#POCSO

Gujarat HC quashed the bail cancellation order of the POCSO Judge, Deesa, holding that Section 528 BNSS requires a hearing before liberty can be curtailed, safeguarding accused in POCSO cases and preventing bail withdrawal without a fair hearing.

Uttarakhand HC upheld a father’s conviction for attempted rape under IPC 376 r/w 511 and POCSO §10, holding that lack of spermatozoa does not discredit the prosecutrix’s consistent, corroborated testimony. The ruling clarifies that victim testimony alone can sustain a conviction, affecting prosecutions where medical evidence is absent.

The Supreme Court allowed the mother to relocate her two children to the UK for better education and finances, holding that the Tender Years Doctrine cannot dictate custody and that the child's welfare must prevail, despite POCSO allegations against the father.

The Gauhati High Court held that an unexamined school admission register cannot establish a victim’s minority and that ossification test results must be interpreted with a two-year margin in favour of the accused. Consequently, the accused was acquitted under Section 6 of the POCSO Act, clarifying the evidentiary burden for age proof in POCSO prosecutions.

Bombay HC (Aurangabad Bench) grants interim anticipatory bail to a man facing BNS and POCSO charges, citing unexplained FIR delay and counter-blast allegations. The court protects liberty till final hearing, imposing PR bond of ₹15,000 with conditions.

Allahabad HC grants bail to applicant in POCSO case, citing co-accused release and Supreme Court’s Kapil Wadhawan precedent. Court emphasizes no incriminating evidence, completed charge sheet, and jail overcrowding while balancing offence gravity.

The Allahabad High Court granted bail in a POCSO and BNSS case after finding irreconcilable contradictions between the victim’s Section 180 and 183 BNSS statements, coupled with a delayed forensic DNA report despite court orders. This reinforces that procedural delays and testimonial inconsistencies, not just gravity of offense, can override presumptive denial of bail in sexual offense cases involving minors.

Bombay High Court grants bail in a POCSO case after finding that the medical report did not confirm penetrative sexual assault and the victim’s police statement omitted key allegations. The ruling underscores that proportionality and evidentiary gaps may justify bail even in serious offences under the POCSO Act.

The Kerala High Court has recognized the right to dignity and familial bonding under Article 21 by granting emergency interim parole to a life convict sentenced under POCSO, allowing him a 31-hour visit with his terminally ill mother. This sets a precedent that even in heinous sexual crimes, the state must accommodate compassionate exceptions when death is imminent, balancing justice with humanity.

The Bombay High Court upheld bail denial in a POCSO case even after the victim and her mother withdrew support, emphasizing that forensic proof of hymenal tear and DNA evidence independently establish a prima facie case. This reinforces that child sexual assault prosecutions cannot be derailed by post-facto non-cooperation, safeguarding the integrity of medical evidence in minor abuse cases.

The Bombay High Court granted regular bail in a POCSO case after finding prima facie evidence of a consensual relationship between the accused and the victim, coupled with an unexplained delay in FIR registration. This ruling reinforces that gravity of offense alone cannot override bail entitlement when investigation is complete and no tampering risk exists, setting a critical precedent for cases involving adolescent relationships under the new criminal code.

Patna High Court denies bail under Bharatiya Nyaya Sanhita 2023, emphasizing the gravity of sexual exploitation of a minor with confirmed pregnancy as sufficient grounds for detention. The ruling underscores that medical evidence and victim's minority status outweigh the accused's clean antecedents, setting a precedent for stricter bail scrutiny in POCSO-adjacent offences.

Meghalaya High Court grants bail under POCSO Act where the minor admitted a consensual relationship and no sexual assault was alleged, holding custodial detention unjustified post-investigation. The ruling carves an exception to the statutory presumption of non-bailable offences when evidence disproves coercion, impacting bail jurisprudence in adolescent relationships.

Allahabad HC refuses to quash an FIR involving hacking of a 10-year-old’s Instagram account, holding that cyber exploitation of minors under POCSO and IT Act may also implicate national security. The court directs thorough investigation into the petitioner’s digital links and syndicate involvement, emphasizing the gravity of such offences.

Bombay High Court holds that Section 18 of the POCSO Act requires proof of sexual assault, not just trafficking, for an offence to be attracted. The court granted bail after the victim explicitly denied any sexual contact, setting a precedent for bail in POCSO cases where sexual assault allegations are absent.