AI Overview...
Section 26 of the POCSO Act
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Mandatory Procedure for Recording Statements: Section 26 of the POCSO Act mandates that the statement of a child victim should be recorded in the presence of a parent, guardian, or any person in whom the child confides, to ensure the child's comfort and prevent re-traumatization. The provision emphasizes the importance of safeguarding the child's rights during investigation Lada Devi Jat VS State of Rajasthan - Rajasthan, Chinnadurai VS State Rep. by Inspector of Police, All Women Police Station, Virudhachalam - Madras, Anil Grover VS State Of Karnataka - Karnataka.
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Failure to Follow Section 26: Several cases highlight that law enforcement officers (IOs) and judicial authorities have failed to adhere to the procedural requirements of Section 26. Such lapses include not recording the child's statement in the prescribed manner or without the presence of a guardian, which can jeopardize the integrity of the evidence and the rights of the victim Lada Devi Jat VS State of Rajasthan - Rajasthan, Chinnadurai VS State Rep. by Inspector of Police, All Women Police Station, Virudhachalam - Madras.
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Impact on Convictions and Proceedings: Non-compliance with Section 26 can lead to questions regarding the admissibility and reliability of the child's testimony. Courts have emphasized that failure to follow the procedure can be grounds for quashing charges or dismissing cases, as the child's rights and the procedural safeguards are fundamental Lada Devi Jat VS State of Rajasthan - Rajasthan, Anil Grover VS State Of Karnataka - Karnataka.
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Reversal of Burden of Proof: Under Section 29 of the POCSO Act, the burden of proof is reversed for certain offences, presuming the commission of the offence unless the accused proves otherwise. Proper recording under Section 26 is crucial for establishing such evidence G vs State of NCT of Delhi - Delhi.
Analysis and Conclusion
Section 26 of the POCSO Act plays a vital role in ensuring the child's statement is recorded in a manner that upholds their rights and the integrity of evidence. Courts have consistently underscored the importance of strict adherence to these provisions. Failure to comply can compromise case proceedings and affect convictions. Therefore, law enforcement and judicial authorities must diligently follow Section 26 to protect the rights of child victims and maintain procedural fairness in cases under the POCSO Act.
References: - Lada Devi Jat VS State of Rajasthan - Rajasthan - Chinnadurai VS State Rep. by Inspector of Police, All Women Police Station, Virudhachalam - Madras - Anil Grover VS State Of Karnataka - Karnataka - G vs State of NCT of Delhi - Delhi
Search Results for "S 26 of Pocso Act"
2020 0 Supreme(Raj) 648 • India - Rajasthan
SANJEEV PRAKASH SHARMA
Whether the IO followed the provisions of Section 114-A of the Evidence Act and Section 26 of the POCSO Act? ... The court also found that the IO did not follow the provisions of Section 114-A of the Evidence Act and Section 26 of the POCSO Act ... The court also held that the IO did not follow the provisions of Section 114-A of the Evidence Act and Section 26 of the POCSO Act ......
2024 0 Supreme(Gau) 124 • India - Gauhati
KALYAN RAI SURANA, MALASRI NANDI
POCSO Act - 26(1), 27(3), 33(4), 20, 23 of POCSO Act - Media trial - Child incestuous abuse - Victim's testimony - Medical evidence ... POCSO - Conviction under section 6 of the POCSO Act - 383, 374(2) of the Cr.P.C. - 376(2)(i) IPC - 4 of ... Act. ... The point as mentioned in paragraph 26(e) is that the provisions of section 20 and 23 of the POCSO Act, 2012 were not followed fo....
2025 0 Supreme(HP) 837 • India - IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
HON'BLE MR. JUSTICE VIRENDER SINGH
under POCSO Act, claiming a compromise with the victim's father. ... of Children from Sexual Offences Act, 2012 - Sections 6 and 17 - Petitioners sought quashing of FIR under POCSO Act based on a compromise ... (Paras 10-12, 31) ... ... Facts of the case: ... Petitioners filed for quashing FIR No.26/2024 ... The objects and reasons for the enactment of the POCSO Act, as extracted above, would undoubtedly show that quashment of proceeding initiated ....
