Q&A

Is bail possible in Pocso case?

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Is bail possible in Pocso case?

The accused booked under provisions of the Protection of Children from Sexual Offences (POCSO) Act, 2012, cannot get benefit of release on bail if trial courts are unable to record evidence of the victim-child within 30 days or complete the trial within one year from the date of taking cognisance of offences, the High …

Which section of Pocso is bailable?

section+12
section+12+pocso+act+is+bailable | India Judgments | Law | CaseMine.

Is Pocso Section 8 bailable?

Barring Section 354 of the IPC and Section 8 of the POCSO Act, all the other sections are bailable.

What are the punishment under the Pocso act?

Section 6 of the POCSO Act lays down that whoever commits aggravated penetrative sexual assault shall be punished with rigorous imprisonment for a term which shall not be less than 20 years, but which may extend to imprisonment for life, which shall mean imprisonment for the remainder of the natural life of that person …

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Who is child under Pocso act?

It is a gender-neutral law By defining a child as ‘any person’ below the age of 18 years, the POCSO Act sets a gender-neutral tone for the legal framework available to child sexual abuse victims. Consequently, a child of any gender who has been sexually wronged has access to the remedies provided under the act.

Is section 12 of Pocso Act bailable?

Section 12 POCSO Act: Bail Not Granted As Offence Is Cognizable And Non Bailable. Thus offences punishable under POCSO Act including Section 12 are cognizable and non-bailable offences.” This is one of the top legal judgments in India.

What IPC 511?

Section 511 in The Indian Penal Code. (a) A makes an attempt to steal some jewels by breaking open a box, and finds after so opening the box, that there is no jewel in it. It makes punishable all attempts to commit offences punishable with imprisonment and not only those punishable with death.

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How do you escape a Posco case?

File the criminal miscellaneous petition before the high coirt to wuash thebcase. Thats the only way to withdraw the case. You cannot withdraw the case from that particular court. A case filed under the POCSO Act can’t br withdrawn as such as it is a non-compoundable offence.

What is the minimum punishment provided under Pocso act?

Why is it so difficult to seek bail in POCSO Act?

Because of the sensitivity of the matter (child being the victim) and stringent provisions involved (presumption against the accused), it is very difficult to seek bail in POCSO ACT, in my this column I will be sharing some focus areas and considerations, wherein the accused persons were granted Bails’ in POCSO Act.

Is POCSO Act cognisable?

All offences under POCSO (Protection of Children from Sexual Offences) Act are considered as grave offences. Cognisable and Non-bailable and the trials are to be conducted by the Court of Sessions. It is such a law that no child below 18 years shall be retained in a Police Station during night.

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Who is a victim of sexual offence under POCSO Act?

Any Child can be a victim of sexual offence or pornography etc. irrespective of gender. ‘Child’ means any person below the age of eighteen years [section 2 (d)]. Under the POCSO Act victim’s gender is immaterial.

Can Ajaib Singh alias Naibu be released on bail?

Thus, petitioner was released on bail on certain conditions (Ajaib Singh Alias Naibu vs State Of Punjab, CRM-M-11469-2020) Though it is difficult to seek bail in POCSO Act, but if we focus on the parameters basis which bails were already granted to accused persons, the courts can grant bail by imposing certain conditions in the interest of Justice.