Latest news with #PocsoAct
Time of India
34 minutes ago
- Time of India
Man gets 20 yrs in jail for raping girl, 15, in 2020
A gra: A court in Muzaffarnagar on Friday sentenced a 40-year-old man to 20 years of rigorous imprisonment for raping a 15-year-old girl at a village in the district five years ago. Court also imposed a fine of Rs 10,000 on the convict. According to district govt counsel Rajeev Sharma, the crime happened in Nov 2020 when the minor girl was raped in an agri field by a man from the same village. Following a complaint by the survivor's father, a case was registered under relevant sections of the Indian Penal Code (IPC) and under Pocso Act. The accused was arrested and sent to jail. Weeks later, police submitted a chargesheet in the court.
Time of India
3 hours ago
- Time of India
Court sentences man to 20yrs RI for raping daughter
1 2 3 New Delhi: Sentencing a man to 20 years of rigorous imprisonment for raping his 14-year-old daughter in 2021, a Delhi court observed that a strong message must be sent to society that such offences against children will not be tolerated in any circumstances and offenders will be dealt with strictly by the court. The court of additional sessions judge Ajay Nagar said, "She tried to escape and even scratched his face with her nails to free herself, but he did not let her go. After the rape, when the accused released her, she got very angry and, in a fit of anger, she attacked her father with a knife and blood started oozing out from his neck. She then opened the door and narrated the entire incident to the landlady." The court sentenced the man under Section 6 of the Pocso Act and under the other provisions for rape. The court noted the girl's statement that she was staying with her maternal grandparents after her mother passed away and the convict brought her to his house and raped her on Dec 30, 2021. The court also awarded compensation of Rs 10 lakh to the survivor. You Can Also Check: Delhi AQI | Weather in Delhi | Bank Holidays in Delhi | Public Holidays in Delhi
Time of India
a day ago
- Politics
- Time of India
Amicus counters government stand, says it violates right to autonomy
NEW DELHI: Opposing the government's firm stand not to lower the age of consent below 18 years, amicus curiae and senior advocate Indira Jaising told Supreme Court that it criminalised "consensual sexual activity between children in the age group of 16-18 years, and violated their right to autonomy". Presenting a counter to Centre's stand in the case, Jaising said the age of consent was static at 16 years for 80 years and "neither any rational reason was given justifying the increase to 18 years nor was there any data to suggest that the age of consent required any increase". "Until enactment of Pocso Act , there was no law dealing with sexual offences against children. The newly enacted Bhartiya Nyaya Sanhita (BNS), 2023, in Section 63, has kept a legislative scheme similar to the one in Criminal Law Amendment Act, 2013, that amended IPC to increase the age of consent to 18 years," she said. Jaising said increase in age of consent violated right of autonomy of children in 16-18 age group, who could give mature consent to sexual activity given the fact that they had attained puberty and, consequentially, sexual awareness. However, she put in an important caveat. "This brief does not suggest that anyone above the age of 18 who has sex with another below the age of 18 be decriminalised," she said. "Scientific research indicates that adolescents are attaining puberty sooner than they did several years ago and puberty as we know, is the age of awakening of sexual awareness. by Taboola by Taboola Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like American Investor Warren Buffett Recommends: 5 Books For Turning Your Life Around Blinkist: Warren Buffett's Reading List Undo It is the age during which there is a natural attraction between the sexes and development of sexual relationships of choice," Jaising said, adding, "Hence, to criminalise such an activity rather than addressing the issue of sex education, is arbitrary, unconstitutional and against the best interests of children as defined in law. " Jaising requested SC to "declare that any consensual sexual activity between children of the ages of 16-18 constitutes an exception to penal provisions of the statute as being 'close in age', non-abusive and non-exploitative". Increasing the age of consent has led to branding hundreds of children in the 16-18 age group as criminals, she said, adding, "Data also indicates that most complaints to police are filed by parents of the girl, often against her own wishes and for extraneous reasons such as inter-religious relationships or inter-caste relationships. "Consensual sexual relations between adolescents in the 16-18 age bracket need not necessarily result in marriage, but on the contrary, criminalising such sexual behaviour will result in children eloping and getting married to avoid being prosecuted by Pocso." She suggested to the court that the law as it stands requires to be read down to include a 'close in age' exception when the sexual activity is consensual.