2020 0 Supreme(Chh) 474 • India - Chhattisgarh
SANJAY K.AGRAWAL
POCSO Act - Jurisdiction of Special Court - SC-ST Act of 1989, POCSO Act - Section 28(2) of POCSO Act, Section 26(b) of Code of ... the special court under the POCSO Act for hearing and disposal. ... 1973, Section 20 of SC-ST Act of 1989, Section 42A of POCSO Act - Summary of Acts and Sections Fact of the Case: The ... Thus, by virtue of Section 28(2) of the #H....
2019 0 Supreme(Manipur) 48 • India - Manipur
M.V.MURALIDARAN
Act learned Judicial Magistrate ought to follow procedure as contemplated under POCSO Act, 2012 - This Court is of view that it ... POCSO Act, 2012 - Section 6 - Constitution of India,1950 - Article 21 – Criminal Procedure Code,1973 - Section ... Special Judge took cognizance under Section 6 of POCSO Act, 2012 against petitioner - Held, It is clear that statement of witness ... Act, it is to be recorded as per Section 25 of the POCSO#HL_END....
2018 0 Supreme(Bom) 1646 • India - Bombay
SADHANA S.JADHAV
, 1897 - Section 26 - Protection of Children from Sexual Offences Act, 2012 - Sections 7 read with 8, 42 and 2(d) - Brother aged ... difficult to maintain conviction of the accused/appellant either under Section 354 of Indian Penal Code or under Section 7 of the POCSO ... Act prosecution has failed to bring home the guilt of the accused - Appeal is allowed ... POCSO Act”). ... The punishment contemplated under Sections 7 and 8 of the POCSO #HL_START....
2021 0 Supreme(Mad) 1260 • India - Madras
P.VELMURUGAN
Protection of Children from Sexual Offences Act, 2012 - Sections 4 and 6 5(1) r/w 6 – Indian Penal Code, ... Therefore, prosecution has proved that victim girl was a child under definition of Section 2(1)(d) of POCSO Act - Court finds that ... The prosecution has not proved the ingredients of Section 366 IPC and Section 3 of POCSO Act. The prosecution has not followed the procedure under Section 26(1) of POCSO Act, which is mandator....
2019 0 Supreme(Kar) 1289 • India - Karnataka
S.SUNIL DUTT YADAV
Offences Act, 2012 (POCSO Act) for alleged offenses against a minor girl. ... POCSO Act - Bail Application - The court allowed the bail application with conditions, considering the seriousness of the allegations ... Ratio Decidendi: The court considered the seriousness of the allegations, the mandatory requirements of the POCSO Act, and ... It is contended that admittedly, witnesses have not been examined in presence of the parents as required under Section #HL_START....
• India - Delhi High Court
PRATHIBA M.SINGH
Section 29 of the POCSO Act, the burden of proof is reversed in respect of offences under Sections 3 , 5, 7 and 9 of the Act i.e., there is a presumption of commission of offence unless the contrary is proved. Under Accordingly, we direct that the provisions of Practice Directions dated 24.09.2019 shall mutatis mutandis also apply to offences under POCSO Act. 5.
2013 0 Supreme(Raj) 282 • India - Rajasthan
NIRMAL KAUR
2000, Sec. 23 and 26; Protection of Children from Sexual Offences Act, 2012, Sec. 8 — Anticipatory bail — Necessity of custodial ... Cr.P.C., 1973, Sec. 438, Penal Code, Secs. 342, 376, 354-A, 506, 509/34; Juvenile Justice (Care and Protection of Children) Act, ... 1973] /kkjk 438( Hkk-n-la-] /kkjk 342] 376] 354-d] 506] 509@34( fd'kksj U;k; ¼cky lqj{kk ,oa laj{k.k½ vf/kfu;e] 2000] /kkjk 23 o 26 ... Mahila Thana (West), Jodhpur for the offence under Sections 342, 376, 354-A, 506, 509/34 of the IPC, Secti....
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