How do you deal with a fake Pocso case?

Even for a false case under POCSO, there has to some nexus. It seems police must have applied section 8 or 10 of POCSO act. IN the event you are not able to procure FIR from police, approach some lawyer, he can get copy of FIR from the court, as copy of every FIR is sent to Concerned Magistrate.

How long does it take to get bail in Pocso act?

The bail application will be placed before court for hearing on completion of 10 days after service of notice to GA office, the court added. The court directed the director general of police, UP to ensure compliance of its directions including nomination of officials for the same.

Can a person get bail in Pocso act?

The accused booked under provisions of the Protection of Children from Sexual Offences (POCSO) Act, 2012, cannot get benefit of release on bail if trial courts are unable to record evidence of the victim-child within 30 days or complete the trial within one year from the date of taking cognisance of offences, the High …

Which section of Pocso prescribes punishment for making a false complaint?

(1) Any person, who makes false complaint or provides false information against any person, in respect of an offence committed under sections 3, 5, 7 and section 9, solely with the intention to humiliate, extort or threaten or defame him, shall be punished with imprisonment for a term which may extend to six months or …

What is the punishment for false complaint against a child?

(3) Whoever, not being a child, makes a false complaint or provides false information against a child, knowing it to be false, thereby victimizing such child in any of the offences under this Act, shall be punished with imprisonment, which may extend to one year or with fine or with both.

Can Pocso be misused?

MUMBAI: “Pocso Act is enacted with the special reason to protect children from sexual assault and its misuse cannot be permitted,” special Pocso Judge Bharti Kale said on Monday.

Can Pocso case be withdrawn?

There is no provision per se to withdraw a case under POSCO as these are non compoundable offences. However you can try to get the same quashed by the high court based on settlement.

Is section 12 of Pocso Act bailable?

Section 12 POCSO Act: Bail Not Granted As Offence Is Cognizable And Non Bailable. Thus offences punishable under POCSO Act including Section 12 are cognizable and non-bailable offences.” This is one of the top legal judgments in India.

What is the minimum punishment provided under Pocso act?

(1) Whoever uses a child or children for pornographic purposes shall be punished with imprisonment for a term which shall not be less than five years and shall also be liable to fine, and in the event of second or subsequent conviction with imprisonment for a term which shall not be less than seven years and also be …

Is section 12 Pocso Act bailable?

Can a person get bail in a POCSO case?

In cases of penetrative sexual assault the court does not grant bail in POCSO cases. However, if you are able to make a case of false implication through documents court may grant bail. Bail can also be argued if the elements of the crime are missing in the FIR.

Can a POSCO case be dealt with a special judge?

Posco cases are dealt only at. special judge court meant for Posco . So he is the authority to grant bail or not . Posco is anew act concerning sexual offences against minors and and taken with hint of infamy .

Is it possible to file a POSCO case without a lawyer?

Yes, it is possible .But not at the level of police/prosecution officer. You have to approach the concerned court where the case has been put up. Posco cases are dealt only at. special judge court meant for Posco .

Can a minor be charged under POSCO for elopement?

If the case you’re talking about is of a minor elopement in order to get married and the major is charged under the POSCO act, kidnapping and rape. If you’re sure that the girl has eloped willingly the file an application of Cr. Pc. 482 of false FIR.