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shekar sharma   30 October 2024

Protection of children from sexual offences (pocso) act, 2012

A lady named Tejaswini faced some s*xual abuse when she was just 7 years old and nobody knew about this as she did not have enough information regarding what happened to her in actuality. Now when she is mature enough, she is in a healthy marriage with Shekhar who understands her well and supports her in every possible manner. She is afraid to tell him about the abuse she suffered in childhood as the one who harassed her is a family member of hers. After finding out all this situation, her husband, Shekhar, wants to file a complaint against the harasser to get him punished. What legal measures the couple can take in this situation as the incident happened such a long ago?



 4 Replies

P. Venu (Advocate)     30 October 2024

FIR could be filed. However, the victim is the prime witness in the proceedings and the experience could be quite traumatic as well.

T. Kalaiselvan, Advocate (Advocate)     30 October 2024

It will be too late to file a criminal case because there can be no evidence to prove her tale if it is presumed to be true.

She has to lodge a criminal complaint with the local police and see how she can establish her story before police

Real Soul.... (LEGAL)     31 October 2024

She can very well file an FIR and proceed with criminal complaint, she should lodge the FIR so as to punish the criminal, such socail evils should be certainly bought to justice

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     31 October 2024

While the incident occurred long ago, the couple can still take legal measures.

Since the incident involves s*xual harassment of a minor, the Protection of Children from Sexual Offences (POCSO) Act, 2012, is applicable. 

Here's what they can do: 

1. File a complaint: Shekhar can file a complaint with the local police station, even if the incident happened long ago.

 The police will register an FIR (First Information Report) and investigate the case.

2. POCSO Act: Since the victim was a minor at the time of the incident, the case falls under the POCSO Act. This act provides for stringent punishment for s*xual offenses against children. 

3. Section 467 (2): This section of the POCSO Act states that there is no time limit for filing a complaint. However, the court may consider the delay in filing the complaint and its impact on the case. 

4. Counseling and support: The couple can seek counseling and support from organizations that specialize in child s*xual abuse cases. 

5. Legal representation: They can consult a lawyer specializing in POCSO cases to guide them through the legal process and ensure justice is served. Remember, the POCSO Act prioritizes the best interests and well-being of the child. 

The couple can take legal measures to ensure the harasser is punished, even if the incident happened long ago.


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