LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

treza bhat   01 April 2023

Bail in posco

My Family member is acused under POSCO he was given MCR till 31st but now the judge is on leave so he is still inside.The victim is willing to take back the case what can I do ??


 4 Replies

T. Kalaiselvan, Advocate (Advocate)     01 April 2023

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.

The Punjab and Haryana High Court has observed that an offence under POCSO Act, which is a special statute, cannot be quashed on the basis of any compromise or matrimony between the accused and the prosecutrix.The bench of Justice Suvir Sehgal also stressed that the subsequent marriage of the accused with the prosecutrix/victim would not dilute the offence under POCSO Act .

The Supreme Court has agreed to examine a legal question of whether Protection of Children from Sexual Offences (POCSO) Act cases can be quashed on the basis of compromise between the accused and the victim. A bench of justices Ajay Rastogi and A S Oka stayed a Kerala High Court order, dated August 26, 2019, quashing a first information report (FIR) registered against an accused under the POCSO Act, 2012 only on the basis of a compromise being carried out between the parties.

The apex court issued a notice on the appeal filed by the Kerala government against the order.

The accused in this case, a teacher by profession, was booked for offences under sections of the POCSO Act that pertain to those, being on the management or staff of an educational institution or religious institution, commit s*xual assault on a child in that institution.

The accused in this case was booked for offences under Sections 9(f) and 10 of the POCSO Act.

Whoever, commits aggravated s*xual assault shall be punished with imprisonment of either descripttion for a term which shall not be less than five years but which may extend to seven years, and shall also be liable to fine.

Section 10 incorporates POCSO Act punishment for an offence committed under section 9 of the act. According to this section, an offence under section 9 is punishable with an imprisonment of any descripttion for a term that is not less than five years and may extend to 7 years with a fine.

Since the POCSO act is serious, it will be difficult to get enlarged on bail immediately.

2 Like

treza bhat   01 April 2023


Shakti Maan (lawyer at Supreme Court delhi 9650334626)     01 April 2023

As you say the victim want to settle the matter, then filed a joint petition for quashing of FIR in the Hon'ble High Court under section 482 of Cr.P.C. Thereafter scrutiny of the facts and circumstances and gravity of the offence, if the Hon’ble High Court satisfied with the terms and conditions between the parties regarding compromise, then the High court can quash the FIR.


2 Like

devesh sirohi   06 April 2023

itna chakkar m mat pado...
court m application do victim ko talab karwa kar dobara se statement record karwao usi ke base par court ka judgement apke favour m ho jayega ... recently maine 376/posco/sc/st le case ko aise hi khatam kiya h

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register