Accused under 2012 child s*xual abuse law to be produced before special court'
Mumbai: Accused arrested under the Protection of Children from Sexual Offences Act have to be produced before the special court constituted under this Act even at the remand stage, the Bombay High Court has ruled.
"It must be appreciated that only the court which can take cognisance of the offence can perform the functions even at the pre-cognisance stage as there can not be more than one court exercising jurisdiction in respect of a single criminal prosecution," Justice Roshan Dalvi has said.
The High Court was hearing a petition moved by a woman who had filed a case against a person under the Protection of Children from Sexual Offences Act. The petitioner had before a magistrate court taken exception to the remand proceeding on the ground that only the special court would have jurisdiction to take remand and pass any order.
The High Court was hearing a petition moved by a woman who had filed a case against a person under the Protection of Children from Sexual Offences Act. The petitioner had before a magistrate court taken exception to the remand proceeding on the ground that only the special court would have jurisdiction to take remand and pass any order.
https://www.lawweb.in/2013/09/accused-under-2012-child-s*xual-abuse.html
