Topic
Sexual offence laws in India encompass offences under the Indian Penal Code, POCSO Act, and the new Bharatiya Nyaya Sanhita (BNS), addressing rape, consent, age of majority, and procedural safeguards.
Judges in Assam Nagaland Mizoram and Arunachal Pradesh will treat medical treatment related FIR delays as non fatal in POCSO trials and defence teams must be prepared to rebut the Section 29 presumption to secure acquittal.
The Delhi High Court ruled that a Section 164 statement remains valid even if a parent assists as interpreter, and that PoCSO’s interpreter requirement is fulfilled by any person competent in the child’s mode of communication. This expands admissibility of child-witness testimony and clarifies interpreter qualifications for future PoCSO sexual-offence cases, affecting prosecutors and defence counsel.
The Madhya Pradesh High Court granted bail to a convicted appellant under BNS Section 64, finding the prosecutrix’s testimony riddled with material contradictions and no independent corroboration for the sexual assault allegation. The absence of DNA evidence, combined with the prosecution’s failure to examine key witnesses, rendered the case circumstantial and insufficient to justify continued incarceration pending appeal. This reinforces that weak, uncorroborated testimony alone cannot sustain custody in sexual offence cases.
The Kerala High Court granted pre-arrest bail after finding WhatsApp and GPay messages between the accused and complainant directly undermined the FIR’s claims of coercion and false marriage promises. This sets a critical precedent: digital communication timelines can override vague, post-facto allegations in sexual offence cases, reinforcing that custodial interrogation is not mandatory when evidence disproves the core accusation.
Rajasthan High Court grants bail in a sexual offence case, emphasizing that unexplained FIR delay, improbable incident details, and the prosecutrix's own conduct (including no alarm despite presence of witnesses) erode the case's credibility. The ruling reinforces that bail may be granted where the prosecution's version lacks plausibility, even in serious offences, without prejudging merits.
Allahabad HC grants bail to a 55-year-old woman accused under BNS, holding that mere facilitation of marriage-without allegations of sexual assault or active participation-does not justify detention. The ruling underscores that bail must be granted where the accused’s role is peripheral and co-accused have already been released, reinforcing procedural fairness in non-bailable offences.
Allahabad High Court sets aside conviction under Section 366 IPC, emphasizing that omission of the accused’s name in the FIR and uncorroborated victim testimony warrant acquittal. The ruling reinforces the principle that benefit of doubt must prevail in cases lacking credible evidence, impacting criminal trials involving sexual offences.
The Bombay High Court granted bail in a sexual offence case under BNS after confirming the informant’s valid consent, supported by a psychiatrist’s certification that her chronic schizophrenia was in remission with no active symptoms. This sets a critical precedent: mental illness does not automatically invalidate victim consent in bail proceedings, provided clinical evidence affirms decision-making capacity.
The Chhattisgarh High Court ruled that a consensual physical relationship formed after a woman’s desertion from her husband cannot be retroactively framed as sexual intercourse under false pretenses of marriage. This clarifies that Section 69 BNS requires proof of deceptive intent at the time of intercourse, not post-facto resentment over broken marriage promises - protecting individuals in informal unions from weaponized complaints.
Chhattisgarh High Court rules that anticipatory bail under Section 483 of Bharatiya Nagarik Suraksha Sanhita cannot be automatically denied in cases involving consensual adult relationships, even if the offense is under Section 376(2)(N) IPC. The ruling emphasizes that prolonged relationships and consent negate the presumption of coercion, reinforcing bail jurisprudence under the new criminal procedure code.
Gauhati HC ruled that medical age estimation under the POCSO Act must include a two-year margin of error, failing which the prosecution cannot establish minor status beyond reasonable doubt. The court acquitted the accused after finding the victim's age (16-18 years) placed her above 18, coupled with testimonial inconsistencies and lack of corroboration.
Madhya Pradesh High Court condemns casual medical examination in rape cases, directing disciplinary action against doctor for failure to follow protocol.
Delhi High Court quashes FIR under Sections 376(2)(n) and 506 IPC after complainant retracts statement, marries accused, and bears a child, affirming inherent powers under BNSS.