Tulir Charitable Trust v. Union of India & Ors.
Case brief
What is this about?
The Court observed that a discharge order in a POCSO case involving child pornography was erroneous as age determination under JJ Act is not required when material appears to depict children. It invoked suo moto revision jurisdiction.
What the court decided
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- IN THE HIGH COURT OF DELHI AT NEW DELHI
- W.P.(CRL) 1196/2024 & CRL.M.A. 11560-11561/2024 TULIR CHARITABLE TRUST ..... Petitioner
Through: Mr.Vakul Sharma, Advocate
versus
UNION OF INDIA & ORS. ..... Respondents
Through: Mr.Sanjay Lau, standing counsel with Ms.Nandita Rao, ASC for GNCTD Ms.Anubha Bhardwaj, SPP for CBI /R-2with Mr.Robin Kumar, Inspector, CBI Mr.Ravi Prakash, CGSC, Mr.Ali Khan, Mr.Taha Yasin, Mr.Astu, Advocates for UOI
% Date of Decision: 09th May, 2024
CORAM: HON'BLE THE ACTING CHIEF JUSTICE HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA
JUDGMENT
MANMOHAN, ACJ : (ORAL)
Issues for consideration
3 issues framed by the court
Whether strict proof of age is required to invoke Section 15(2) of POCSO Act in cases involving unidentified children in child pornography.
Whether the definition of 'child pornography' under Section 2(da) of POCSO Act requires identification of the specific child depicted.
Whether the High Court suo moto revisional jurisdiction can be invoked against an order of discharge in a criminal matter.
Parties & counsel
- petitioner
Tulir Charitable Trust
- respondent
Union of India
- respondent
Respondents 3 & 4
Coram
Case details
As recorded by the court registry
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