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 expanse, the mental age of a person or the age determined by the prevalent science pertaining to psychiatry ..... chapter iv deals with abetment of and attempt to commit an offence ..... 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. ..... in these rules shall prevent a child or his parent or guardian or any other person in whom the child has trust and confidence from submitting an application for seeking 28 relief under any other rules or scheme of the central government or state government. 25. ..... empowers the central government to make rules for carrying out the purposes of the pocso act. ..... recommendation for compensation, the district legal services authority or the state legal services authority is required to decide the quantum of compensation to be awarded under the scheme prepared by the state government in coordination with the central government. .....
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 ..... presume, when a person is prosecuted for committing or abetting or attempting to commit any offence under section 3, 5, 7 and section 9 of the act, that such person has committed or abetted or attempted to commit the offence, as the case may be, unless the contrary ..... take all measures to ensure that (a) the provisions of this act are given wide publicity through media including the television, radio and the print media at regular intervals to make the general public, children as well as their parents and guardians aware of the provisions of this act; (b) the officers of the central government and the state governments and other concerned persons (including the police officers) are imparted periodic training ..... 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 and reproduced above, we give the following categories of cases by way of illustration wherein such power could be exercised .....
Tag this Judgment!Court : Supreme Court of India
..... as per the national crime records bureau, a total of 34,651 cases of rape under section 376 ipc were registered during 2015 (excluding cases under the protection of children from sexual offences act, 2012). ..... extreme brutality; or (b) if the murder involves exceptional depravity; or (c) if the murder is of a member of any of the armed forces of the union or of a member of any police force or of any public servant and was committed (i) while such member or public servant was on duty; or (ii) in consequence of anything done or attempted to be done by such member or public servant in the lawful discharge of his duty as such member or public servant whether at the time of murder he was such member or public servant, as the case may ..... narayan reddy, in his book, medical jurisprudence and toxicology (law, practice and procedure), third edition, 2010, chapter viii page 268, has extensively dealt with human bites, their patterns, the manner in which they should be lifted with a swab and moistened with sterile water and the manner in which such swabs need to be handled is delineated along with their usefulness in identification. ..... tip of accused akshay was conducted on 26.12.2012 at central jail no.4, tihar jail, where the informant, pw-1, identified accused akshay. ..... though there is close association of conspiracy with incitement and abetment the substantive offence of criminal conspiracy is somewhat wider in amplitude than abetment by conspiracy as contemplated by section 107, i.p.c. .....
Tag this Judgment!Court : Supreme Court of India
..... act, 1885, the bankers books evidence 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 and ..... and political rights and the international covenant on economic, social and cultural rights adopted by the general assembly of the united nations on the 16th december, 1966 [and such other covenant or convention adopted by the general assembly of the united nations as the central government may, by notification, specify under section 12(f) of the protection of human rights act ..... behaviour and attempted criminal damage can ever be a necessary and proportionate interference ..... 122 part i lesbians, gays, bisexuals or transgenders and in last more than 150 years less than 200 persons have been prosecuted (as per the reported orders) for committing offence under section 377 ipc and this cannot be made sound basis for declaring that section ..... found in a lengthy chapter, consisting of 31 articles, entitled rights and duties of the ..... the prosecution in establishing any case of conspiracy or abetment, the plaintiff being helpless to prove the same .....
Tag this Judgment!Court : Supreme Court of India
..... 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 ..... over 150 years, section 115 makes it clear that section 309 is rendered largely ineffective, and on the contrary, instead of committing a criminal offence, any person who attempts to commit suicide shall be presumed to have severe stress and shall not be tried and punished under section 309 of the indian penal code. ..... (bolivia, ecuador, and mexico), four are in europe and central asia (malta, portugal, sweden, and the united kingdom), two are in east asia and the pacific (fiji and new zealand), and one is in ..... 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 this court to give effect to the rights, among others, of discrete and insular minorities.6 one such minority has knocked on the doors of ..... , and minawalla, who was charged with abetment, was sentenced to a fine of rs 100 and imprisonment .....
