Court : Chennai
..... the madras children act, 1920, was repealed after the parliament passed the juvenile justice act, 1986 (central act 53 of 1986), which was repealed by act 56 of 2000 and now, the central act 56 of 2000 has been repealed by the juvenile justice (care and protection of children) act, 2015 (act 2 of 2016) with effect from 01.01.2016. 33. ..... the juvenile justice act is very sympathetic to a juvenile below the age of 16 years, but, while dealing with a juvenile above the age of 16 years as on the date of commission of a heinous offence, the juvenile justice act empowers the juvenile justice board to conduct a preliminary assessment and if it is satisfied that he should be tried before the regular court, de hors the fact that he was a juvenile on the date of commission of the offence, the board can send him to a children's court at the level of a sessions ..... rules 818 and 828 of the tamil nadu prison rules may be relevant and the same read thus: 818 under-trial prisoners exempt from labour: no under-trial prisoner shall be required to labour and nothing in chapter xxiv shall apply to such prisoners. ..... state of west bengal [(2012) 10 scc 489], wherein, the supreme court considered section 7-a of the j.j.act, 2000 and held that the plea of juvenility can be raised at any time and in any stage of the proceedings. .....
Tag this Judgment!Court : Karnataka Dharwad
..... made the following:- order the petitioner is before this court calling in question an order dated 19-01-2017 passed by the principal senior civil judge and cjm, ballari in j.c.no.25 of 2016 for offences punishable under sections 376 and 506 of the ipc r/w section 4 of the protection of children from sexual offices act, 2012 ( pocso act for short). 32. ..... at that point in time, the petitioner has filed the subject writ petition on the ground that the act of the board in sending the petitioner to child court and not trying him as a juvenile is contrary to section 25 of the juvenile justice (care and protection of children) act, 2015 ( the act for short) and is seeking quashment of entire proceedings, which according to the learned counsel for the petitioner ..... on inquiry that a child irrespective of age has committed a petty offence, or a serious offence, or a child below the age of sixteen years has committed a heinous offence, 18[or a child above the age of sixteen years has committed a heinous offence and the board has, after preliminary assessment under section 15, disposed of the matter]. ..... distal ends of radius and ulna consistent with present study vide article a study of wrist ossification for age estimation in paediatric group in central rajasthan by dr ashutosh srivastav, senior demonstrator and a team of other doctors, journal of indian academy of forensic medicine (jiafm), 2004 ..... chapter vi which deals with procedure in relation to the children in need of care and protection .....
Tag this Judgment!Court : Mumbai
..... kharghar police station alleging offences punishable under sections 188, 500, 501, 502 of indian penal code, sections 66a and 66b of the information technology act, 2000 and sections 23(1)(2)(3) (4) of the protection of children from sexual offences act, 2012 is quashed. ..... concerned, it alleges offence punishable under sections 188, 500, 501, 502, 66a and b of the information technology act, 2000 and section 23(1)(2)(3) (4) of the protection of children from sexual offences act, 2012. ..... offence punishable under section 376 of the ipc read with sections 8 and 10 of the protection of children from sexual offences act, 2012 ..... state government may, if it considers it necessary or expedient so to do, for the prevention of and for coping with any offence under this act, or for any case or class or group of cases under this act, in any district or part thereof, confer, by notification in the official gazette, on any officer of the state government, the powers exercisable by a police officer under the code in such district or part thereof or, ..... we think that the legislature would have thoughtfully relieved the court of session from the work of performing all the preliminary formalities which magistrates have to do until the case is committed to the ..... the trial in such a court can be conducted only in the manner provided in chapter xviii of the code which contains a fasciculus of provisions for "trial before a ..... the act has been given overriding effect and by section 23, the central ..... central .....
