POCSO Act and Guideliens
Table of Contents
Government of India Guidelines for the Investigation of Crime Against Women
and the Establishment of IUCAW.
POCSO Act leads to inclease in Vindictive Litigations
Hon'ble Orissa High Court in
Rojasin Rout Vs State of Odisha, CRLMC No.3460 of 2023
Para-31
Pocso Act was not enacted to punish lovers
Acts of mutual love and affection between a young couple will not amount to sexual assault under the Protection of Children Against Sexual Offences Act (POCSO Act)
Punishing An Adolescent Boy Who Enters Into A Relationship With A Minor Girl Was Never The Objective Of POCSO Act
How Convicted by Hook or by Crook
Gujarat HC asks the state to identify cases where Rape convictions are based on weak evidence. to hear such appeals on priority
False Allegation of POCOS offence
"False claims and allegations pertaining to cases of molestation and rape need to be dealt with an iron hand due to the serious nature of the offences. Such litigations are instituted by the unscrupulous litigants in the hope that the other party will capitulate to their demands out of fear or shame. Unless wrongdoers are not made to face the consequences of their actions, it would be difficult to prevent such frivolous litigations."
Strong proof shall be required to proceed with POCSO Act
Considering the stringent nature of punishment provided
for the offence, in the opinion of this Court, stricter proof and
serious allegations are required.
It is the basic principle of criminal jurisprudence
that the punishment for an offence shall be proportionate to
the seriousness of the crime.
Compromised between the victim & accused cannot be a ground for acquittal
The attempts made by the High Courts across the country in quashing of POCSO cases on view of compromises between victim and accused, has weakened the legislative intent behind the enactment of POCSO, Act 2006. Compromises like marriage between accused and the minor victim, undermines the principles of justice and the rights of victims. The objective behind the POCSO Act’ cannot be ignored merely because abusers marry minor victims to escape conviction.
Special Judge, Public Prosecutor 'Prima Facie' Guilty Of Negligence In POCSO Case: Madhya Pradesh HC Remands Matter To Consider DNA Report
While hearing a Protection of Children from Sexual Offences (POCSO) Act case where evidence on a DNA report was not taken, the Jabalpur bench of the Madhya Pradesh High Court said that both the trial court and the Additional District Public Prosecutor (ADPO) are "prima facie" guilty of negligence and dereliction of duty.
Provide Counselling and Education to the POCSO Victims - Supreme Court
Remove the Trauma of the Victims
Educate the Victims
Ensure Rehabilitation-money is not enough
States or the Legal Service Authority
Ensure the compliance.
Page-16 Of the Judgement - SLP No. 11331 of 2019
Victim did not raised an alarm despite having opportunity to do so.
Jharkhand Highc Ourt set aside conviction.
Victim had wilfully left the house of her father with the accused
Stayed at various places
She never pressed the alarm
Victim is quate mature
Guidelines issued in
NCPCR Vs Dr. Rajesh Kumar, ADGP, CID WB., Civil Appeal No.7968 of 2019.
This case is a classic example where in the fight between
the State Commission and the National Commission the children
have been, all but forgotten.
We are sorry that this Court has to
spend its time resolving such disputes. This Court as well as the
two major parties litigating before us definitely have better things
to do.
Both the NCPCR and State Commissions have to
work for the best interest of the children in a spirit of
cooperation.
It is only when
those in charge of such commissions give themselves so much
importance that they forget that they are the creation of statute,
the only purpose of which is to protect children
They must function only for the protection and betterment of children.
POCSO judge should go for a training
IO Should go for Training
SDPO should compy with the PCO No.280-86
SP should comply with the PMR No. 37(a)
DM should comply with the PMR No.21.