Time of India
a day ago
- Politics
- Time of India
Age of consent for sex cannot be less than 18 years, Centre tells SC
NEW DELHI: Union government has told Supreme Court that the age of consent for sex cannot be lowered from 18 years, as it is meant to protect minors from sexual abuse, often by relatives, but conceded that judicial discretion can be exercised on a case-by-case basis in instances of adolescent romantic and physical relationships. "The statutory age of consent fixed at 18 years must be strictly and uniformly enforced. Any departure from this standard, even in the name of reform or adolescent autonomy, would amount to rolling back decades of progress in child protection law, and undermine the deterrent character of laws like Pocso Act , 2012, and BNS," it said. Centre said the constitutional framework unequivocally supported the legal presumption that a person below 18 years of age was incapable of giving valid and informed consent to sexual activity. "Loosening age-based protections could open avenues for abuse (rape) under the guise of consensual (sexual) activity," it said. In a comprehensive written submission settled by additional solicitor general Aishwarya Bhati, the Centre detailed how the age of consent increased from 10 years in Indian Penal Code, 1860; to 12 years under the Age of Consent Act, 1891; 14 years in an amendment to IPC in 1925 and Sharda Act (Child Marriage Restraint law) of 1929; to 16 years in a 1940 amendment to IPC and 18 years in 1978 through amendment to Child Marriage Restraint Act which has remained in force till date. by Taboola by Taboola Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like Indonesia: New Container Houses (Prices May Surprise You) Container House | Search ads Search Now Undo "The age of consent under Indian law, fixed at 18 years, represents a carefully considered legislative choice aimed at creating a non-negotiable protective framework for children. This flows from the inherent protection provided to children envisaged under the Constitution of India," govt said. It added that the judiciary, on a case-by-case basis, could exercise discretion, including the close-in-age exception for those nearing 18 years and engaged in adolescence romance. "The legislative framework governing child sexual offences, particularly under Pocso Act, 2012, is premised not only on the vulnerability of the child due to age, but also on the recognition that a majority of such offences are committed by persons within the child's immediate environment of trust, including family members, neighbours, caregivers and teachers. Such perpetrators have a strong influence on the authority and agency of the minors," Centre said. It said data collated by National Crime Records Bureau (NCRB) and NGOs like Save the Children and HAQ Centre for Child Rights, indicated that over 50% of sexual offences against children were perpetrated by persons known to the child or those who were trusted by the minors. Lowering the age of consent from 18 years, under the guise of adolescent romance, would be legally unsound and provide a defence to the abusers, who exploit the minor's emotional dependence or silence, govt said. "A child's inability to report or resist is exacerbated when the perpetrator is a parent or close family member. In such cases, presenting 'consent' as a defence only victimises the child, shifts the blame onto them, and undermines the very object of Pocso Act to protect children from exploitation regardless of whether they were 'willing," it said. Govt said the existing age of consent (18 years) must not be tinkered with by the court as it was specified in several legislations to "protect the bodily integrity of children and uphold the constitutional and statutory safeguards accorded to them".
Time of India
a day ago
- Time of India
Abused at home: 14-year-old girl sexually assaulted by father, 2 brothers over 11 months in Mumbai; 3 arrested
MUMBAI: A 14-year-old girl has accused her father, two brothers, and a family acquaintance of repeatedly sexually assaulting her over eleven months - Jan to Nov 2024. The Mulund police booked the accused under the Pocso Act , and arrested them. The court sent two of the accused to police custody until Jul 28. Police stated that the father is addicted to alcohol and has a prior case of theft against him. You Can Also Check: Mumbai AQI | Weather in Mumbai | Bank Holidays in Mumbai | Public Holidays in Mumbai One of the accused is a minor who was sent to a juvenile correctional facility. The girl spoken about the abuse to the chief of a home for juveniles.