Tag this Judgment!Court : Supreme Court of India
..... act, 1891, the credit information companies (regulation) act, 2005, the public financial institutions (obligation as to fidelity and secrecy) act, 1983, the payment and settlement systems act, 2007, the income 64 tax act, 1961, the aadhaar (targeted delivery of financial and other subsidies, benefits and services) act, 2016, the census act, 1948, the collection of statistics act, 2008, the juvenile justice (care and protection of children) act, 2015, the protection of children from sexual offences act, 2012 ..... to personal information the disclosure of which has no relationship to any public activity or interest, cause unwarranted invasion of the privacy of the individual unless the central public information officer or the state public information officer or the appellate authority, as is satisfied that the larger public interest the case may be, 110 justifies ..... to enforce the right to personal liberty can at all fall within the mischief of the presidential order even if it mentions articles 19, 20, 21 and 22 because, every preliminary objection by the government to a petition to enforce the right to personal liberty can be effectively answered by contending that what is being enforced is either the natural right ..... 36-37 18 adopted the view that the fundamental rights are not isolated and separate but protect part d a common thread of liberty and freedom: to my mind, the scheme of the chapter dealing with the fundamental rights does not contemplate what is attributed to it, namely, .....
Tag this Judgment!Court : Supreme Court of India
..... ) by which the high court allowed the petition and thereby quashed the chargesheet dated 19.09.2023 filed for the offences punishable under section 67b of the information technology act, 2000 (for short, the it act ) and section 15(1) of the protection of children from sexual offences act, 2012 (for short, the pocso ) arising out of the fir no.03 of 2020, p.s. ..... the protection of children from sexual offences act, 2012 (the said act) has been enacted to protect children from offences of sexual assault, sexual harassment and pornography criminal appeal nos. ..... of nct of delhi reported in (2017) 2 scc18held that chapter xi of the it act, more particularly section(s) 67 through 67b are a complete code in itself when it comes to offences relating to electronic forms of obscene and pornographic material. ..... thus, the critical or central component of any inchoate crime is the preliminary or preparatory actus reus that sufficiently reflects the essence or existence of a criminal intent.85. ..... in the backdrop of the interpretation of the various relevant provisions of the code under chapter xiv and of the principles of law enunciated by this court in a series of decisions relating to the exercise of the extraordinary power under article 226 or the inherent powers under section 482 of the code which we have extracted .....
Tag this Judgment!Court : Supreme Court of India
..... statutes like the prevention of corruption act 1988 and the protection of children from sexual offences act 2012, which mainly provide for punishment of specific offences are 258 also penal statutes. ..... reasonable suspicion (section 169); to screen or x-ray the body of a person for detecting secreted goods (section 170-a); to arrest a person against whom a reasonable suspicion exists that he has been guilty of an offence under the act (section 173); to obtain a search warrant from a magistrate to search any place within the local limits of the jurisdiction of such magistrate (section 172); to collect information by summoning persons to give evidence and produce documents (section 171-a); and to ..... the fact that the enquiry under section 67 of the ndps act is not a judicial 10 enquiry, but only a preliminary fact-finding exercise before a reason to believe is formed under section 42, which could then lead to investigation of an offence under the act. ..... chapter ii of the ndps act enables the central government to take measures for preventing and combating the abuse of narcotic drugs and psychotropic substances and the illicit traffic therein and also empowers the central and/or state government to appoint inter 176 alia a commission, a consultative committee, other authorities and officers for the purposes of the said ..... the expression enquiry under section 67 must be given its ordinary meaning, which would indicate that it is only a preliminary fact-finding enquiry that is referred to. .....
Tag this Judgment!Court : Supreme Court of India
..... , for the offences under sections 395, 397 and 376 d read with the relevant provisions of the protection of children from sexual offences act, 2012 (for short, pocso act ) and for the trial of the case outside the state and also for registering a complaint against the then minister for urban development of the government ..... india.108, a seven member constitution bench of this court, while dealing with a challenge made by the state of karnataka in the form of a civil suit under article 131, to the appointment by the central government, of a commission of enquiry against the chief minister of karnataka, had an occasion to consider the exposition of the words collective 108 (1977) 4 scc608139 responsibility appearing in article 164(2). ..... part v of the constitution providing for matters connected with the union contains five chapters, dealing respectively with, (i) the executive; (ii) parliament; (iii) legislative powers of the president; (iv) the union judiciary; and (v) comptroller and auditor ..... issued notice to the state governments and the lessees of the quarries, a preliminary objection was raised as to the maintainability of the writ petition. ..... the learned attorney general for india submitted a preliminary note containing his submissions question wise, which can be summed up as follows: question no.1 (i) on question no.1 it is his submission that as a matter of constitutional principle, any addition, alteration or change in the norms or criteria for imposition of restrictions .....
