(Querist) 04 February 2022
This query is : Open
Respected Sir/Madam/s , An FIR U/s 354 A , 354 D and Section 8 of POCSO Act has been registered by the mother (a poor lady) of victim the day before yesterday. The victim has affirmed her witness before a magistrate yesterday. Still, the accused is at large and when she asked to the IO of the case, she told he has furnished some Bond in the police station. Where as in 498 A cases police immediately arrests the accused, present him before a magistrate. Then, why not in the POCSO which is more heinous, the police has not arrested the accused. Please be kind enough to guide. Regards, Ritesh Ranjan
(Expert) 04 February 2022
The local police shall produce the child before the concerned Child Welfare Committee within 24 hours of receipt of such report, together with reasons in writing as to whether the child is in need of care and protection under sub-section (5) of section 19 of the Act and with a request for a detailed assessment by the CWC. So it takes time.
(Querist) 05 February 2022
Respected Sir/Madam/s, Kindly guide whether Section 8 of the POCSO Act is bailable or non- bailable ?
Adv K Rajasekharan
(Expert) 05 February 2022
In such a case coming under Section 8 of POCSO Act, arrest of the accused is not a compulsory thing for the police to do, as in the case of rape or murder.
Police can exercise their discretion, whether to arrest or not to arrest or when to arrest or when not to arrest etc, depending on the facts and circumstances of the case in hand.
Registration of FIR need not automatically lead to arrest as many people would think. If an arrest is unnecessary the police officer can get punishment.
My article, which outlines the powers that the police have in arrest as per criminal Procedure Code and Supreme Court judgements, is available at https://lawwatch.in/arrest-of-a-person-without-warrant-by-police/
(Expert) 05 February 2022
Dear Querist Immediately file an application before the special court of POCSO Act and demand a status report from the Police, The offence is heinous in nature and they will arrest the accused person.
(Querist) 11 February 2022
Respected K. Rajasekharan Sir, Today only I went through your elaborate and eye opening articleCode and Supreme Court judgements, is available at https://lawwatch.in/arrest-of-a-person-without-warrant-by-police/ Thanks Sir, it's definitely consoling for my desperate soul. Regards.
(Querist) 08 March 2022
Respected Experts, Please go through trailing queries. Yesterday the Police has submitted FRt in this case. I have consulted my lawyers. One of them told that we have to file a Protest Petition before the Hon'ble CJM. In this case he may direct the police to re-investigate. or we may pray to consider our Petition as Complaint Case. If the Police reinvestigates it may again get influenced. BUT, MOST IMPORTANTLY HE TOLD THAT IF the Hon'ble Court agrees to consider the Petition as Complaint Case then it will summon witnesses for Solemn Affirmation and Examination. In this scenario FROM WHERE I WILL PRODUCE WITNESSES IN MY FAVOUR AS CRIMES UNDER POCSO HAVE ULTIMATE MEAGER CHANCES OF WITNESSES, IT IS COMMITTED BY WHITE COLLAR AND INFLUENTIAL PERSONS. Kindly guide what are the options and chances before me to get Justice. I shall be ever grateful. Regards, Ritesh Ranjan
(Querist) 09 March 2022
URGENT GUIDANCE REQUIRED PLEASE.