, 354-A, 384, 120-B IPC and S.8 of POCSO Act - Victim was 13 years old at the time of incident and she herself registered the FIR at the age of 16 - Accused including..........
Protection of Children from Sexual Offences Act, 2012, Section 3 -- Penetrative sexual assault - Penetration of male genital organ within labia majora or vulva, with or without any emission of semen or even an attempt at penetration into private part of victim completely, partially or slightly would make out offence of penetrative sexual assault under POCSO Act as well...........
