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Kerala State Legal Services Authority, vs State of Kerala,
Kerala
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
Tag this Judgment! AI Brief & AskGaya Prasad Pal @ Mukesh vs.state
Delhi
Dec-09-2016
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
Tag this Judgment! AI Brief & AskMs. Eera Through Dr. Manjula Krippendorf Vs. State (Govt. Of Nct of De ...
Supreme Court of India
Jul-21-2017
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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Court on Its Own Motion vs.state
Delhi
Aug-04-2018
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
Tag this Judgment! AI Brief & AskXXX vs State of Kerala
Kerala
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
Tag this Judgment! AI Brief & AskXXX vs State of Kerala
Kerala
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
Tag this Judgment! AI Brief & AskYallappa Vs. The State Of Karnataka
Karnataka Kalaburagi
Apr-06-2023
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
Tag this Judgment! AI Brief & AskXXX vs State of Kerala
Kerala
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
Tag this Judgment! AI Brief & AskManikandan vs State of Krerala
Kerala
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
Tag this Judgment! AI Brief & AskIndependent Thought Vs. Union of India
Supreme Court of India
Oct-11-2017
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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