Pocso. act.

shyam lal (Querist) 26 December 2023 This query is : Resolved
Can a POCSO crime committed be reported to police/court after 5 years as the victim broke silence now.

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The POCSO Act does not have a limitation period, meaning sexual abuse cases can be reported to the police or court even after five years if the victim comes forward. While the Act itself has provisions for bail, certain sections and the overriding nature of POCSO can affect anticipatory bail applications. The possibility of acquittal or obtaining bail depends heavily on the specific charges, evidence, and the skill of the legal advocate.

T. Kalaiselvan, Advocate (Expert) 26 December 2023
The ministry of law after examining the provisions of POCSO Act vis-à-vis provisions of CrPC has advised that there appears no period of limitation mentioned in Section 19 in regard to reporting of the offences under the POCSO Act, 2012.
There is no time limit within which a case of sexual abuse case needs to be reported, which means that if the child wants to report abuse which took place a long time ago, it can be done. Follow the 7-step process in obtaining the consent of the child as well as the family in such a situation.

shyam lal (Querist) 26 December 2023
Advocate Kalaiselvan thanks for the reply
.under these charges is there any chance of acquital?
Under Act(S) Under Section(S)
Protection Of Children From Sexual Offences Act 6,10,21
INDIAN PENAL CODE 354,376(2)(D)(K)(L)
Persons With Disabilities (Equal Opportunities Protection Of Rights And Full Participation) Rules 92(D)

T. Kalaiselvan, Advocate (Expert) 27 December 2023
Acquittal is based on the proper challenge of the case and getting the allegations nullified by rigorous cross examination of the witness during trial proceedings.
It again depends on the skills of the talented advocate.

shyam lal (Querist) 27 December 2023
Advocate Kalaiselvan thanks for the reply.now what is the prospects of getting bail under the same charges as mentioned.

T. Kalaiselvan, Advocate (Expert) 27 December 2023
Section 18 of the Atrocities Act provides that an accused under this Act cannot file anticipatory bail application under section 438 of the CrPC. Section 42A of the POCSO Act is a non obstante clause giving overriding effect to POCSO Act over any other law in case of any inconsistency.
Section 21 of the POCSO Act prescribes imprisonment of 6 months to a year — thus making it a bailable offence
“It is evident that the provisions of Cr. PC is made applicable for the cases to be tried under the said Act, and therefore, the provision for bail under Cr. PC would also be applicable for the cases registered under the provisions of the POCSO Act
Delhi High Court has granted bail to a man accused under POCSO Act for consensual relationship with a minor girl.

shyam lal (Querist) 27 December 2023
Advocate Kalaiselvan helpful info much appreciated

shyam lal (Querist) 27 December 2023
In continuation charge sheet filed and copy given to the accused ..what next ,? Where should the accused aply for bail...

T. Kalaiselvan, Advocate (Expert) 28 December 2023
If the accused is arrested then he can file the bail application in the trial court itself.

shyam lal (Querist) 28 December 2023
Advocate Kalaiselvan to sum up i would like to know what generally is the fee charged by lawyers in respect to getting bail only .as per charges mentioned here in..

T. Kalaiselvan, Advocate (Expert) 29 December 2023
The lawyer fee cannot be discussed here because the fee charged by various lawyer would be different from each other.
It depends on the lawyer who you may desire to engage for this purpose.

shyam lal (Querist) 29 December 2023
You are right
The fact is there is no law for lawyers since they them self can not assure Cure for any problem.One should not get offended.

Thanks Happy new year.

T. Kalaiselvan, Advocate (Expert) 30 December 2023
You are welcome for your opinions, happy new year to you too

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