POCSO Act: Presumptions
Scholars are of differing views regarding the presumptions given under the POCSO Act. Some scholars have termed them draconian presumptions and some others have found them as essential for bringing the intent of the POCSO Act into action.
There are some previous laws also where similar presumptions were enacted by the legislature e.g. Section 31 in Domestic Violence Act. At the time of its enactment people wrote great articles pleading that the presumption under the Domestic Violence Act would not allow the law to world healthily. But the working of the Act for about one complete decade has shown the apprehension as unfounded.
Dr. PS Malik has evaluated the presumptions under the POCSO Act. Its all relevant facets and related tendencies of interpretations of law have been deeply studied to find a working way out of this law with the guiding lights of these presumptions given under Sections 29 and 30 of this Act.
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