Proceedings stayed since act was committed before it became punishable under POCSO

Masood Ahmed Vs State of J&K and others

Jammu & Kashmir HC, Jammu Bench


OWP No. 2706/2018, IA No. 1/2018

About/from the judgment:

The High Court allowed a petition filed to stay proceedings initiated against the petitioner under Section 7 and 8 of the Jammu & Kashmir Protection of Children from Sexual Violence Act, 2012 on the ground that when the offence was alleged to have been committed by the petitioner, the Act had not come into force and even the ordinance, which had been issued on 16-05-2018 had lived its life.


The facts of the case are that the petitioner was booked under Section 7 and 8 of the Jammu & Kashmir Protection of Children from Sexual Violence Act, 2012 read with Section 452, 354, 323 & 506 of RPC. The contention of the petitioner was that the ordinance in question was not placed before either House of the Legislature, which was not convened in terms of Section 53 of the State Constitution and, therefore, had lived its life. The offence would be an offence only after the date of enactment.


The Court stayed the proceedings.

Read the Judgment

Knowledge and content of about almost all their respective descriptions are borrowed from law-related blogs and websites, we, therefore, wish to give proper credit to all the respective law-related blogs and websites like LiveLaw, Bar and Bench, LatestLaws, PathLegal, FirstLaw, Lawctopus, IndianKanoon, Manupatra, LegallyIndia etc.. Many of the judgments are also taken from them websites of Hon'ble Supreme Court and other respective Hon'ble High Courts!

Formats for use

Talk to our volunteer on our #Helpline


Single Helpline Number For Men In Distress In India

Join our mailing list!  Stay up-to-date on upcoming projects, offers & events.

  • Follow Daaman on Facebook
  • Follow Daaman on Twitter

©2018-2020 Daaman Welfare Society & Trust.

All rights reserved.

Beware, anyone can be a victim of gender bias in society and laws! 

Don't wait: Schedule a conversation with a trusted, experienced Men's Rights Activist to find out how only awareness is the key to fight and remove prevailing gender bias against men in society.