SConCriminalLaw – Advocates Chamber

POCSO Act & Guidelines

Consent

No Mini Trial

Investigation of Case & Counter Case

Accused cannot be convicted by hook or crook

Court has to apply correction principle of law.

"Over a period of time, the trend of the courts is that such intention can be read into or gathered only after a full- fledged trial. The problem is that the courts just look into the factum of suicide and nothing more. We believe that such understanding on the part of the courts is wrong. It all depends on the nature of the offence & accusation."

“The Courts should know how to apply the correct principles of law governing abetment of suicide to the facts on record. It is the inability on the part of the courts to understand and apply the correct principles of law to the cases of abetment of suicide, which leads to unnecessary prosecutions.”, the bench comprising Justices JB Pardiwala and Manoj Misra said.

CBI Investigation