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  By Abhishek Jat, Advocate A Fictional Case Study: When Law Meets Young Love Seventeen-year-old Aman and sixteen-year-old Priya, both from neighboring villages, found themselves at the center of a criminal case under the POCSO Act after Priya’s parents discovered their consensual relationship. Despite the absence of coercion or exploitation, Aman was arrested, and Priya was labeled a victim by law. Their story is not unique—across India, similar cases have raised questions about the proportionality of punishment under the POCSO Act in situations involving mutual adolescent consent. The Legal Issue: Is the POCSO Act Overreaching? The POCSO Act, 2012, was designed to provide robust protection for children against sexual offences. However, by criminalizing all sexual activity involving individuals under 18, the law makes no distinction between exploitative abuse and consensual adolescent relationships. This zero-tolerance approach has led to the prosecution of thousands of teenagers ...

By Abhishek Jat, Advocate Introduction Anticipatory bail is a significant legal safeguard within the criminal justice system, designed to protect individuals from unwarranted arrest and detention. In a recent matter before the Patna High Court, the application of anticipatory bail was examined in the context of grave allegations under the Indian Penal Code (IPC) and the Protection of Children from Sexual Offences (POCSO) Act. Case Overview Case Title: Raj Kumar & Devanti Devi v. State of Bihar Case Number: Criminal Miscellaneous No. 10019 of 2018 Presiding Judge: Hon’ble Mr. Justice Sanjay Priya Court: Patna High Court Date of Order: 27th March 2018 Factual Matrix The petitioners, Raj Kumar and Devanti Devi, faced accusations stemming from Mahila P.S. Case No. 39 of 2017, registered in Aurangabad district. The charges invoked were under Section 354A (sexual harassment), Section 504 (intentional insult), and Section 506 (criminal intimidation) of the IPC, along with Section 8 of ...

  Supreme Court Quashes POCSO Proceedings in Light of Marital Settlement: A Case Analysis By Abhishek Jat, Advocate In a landmark judgment, the Supreme Court of India recently quashed criminal proceedings under the Protection of Children from Sexual Offences (POCSO) Act, 2012, and related provisions of the Indian Penal Code (IPC), in a case where the accused and the victim are now happily married. The Court emphasized that continuing the prosecution would serve no meaningful purpose and would only cause undue harassment to the parties involved and their children. The decision, delivered by a division bench comprising Justices Abhay S. Oka and Ujjal Bhuyan, underscores the importance of judicial discretion in balancing legal rigor with humanitarian considerations. Background of the Case The case originated from a First Information Report (FIR) registered on September 18, 2016, under Sections 354A (sexual harassment), 363 (kidnapping), 366 (kidnapping or inducing a woman to com...

Ensuring Ethical Compliance in Digital Content: A Comprehensive Analysis of the Ministry of I&B’s Advisory on OTT Platforms and Social Media  By Abhishek Jat, Advocate The rapid proliferation of digital content in India, particularly through Over-The-Top (OTT) platforms and social media, has revolutionized the way information and entertainment are consumed. However, this growth has also raised significant concerns regarding the ethical and legal responsibilities of content creators, publishers, and platforms. In response to these concerns, the Ministry of Information and Broadcasting (I&B) has issued a detailed advisory to OTT platforms and social media entities, reiterating the importance of adhering to the  Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021  (IT Rules, 2021). This advisory serves as a critical reminder of the legal obligations and ethical standards that digital platforms must uphold in their operations....

  Supreme Court Clarifies Sentencing Under POCSO Act and IPC: Higher Punishment Prevails By Abhishek Jat, Advocate   In a significant ruling, the Supreme Court of India has clarified the interplay between the  Protection of Children from Sexual Offences (POCSO) Act, 2012 , and the  Indian Penal Code (IPC)  in cases where an offender is convicted under both statutes. The Court held that when an act constitutes an offence under both laws, the offender must be sentenced under the provision that prescribes the  higher degree of punishment . This decision reinforces the principle that  Section 42 of the POCSO Act  mandates the imposition of the more severe penalty, whether under the POCSO Act or the IPC. Background of the Case The case involved an appellant who was convicted for sexually assaulting his minor daughter. The trial court found him guilty under  Sections 376(2)(f)  and  376(2)(i)  of the IPC, which deal with rap...