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The Kerala High Court has held that a child charged with the offences under the Protection of Children from Sexual Offences (POCSO) Act, 2012.
It is to be prosecuted as per the provisions of the Juvenile Justice (Care and Protection of Children) (JJ) Act.
Justice P.G. Ajithkumar made the observation while disposing of a petition filed by a 13-year-old boy seeking to quash the case registered against him under the POCSO Act and various sections of the Indian Penal Code (IPC).
The prosecution case is that the petitioner had sexually assaulted another boy.
Counsel for petitioner submitted that prosecution of a child for an offence under the POCSO Act or sexual offences under the IPC was not possible as much as the offender, being a child, could not be attributed with the criminal intent.
Therefore, the investigation against the petitioner was illegal.
Who is a child as per the definition of POSCO act and JJ Act
Both the Protection of Children from Sexual Offences Act (POCSO) Act, 2012 and the Juvenile Justice (Care and Protection of Children) Act, 2000 (JJ Act) define a child as any person below the age of 18 years.
POCSO Act: This act focuses on protecting children from sexual offences.
It clearly states that a "child" is anyone under 18 years of age .
JJ Act: This act deals with juvenile justice and care for children.
It also defines a "child" as someone who has not completed 18 years of age.
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