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Rajdeep Darbar   11 November 2023

pocso case applicable

posco act section 12 in applicable sc Arnesh Kumar v. State of BiharĀ ?


 8 Replies

T. Kalaiselvan, Advocate (Advocate)     11 November 2023

Section 12 of the POCSO act states:

Whoever, commits s*xual harassment upon a child shall be punished with imprisonment of either descripttion for a term which may extend to three years and shall also be liable to fine.


Arnesh Kumar Guidelines or Arnesh Kumar vs State of Bihar (2014) is a landmark judgement of the Indian Supreme Court, stating arrests should be an exception. 

 in cases where the punishment is less than seven years of imprisonment. 

The guidelines asked the police to determine whether an arrest was necessary under the provisions of Section 41 of the Criminal Procedure Code (CrPC).

Police officers have a responsibility to guarantee that the principles established by the Supreme Court in its numerous decisions are followed by the investigating officers.

Before authorising further detention, the judicial magistrate must read the police officer's report and make sure they are satisfied.

The decision was welcomed by men's right activists but was criticised by women rights activists.

Legal proceedings can be initiated against the police officials if the procedure for arrest under Section 41A CrPC and Arnesh Kumar Guidelines are violated.

Now what is your question in this regard?

Rajdeep Darbar   11 November 2023

thank you sir no question any one

T. Kalaiselvan, Advocate (Advocate)     12 November 2023

You are welcome 

Dr. J C Vashista (Advocate and Legal Consultant)     12 November 2023

I agree with advise of expert Mr. T Kalaiselvan.

However, the Supreme Court of India, in Paragraph 13 of its judgment in Arnesh Kumar vs State of Bihar, issued directions to prevent unnecessary arrests by police officers and unwarranted detention authorised by magistrates for offences under section 498A IPC

Rajdeep Darbar   12 November 2023

I know sir and thanks but my doubt only this judgement applicable in pocso case

Laxmi Kant Joshi (Advocate )     12 November 2023

If the punishment is 7 or upto 7 years in a certain offence then the Police have to follow SC guidelines and issue a 41A crpc notice to the accused for investigation, in sec 12 posco the punishment is upto 3 years .

Rajdeep Darbar   12 November 2023

Yes sir but it is POCSO special act category but my confusion is this ruling is applicable in case of POCSO?

P. Venu (Advocate)     17 November 2023

What is the context for this query?

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