Tag this Judgment!Court : Supreme Court of India
..... the pivotal issue that emanates for consideration in these appeals, by special leave, 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) that defines child to mean any person below the age of 18 2 years, should engulf and embrace, in its connotative ..... besides placing substantial reliance on the preliminary medical opinions presented before it, the high court has noted some statutory provisions in the persons with disabilities (equal opportunities, protection of rights and full participation) act, 1995 as well as the national trust for welfare of persons with autism, cerebral palsy, mental retardation and multiple disabilities act, 1999 where the distinction between mental illness and mental retardation has been collapsed. ..... it is, however, becoming increasingly fashionable to start with some theory of what is basic to a provision or a chapter or in a statute or even to our constitution in order to interpret and determine the meaning of a particular provision or rule made to subserve an assumed basic requirement. ..... (1) every state government in co ordination with the central government shall prepare a scheme for providing funds for the purpose of compensation to the victim or his dependents who have suffered loss or injury as a result of the crime and who require rehabilitation. .....
Tag this Judgment!Court : Supreme Court of India
..... ipc be read down qua the lgbt community so as to confine it only to the offence of bestiality and non-consensual acts in view of the fact that with the coming into force of the criminal law (amendment) act, 2013 and the protection of children from sexual offences act, 2012 (pocso act), the scope of sexual assault has been widened to include non peno-vaginal sexual assault and also 21 criminalize non-consensual sexual acts between children thereby plugging important gaps in the law governing ..... to consider the criminalisation of homosexuality and prostitution, in the wake of increased arrests and convictions in the uk for homosexuality between men.336 among those prosecuted for gross indecency under the buggery act of 1553 and sexual offences act of 1967 were eminent persons like oscar wilde, alan turing and lord montagu of beaulieu.337 after conducting a three-year long inquiry, carrying out empirical research, and interviewing ..... the individual should not be deprived of his or her dignity in the final stage of life gives expression to the central expectation of a fading life: control over pain and suffering and the ability to determine the treatment which the ..... . the very purpose of the fundamental rights chapter in the constitution of india is to withdraw the subject of liberty and dignity of the individual and place such subject beyond the reach of majoritarian governments so that constitutional morality can be applied by ..... call it indispensable preliminary condition. .....
Tag this Judgment!Court : Supreme Court of India
..... realization of social goals and furthering the mandate of article 15(3) in respect of children such as the right to free universal education under article 21a of the constitution, and the right to free education act, 2009; the child labour (prohibition and regulation) act, 1986; protection of children from sexual offences act, 2012, the juvenile justice (care and protection) act 2016 (hereafter, jj act ), etc. ..... in shakti vahini (supra), proceedings under article 32 of the constitution were instituted seeking directions (i) to state governments and the central government to initiate steps to combat honour crimes or caste-based or religion- based murder and submit a national plan of action and a state plan of action to curb such crimes; (ii) to direct state governments to constitute ..... or after the commencement of this act, other than a marriage solemnized under the special marriage act, 1872 (3 of 1872), or under this act, may be registered under this chapter by a marriage officer in the territories to which this act extends if the following conditions are fulfilled, namely: (e) the parties are not within the degrees of prohibited relationship: provided that in the case of a marriage celebrated before the commencement of this act, this condition shall be subject to ..... a queer couple or one of the parties in a queer relationship (where the fir is sought to be registered in relation to their relationship), they shall conduct a preliminary investigation in terms of lalita kumari v. .....
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