Tag this Judgment!Court : Supreme Court of India
..... include sections 29 and 30 of the protection of children from sexual offences (pocso) act in which there is presumption regarding commission and abetment of certain offences under the act, and presumption of mental ..... of the appropriate authorities functioning in the state and recommend appropriate action against them; (iii) to monitor the implementation of provisions of the act and the rules and make suitable recommendations relating thereto, to the board; (iv) to send such consolidated reports as may be prescribed in respect of the various activities undertaken in the state under the act to the board and the central government; and (v) any other functions as may be prescribed ..... then, law cannot be cruel, which it would be because of what is being stated later, if persons attempting suicide are treated as criminals and are prosecuted to get them punished, whereas what they need is psychiatric treatment, because suicide basically is a call for help , as stated by dr ..... regulation 7.1 under chapter 7 deals with misconduct committed by a doctor by violating any provisions of the regulations, whereas regulation 7.2 provides that the failure to maintain the medical records of indoor patient for a period of three years and refusal to provide ..... s argument on the object of the 2012 amendment act, according to the learned attorney general, it is well settled that where the language of the act is plain, no recourse can be taken to the object of the act and he cited a number of judgments for .....
Tag this Judgment!Court : Delhi
..... 2012, the legislature enacted the protection of children from sexual offences act, 2012 (pocso, act hereafter) for the reason that sexual offence against children ..... to be habitually in the company of, a prostitute; or (b) to have exercised control, direction or influence over the movements of a prostitute in such a manner as to show that such person is aiding abetting or compelling her prostitution; or (c)to be acting as a tout or pimp on behalf of a prostitute, it shall be presumed, until the contrary is proved, that such person is knowingly living on the earnings of prostitution of another person within the meaning of sub-section ..... protect young children from contamination with hardened criminals is also apparent from section 27 of the act which provides, subject only to a few limited and exceptional cases referred to in the proviso, that notwithstanding anything contained to the contrary, no court can sentence a child to death or transportation or imprisonment for any term or commit ..... of any police officer from the inquiry process, for the child in need of care and protection as the work is assigned to the child welfare committee and to cover other cases where the child can remain in children/shelter home after completion of enquiry; xxx xxx xxx (xi) to ensure the applicability of model rules framed by the central government in the states/union ..... chapter ..... and was an attempt of the legislature to provide a model to be followed by the states for enactment of their respective children's .....
Tag this Judgment!Court : Supreme Court of India
..... 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 ..... person is already convicted of the commission of, or attempt to commit, or abetment of, or criminal conspiracy to commit, any of the offences punishable under the ndps act, and is subsequently convicted of the commission of, or attempt to commit, or abetment of, or criminal conspiracy to commit, an offence punishable under the ndps act, the punishment then goes to up to a term which may extend to one and one-half times the maximum term of 1 it may be remembered that in the indian penal code, 1860 ( ipc ), the only section where preparation is made an offence, is preparation to commit dacoity . ..... chapter iv of the customs act enables the central government to prohibit the import or export of goods of any specified description for various reasons, including prevention of shortage, the protection of human, animal or plant life or health, the protection of trade marks, patent, copyright, prevention of deceptive practices, implementation of ..... 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 act .....
Tag this Judgment!Court : Supreme Court of India
..... 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 ..... india, the commission of sati (prevention) act 1987 criminalizes attempts to commit sati, the abetment of sati, as well as its ..... 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 special cells in each district; and (iii) to launch prosecutions in each case of honour killing or caste- 134 part d based ..... 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 .....
Tag this Judgment!Court : Supreme Court of India
..... the position as on date is that under the protection of children from sexual offences act, 2012, juvenile justice (care and protection of children) act, child marriage restraint act, 1929, protection of women from domestic violence act, 2005, the majority act, 1875, the guardians and wards act, 1890, the indian contract act, 1872 w.p. ..... strangely, while prohibiting a child marriage and criminalizing it, a child marriage has not been declared void and what is worse, sexual intercourse within a child marriage is not rape under the ipc even though it is a punishable offence under the protection of children from sexual offences act, 2012. ..... section 29 of the pocso act provides that where a person is prosecuted for committing or abetting or attempting to commit an offence under section 3 (penetrative sexual assault) or under section 5 (aggravated penetrative sexual assault) then the special court shall presume that such a person has committed or abetted or attempted to commit the offence unless the contrary is proved. ..... chapter iii of the pocso deals with use of children for pornographic purposes with which we are not concerned in the instant case. ..... ashwani kumar, (2006) 2 scc578directed the states and central government to notify rules making registration of marriages compulsory. ..... in the chapter relating to violence against women within the family and harmful traditional practices, early page 13 w.p. ..... this refers to the consequences of child marriage in chapter 5. .....
Tag this Judgment!