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1 - 10 of 15 (1.00 seconds)Section 3 in The Protection of Children from Sexual Offences Act, 2012 [Entire Act]
Section 164 in The Code of Criminal Procedure, 1973 [Entire Act]
Section 2 in The Protection of Children from Sexual Offences Act, 2012 [Entire Act]
The Indian Penal Code, 1860
Section 145 in The Indian Evidence Act, 1872 [Entire Act]
Section 161 in The Code of Criminal Procedure, 1973 [Entire Act]
Sunil Mahadev Patil vs The State Of Maharashtra on 3 August, 2015
He has further placed reliance upon the
judgment passed by the High Court of Maharashtra, in the case of Sunil Mahadev
Patil Vs. The State of Maharashtra reported in 2016 Cri LJ (NOC 36) 14
wherein, in similar circumstances, the bail was extended to the applicant. The age
of the prosecutrix in that case was 15 years and the accused was 20 years of age.
He has further brought to the notice of this court certain salient features to the
Protection of Children from Sexual Offences Act, 2012 (in short "POCSO Act"),
and has argued that discussion has been done with respect to the age of the victim
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whether the age limit for consensual sex is 16 years or 18 years. It was pointed out
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that the protection of child rights have set the age limit of consensual sex to be 16
Date: 2022.03.11 18:13:18 IST
years but the standing committee constituted by the Parliament has raised the age
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to 18 years. It is argued that in the present scenario and in the today's world of
internet where the society is moving ahead with a great pace, the children are
getting mature at an early date. The sense of realization and the maturity level is
attained at an early age. They are in a position to remove the difference between
wrong and right. As per the protection of child rights, the consensual age for sex
was 16 years and that appears to be the correct age but the committee has
enhanced the age to 18 years. In large number of cases it is seen that the teenagers,
the girl below 18 years of age and the boy just over 18 years of age are in love
affairs and are going beyond the limits and are developing physical relations with
their own free will and consent. Whether the aforesaid aspect can be considered to
be a forceful sexual attempt by the boy. The girl is not in a position to understand
the outcome of making a physical relations with the consent; therefore, no offence
of rape is said to have been committed. He has placed reliance upon the certain
orders passed by this court; wherein, the age of the girl was more than 16 years of
age and the benefit of bail was extended to the applicant considering the fact that
she was in good terms with the accused and has made physical relations with the
applicant without there being any resistance by her. He is ready to abide by all the
terms and conditions that may be imposed by this Court while considering this bail
application. On these grounds, he prays for grant of bail.
Section 439 in The Code of Criminal Procedure, 1973 [Entire Act]
Ms. Eera Through Dr. Manjula ... vs State (Govt. Of Nct Of Delhi) on 21 July, 2017
From the aforesaid it is apparently clear that a person is considered to be a
child who is below 18 years of age for all purposes of POCSO Act. The Hon'ble
Supreme Court in the case of Ms. Eera Through Dr. Manjula ... vs State
(Govt. Of Nct Of Delhi) reported in 2017 (15) SCC 133 has considered and
held that ("about the object and purpose of the act when two constructions are
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reasonable possible, preference should be given to one which helps carry out
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the beneficial purpose of the Act without unduly expanding scope of provision.