In a pivotal judgment, the Delhi High Court has clarified the interpretation of ‘penetrative sexual assault’ under the Protection of Children from Sexual Offences (POCSO) Act, ruling that a mere touch does not constitute manipulation leading to such an offense. Justice Amit Bansal, presiding over the case, made a distinction between simple touch and penetrative […]
The Bombay High Court recently underscored that a bone ossification test to ascertain the age of a victim in a case under the Protection of Children from Sexual Offences Act, 2012 (POCSO Act) is mandated only when the victim’s age is on the brink of majority. The division bench, comprising Justice Vibha Kankanwadi and Justice […]
The Law Commission of India, in its recent report, has advised the Union government to retain the existing age of consent, which stands at 18, under the Protection of Children from Sexual Offences Act (POCSO), 2012. The recommendation comes in light of concerns surrounding child abuse, trafficking, and prostitution. The report states, “After a careful […]
The Gujarat High Court, presided over by Justice Hasmukh D. Suthar, recently denied anticipatory bail to a woman advocate accused of playing a pivotal role in a case where a minor girl was allegedly subjected to repeated rape and was coerced into changing her religion. The case details reveal that the accused advocate was allegedly […]
The Bombay High Court has expressed concern over the increasing number of criminal cases involving minors in consensual sexual relationships. The court has called for a shift from a punitive approach towards adolescents’ sexuality to one that enables access to sexual and reproductive health services. Justice Bharti Dangre, in her observations, emphasized the need to […]
In a landmark ruling, the Allahabad High Court has asserted that a woman cannot be compelled to give birth to the child of a man who sexually assaulted her. The court made this declaration while deliberating on a plea to terminate a 25-week pregnancy of a 12-year-old rape victim. The court, presided over by Justice […]