Act
VII
Norms of fair trial and presumptions under Section 94 of the JJ Act and Section 29 of POCSO Act ... Bails under POCSO Act : Conclusions
a
Section 94 of JJ Act, 2015 & bails under the POCSO Act
appellant has been convicted under Section 4 of
the POCSO Act, 2012.
2
2. The prosecution case was that an Ejahar was lodged ... above, in other statutes like NDPS Act, Prevention of
Corruption Act, N.I. Act, Indian Penal Code
words
‘any other act’ encompasses within itself,
the nature of the acts which are similar to
the acts which ... other act. Therefore, the act of
touching the sexual part of body or any other act involving physical
contact
under Section 8 of POCSO Act registered with
Police Station, Bari Brahamana.
2 The facts leading to filing of this petition are that ... certain offences under the said Act. For reference, relevant excerpts of
Section 54 of NDPS Act are quoted below
Substances Act 1985 (' NDPS Act ' for short). Section 31
accordingly provides that if the POCSO Act ... context of the NDPS Act and
by various other High Courts in POCSO cases, holding that such
presumption comes into play
Special POCSO Case No. 72/2018, finding the
appellant guilty of committing penetrative sexual assault under section 3 of the POCSO,
Act ... case of prosecution under the POCSO. In view of sections 29 and
30 of the POCSO Act, there would be reverse onus upon
PRAYING TO DECLARE
THAT SECTIONS 29 AND 30 OF THE POCSO ACT IS
UNCONSTITUTIONAL BEING VIOLATION OF ARTICLES ... PRAYING TO DECLARE
THAT SECTION 29 AND 30 OF THE POCSO ACT IS
UNCONSTITUTIONAL BEING VIOLATION OF ARTICLES
POCSO Act is not
similar to the presumption as under Section 139 of NI Act. Section 29 of the
POCSO Act ... like Negotiable Instrument Act,
1881 ; Prevention of Corruption Act, 1988 ; and Terrorist and
Disruptive Activities (Prevention) Act, 1987 , provide
NDPS
Act, 1985 with regard to trial of offences committed
under such Act. The NDPS Act ... under the NDPS Act, 1985 was required to
be taken away expressly by the NDPS Act
Food Adulteration Act, 1954 , Section 10 (7-B); the Essential
Commodities Act, 1955 , Section 10C; the Customs Act ... Foreign Exchange Management Act, 1999 ,
Section 39 ; the Narcotic Drugs and Psychotropic Substances (NDPS) Act,
1985 , Sections
