AI Overview...
Are Sections of the POCSO Act Bailable?
- Section 12 of the POCSO Act:
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Classified as cognizable and non-bailable. Courts generally treat offences under Section 12 as serious, leading to non-bailability due to their nature (Paras 4, 5, 11, 13, 17, 21, 23, 27) Santosh Kumar Mandal VS State - Delhi.
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Section 21 of the POCSO Act:
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The statute does not explicitly declare Section 21 as non-bailable; hence, its bailability remains subject to judicial discretion. Some judgments suggest it may be bailable unless specified otherwise (Paras 2, 3) XXX XXX VS State of Kerala, Represented By Public Prosecutor - Kerala.
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Other Sections (e.g., Sections 3, 4, 7, 8):
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The bailability depends on the specific section and the nature of the offence. For example, offences under Sections 3/4 and 8 are often treated as bailable or cognizable and bailable (Paras 4, 6, 8, 13) Santosh Kumar Mandal VS State - Delhi, Praveen Kumar Singh @ Praveen Singh VS State Of U. P. Thru. Prin. Secy. Home. Lko - Allahabad.
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Warrants and Bail Proceedings:
- Courts have modified non-bailable warrants to bailable warrants in certain cases involving POCSO offences, emphasizing the judicial discretion in bail matters (Paras 6, 7, 10, 12) Surjeet VS State of Rajasthan - Rajasthan, Vijesh Kumar @ Vijay Purohit VS State, Through P P - Rajasthan, Vijesh Kumar @ Vijay Purohit VS State, Through PP - Rajasthan.
Summary:
- Section 12 of the POCSO Act is explicitly non-bailable and cognizable.
- Section 21 does not explicitly specify non-bailability; thus, it is generally considered bailable unless the court rules otherwise.
- The bailability of other sections depends on the specific provisions and judicial discretion.
References:
- Santosh Kumar Mandal VS State - Delhi
- XXX XXX VS State of Kerala, Represented By Public Prosecutor - Kerala
- Surjeet VS State of Rajasthan - Rajasthan
- Vijesh Kumar @ Vijay Purohit VS State, Through P P - Rajasthan
- Vijesh Kumar @ Vijay Purohit VS State, Through PP - Rajasthan
- Praveen Kumar Singh @ Praveen Singh VS State Of U. P. Thru. Prin. Secy. Home. Lko - Allahabad
Search Results for "Wether any Sections in Pocso Act is Bailable"
• India - Bombay High Court
PUSHPA V. GANEDIWALA, J
(A) Indian Penal Code - Sections 354, 363, and 342 - Protection of Children from Sexual Offences Act, 2012 - Section 8 - Conviction ... ... ... Issues: The main issues were about whether the acts amounted to 'sexual assault' under the POCSO Act and interpretations ... (Paras 16, 17, 21, 27) ... ... (B) Evidence Act - Section ... Issue Non- bailable warrant against the appellant – accused. All the substantive ja....
2021 0 Supreme(All) 1174 • India - Allahabad
RAJESH SINGH CHAUHAN
SC/ST Act - Sections 3 (i) (r), 3 (i) (s), 3 (ii) (v) - Protection of Children from Sexual Offences Act ... - Section 7/8 - Indian Penal Code, 1860 - Sections 147, 148, 354, 452, 323, 504 & 506 - Criminal Procedure Code, 1973 - Sections ... warrant of Rs.10,000/-was issued, again on next the non-bailable warrant has been issued against petitioners - Whether bail able ... By means of this petitioner, the petitioners have prayed for ....
2022 0 Supreme(Ker) 893 • India - Kerala
BECHU KURIAN THOMAS
of Rape - Punishment for failure to report or record a case - Whether offence under section 21 of the POCSO Act is bailable or not ... - A perusal of provisions of POCSO Act reveals that statute does not, by itself, declare section 21 to be a non-bailable offence ... - Protection of Children from Sexual Offences Act, 2012 - Sections 4, 3(b), 3(d), 6(1), 5(f), 5(l), 5(m), 21 - Gra....
2016 0 Supreme(Del) 3632 • India - Delhi
MUKTA GUPTA
Section 12 of the POCSO Act and its classification as a bailable offence. ... , leading to the conclusion that the offences punishable under the POCSO Act, including Section 12, are cognizable and non-bailable ... and Section 12 of the POCSO Act. ... Sections 354D/342/363/506 IPC are cognizable and bailable offences as per first schedule to the Cr.P.C. ... Thus ....
2016 0 Supreme(Raj) 607 • India - Rajasthan
VIJAY BISHNOI
Issues: The main issue was whether the petitioner should be summoned through a bailable warrant or a warrant of arrest for ... Criminal Revision Petition - Summoning through Bailable Warrant - The court modified the order of summoning the petitioner through ... warrant of arrest to summoning the petitioner through bailable warrant, based on the legal principle that an accused, against whom ... Protection of Children from Sexual Offences Act, 2012 and Section 3(2)(v) ....
2021 0 Supreme(Raj) 701 • India - Rajasthan
GOVERDHAN BARDHAR
Sections 363, 366, 376(D) IPC and Section 3/4, 5(i)/6 of POCSO Act. ... Issues: The issue was whether the non-bailable warrant issued by the trial court should be modified to a bailable warrant ... warrant into a bailable warrant. ... Learned counsel for the petitioner submits that vide order dated 07.01.2019, learned Special Judge, POCSO Act Cases, Jalore has taken cognizance against the petitioner for offence un....
2019 0 Supreme(Mad) 1092 • India - Madras
P.RAJAMANICKAM
12 of the POCSO Act is cognizable and non-bailable - Taking into consideration of all aforesaid facts, this Court is inclined to ... by petitioner/accused, seeking anticipatory bail for alleged offences punishable under Sections 11 (i), (ii) and Section 12 of Protection ... of Children from Sexual Offences Act, 2012 - Sections 11 (i), (ii) and 12 - Seeking anticipatory bail - This petition has been filed ... He further submitted that even if it is as....
2025 Supreme(Online)(Kar) 14499 • India - Karnataka High Court
S VISHWAJITH SHETTY, J
Section 12 of the Protection of Children from Sexual Offences Act, 2012 (for short 'POCSO Act') is before this Court under Section 483 of BNSS, 2023 seeking regular bail. 12 of POCSO Act , subject to the following conditions: a) The petitioner shall execute personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with two sureties for the likesum, to the satisfaction of the jurisdictional Court; b) The petitioner ... Accordingly, the followi....
2021 0 Supreme(Raj) 1650 • India - Rajasthan
GOVERDHAN BARDHAR
[WARRANTS] - [POCSO ACT] - [The court discussed the legal provisions regarding the issuance of arrest warrants under Section 70 ... Issues: Whether the issuance of a non-bailable warrant was appropriate given the circumstances of the case and the legal provisions ... Fact of the Case: The petitioner was taken cognizance for serious offenses under IPC and POCSO Act, leading to the ... Learned counsel for the petitioner submits that vide order dated 07.01.2019, learn....
2018 0 Supreme(All) 1606 • India - Allahabad
J.J.MUNIR
Bail - Juvenile Justice - Sections 354B, 323, 324, 506 IPC and Section 8 of POCSO Act - [12] - [354B, 323, 324, 506 IPC, Section ... 354B, 323, 324, 506 IPC, and Section 8 of the POCSO Act. ... 8 of POCSO Act] - The court discussed the provisions of Section 12 of the Juvenile Justice Act, 2015 and the parameters for granting ... Let the revisionist Fazil @ Avesh be released on ba....
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