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Aug 01 2023

Kerala State Legal Services Authority, vs State of Kerala,

Court : Kerala

Decided on : Aug-01-2023

Section 11, read with Section 12 of the Protection of Children from Sexual Offences Act, 2012 (for short, the POCSO Act), apart from the offences under the Indian Penal Code (for short, the IPC). Section 11 of the POCSO … to the definition of the terms ‘injury’ and ‘sexual assault victims’ in Clauses (d) and (g), respectively, in Chapter II of the Amended Scheme, the learned Amicus Curiae submitted that the victim in both the cases qualifies … in criminal law in Hari Singh v. Sukhbir Singh and Others [(1988) 4 SCC 551], it was felt that the principles of compensation to crime

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Dec 09 2016

Gaya Prasad Pal @ Mukesh vs.state

Court : Delhi

Decided on : Dec-09-2016

Subject : Land Acquisition

the punishment it was awarding, further directed as under :-"―COMPENSATION U/SEC. 7 POCSO RULES, 2012 Section 33(8) of POCSO Act, 2012 provides that in appropriate cases, compensation may be prescribed to the child. Rule 7(2) of POCSO Rules, 2012 … 376 and 506 of Indian Penal Code, 1860 (IPC) read with Sections 4 and 5 of POCSO Act. The trial judge by proceedings recorded on … contextually read mutatis mutandis. It not only brought on the statute book certain new offences (second to fourth chapters) but also contains detailed provisions on the subjects of “procedure for reporting of cases” (fifth chapter), “procedures for

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Jul 21 2017

Ms. Eera Through Dr. Manjula Krippendorf Vs. State (Govt. Of Nct of De ...

Court : Supreme Court of India

Decided on : Jul-21-2017

Subject : Education

pertains to interpretation of Section 2(d) of the Protection of Children from Sexual Offences Act, 2012 (for short, “the POCSO Act”), and the primary argument of the learned counsel for the appellant is that the definition in Section 2(d) … laying stress on capacity to understand the nature and consequence of the act. She has also referred to Chapter XXV of the CrPC that enumerates the provisions as to the accused persons of unsound mind. 10. Learned … the same, the victim through her mother, filed a petition under Section 482 of the Code of Criminal Procedure (CrPC) before the High Court of

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Aug 04 2018

Court on Its Own Motion vs.state

Court : Delhi

Decided on : Aug-04-2018

Subject : Education

in behaviour. In such a situation, when the child finally discloses abuse, and a report is filed under the POCSO Act, 2012 more information will have to be gathered so that the child‟s statement may be recorded. Information so obtained … would show that after prescribing the procedure and powers of the Special Courts and recording of evidence in Chapter VII of the enactment, the legislature has in Chapter IX incorporated “miscellaneous provisions”. Section 39 thereto deserves to … Complex, Kingsway Camp, Delhi. Criminal Reference No.2 of 2016 Page 1 of 40 Inasmuch as the issues which require to be considered are succinctly set

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Aug 16 2023

XXX vs State of Kerala

Court : Kerala

Decided on : Aug-16-2023

376 of IPC, Sections 3(b), 4, 5 (i) r/w 6 of the Protection of Children from Sexual Offences Act, 2012 (for short, POCSO Act) and Section 75 of the Juvenile Justice-:4:-(Care and Protection of Children) Act (for short, … Sessions Judge convicted and sentenced the accused under Sections 3(b) r/w 4 and 5 (i) r/w 6 of the POCSO Act and Section 75 of the JJ Act. Apart from the substantive sentence, a total fine amount of `75,000/- … recommendation from the Court. The learned Amicus Curiae submitted that Clause 14(b), Chapter II of the Kerala Victim Compensation Scheme, 2017 amended in 2021 enables

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Aug 16 2023

XXX vs State of Kerala

Court : Kerala

Decided on : Aug-16-2023

376 of IPC, Sections 3(b), 4, 5 (i) r/w 6 of the Protection of Children from Sexual Offences Act, 2012 (for short, POCSO Act) and Section 75 of the Juvenile Justice-:4:-(Care and Protection of Children) Act (for short, … Sessions Judge convicted and sentenced the accused under Sections 3(b) r/w 4 and 5 (i) r/w 6 of the POCSO Act and Section 75 of the JJ Act. Apart from the substantive sentence, a total fine amount of `75,000/- … recommendation from the Court. The learned Amicus Curiae submitted that Clause 14(b), Chapter II of the Kerala Victim Compensation Scheme, 2017 amended in 2021 enables

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Apr 06 2023

Yallappa Vs. The State Of Karnataka

Court : Karnataka Kalaburagi

Decided on : Apr-06-2023

Subject : Criminal

Protection of Children from Sexual Offences Act, 2012 (for short `POCSO Act’).-. 4 - NC:2023. KHC-K:3808 CRL.A No.200069 of 2020 C/W CRL.RC.NO.200001 of 2020 2. … fine, he shall undergo rigorous imprisonment for a period of two years. Further acting under section 33(8) of the POCSO Act, 2012 and according to the guideline NO.12 of NALSA’s compensation Scheme for Women Victims/Survivors of Sexual Assault/Other Crimes, 2018, … for life and fine and now as per the amendment capital punishment.15. The offence of rape occurs in Chapter-XVI of IPC. It is an offence affecting the human body. In that Chapter, there is a separate heading

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Sep 27 2023

XXX vs State of Kerala

Court : Kerala

Decided on : Sep-27-2023

r/w 10, 9(k) r/w 10, 9(l) r/w 10, 9(m) r/w 10, 9(p) r/w 10, 11(iii) r/w 12 of the POCSO Act, 2012 and Section 75 of JJ Act. Therefore, this point is found against the petitioner.”5. The order in Crl.M.P … the opinion that there is "ground for presuming" that the Accused has committed the offence triable under the chapter, he is required by Section 240 to frame in writing a charge against the Accused. Theorder for the … of that offence.”13. In State of Maharashtra v. Som Nath Thapa [(1996) 4 SCC 659], while dealing with the question of framing charge or discharge

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Jun 03 2024

Manikandan vs State of Krerala

Court : Kerala

Decided on : Jun-03-2024

34 of Indian Penal Code (`IPC’ for short) and under Section 3 r/w Sections 4 and 11(iv) of PoCSO Act, 2012 and under Section 3(2)(v) and 3(2)Va of SC/ST Crl.M.C.No.3982/2022-G 15(POA) Act, which led to the registration of crime … Court or Court of Session may direct that any person who has been released on bail under this Chapter be arrested and commit him to custody. "8. In the instant case, the petitioner has been continuing inthe

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Oct 11 2017

Independent Thought Vs. Union of India

Court : Supreme Court of India

Decided on : Oct-11-2017

Subject : Land Acquisition

from Sexual Offences Act, 2012 (POCSO) 38. The Protection of Children from Sexual Offences Act, 2012 (for short ‘the POCSO Act’) is an important statute for the purposes of our discussion. Page 24 W.P. (C) No.382 of 2013 The … 2017. W.P. (C) No.382 of 2013 Page 10 12. This refers to the consequences of child marriage in Chapter 5. Broadly, it is stated :“Child marriage is not only a violation of human rights, but is also … is that since the Child Marriage W.P. (C) No.382 of 2013 Page 4 Restraint Act, 1929 prohibits the marriage of a girl below 18 years

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