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Pawan Kumar   25 July 2020

Regarding Bail in Sec 354 & Sec 8 of pocso

Is investigating pending can be a ground of rejecting bail in Sec 354 & Sec 8 of Pocso as accused is in custody from 26 June 2020?


 6 Replies

{Balu manikantan} SUBRAMANYAM (Practising Advocate)     26 July 2020

yes generally the police say to the court that the vital part of investigation is on and if the accused is let out on bail the investigation is hindered. But the court keeping the nature of offences and the consequences  may grant bail after giving  reasonable time for the police to complete the investigation. in your case you can get a bail approximately in a month. or he can avail default bail under 167(2) crpc after 60 days as a matter of right.

1 Like

Dr J C Vashista (Advocate)     26 July 2020

It is very difficult to obtain bail in a case u/s 8 of POSCO, 

However, wait till filing of charge-sheet.

No knowlege about Delhi High Court Order dated 25.07.2020 as advised.


Abhijit Mishra   27 July 2020

This is highly objectionable to speak such unkind words to lawyer...

was the Delhi HC bail order related to POCSO act?... second bail in non bailable offence is under discretion of Judge and facts of matter and stage of investigation.. so tbere is no thumb rule... so

Abhijit Mishra   27 July 2020

have u read POSCO act itself.... the act has two main features which makes its different from all other laws..

1) the accused has to prove that he is not guilty.
2) bail provision has not been provided even where there is presumption of harrashment eg 354A to D IPC is bailable but not in POCSO..

regarding preaching, spoke person and authority.... there is a sanskrit sloka 'vidya dadati vinayam'

KUMARI DIVYA   07 September 2020

can this sec is valid for 17 year boy

MASTER GAMING   12 October 2021

can this section 7,8valid for13year old girl??

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