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What Should You Do If Police Contact You Regarding A Pocso Complaint?

  • Writer: leadindia400
    leadindia400
  • Oct 4, 2024
  • 5 min read

In India, The Crime Against Children Is Rising Day By Day So The Protection Of Children From Sexual Offences Pocso Act Is Enacted To Help The Victims And Protect The Children From Sexual Offences. Enacted To Protect Minors From Sexual Assaults And Exploitation, The Pocso Act Has Severe Consequences For Those Found Guilty Under This Act.  It Is Critical To Know How To React Appropriately And Defend Your Rights In Such A Case. Recognizing The Nature Of The Complaint Is The First Step. Pocso Addresses A Number Of Charges Associated With Sexual Abuse Of Children, And Accusations May Come From A Variety Of Sources. Your Reaction Will Have A Big Impact On How The Investigation And Any Potential Legal Actions Move, Regardless Of Whether The Claim Is Founded On Miscommunications, Unfounded Allegations, Or Legitimate Concerns.

Getting Legal Counsel In The Right Way After Speaking With The Police Is One Of The Most Important Things You Can Do. It Is Crucial To Work With A Knowledgeable Criminal Law Specialist, Especially In Pocso Matters. 


It's Critical That You Comprehend Your Rights During This Process. You Have The Legal Right To Counsel, The Right To Silence, And The Right To Know The Details Of The Complaint That Has Been Made Against You. Being Aware Of These Rights Enables You To Avoid Self-Incrimination And Makes Decision-Making More Informed. Legal Counsel Can Help You Understand These Rights And Make The Most Of Your Ability To Exercise Them.


What Is the Pocso Act?


Indian Parliament Passed The Pocso Act In 2012 As A Comprehensive Piece Of Law Designed To Protect Minors From Exploitation And Abuse. Its Main Goal Is To Give Children A Legal Framework That Protects Them And Upholds Their Right To A Safe Environment. 

The Act Outlines Several Crimes, Such As Penetrative And Non-Penetrative Sexual Assault, And Imposes Severe Punishments On Violators, With More Severe Penalties For More Serious Offenses. 

In Order To Ensure That The Process Is Considerate Of The Child's Needs, Pocso Also Requires Child-Friendly Protocols To Be Followed During Investigations And Trials. In Addition, It Stresses The Child's Privacy And Confidentiality And Calls For Specific Professionals To Report Suspicions Of Abuse. Poco's Overall Goals Are To Make Society A Safer Place For Children And Help Victims Of Sexual Offences. 

Which Offences Covered Under Pocso Act?

  • Penetrative Sexual Assault (Section 3).

  • Aggravated Penetrative Sexual Assault (Section 5).

  • Sexual Assault (Section7).

  • Aggravated Sexual Assault (Section 9).

  • Sexual Harassment (Section 11).

  • Use Of A Child For Pornographic Purposes. (Section13).

  • Punishment For Using A Child For Pornographic Purposes (Section 14).

  • Punishment For Using A Child For Pornographic Purposes (Section 15).


Rights Of The Person Against Whom Complaint Files:


The Following Rights Are Available To The Person Against Whom Complaint File And Every Person Have To Aware With These Rights To Protect Them From Any False Allegation Under Pocso:


  1. Right To Contact Your Lawyer.

  2. Right To Know About The Allegation And Charges.

  3. Right To Remain Silent Which Question And Statement Will Incriminate You Or Self-Harm.

  4. Right To Fair Trial And Investigation Without Any Fraud And Coercion.

  5. Right To Privacy Of All Details Related To The Person Against Whom A Complaint Is Filed Under Pocso.

  6. Right To Appeal Against The False Case.

  7. Right To Have Compensation Against Defamation.

  8. Right To File A Counter-Case Against Complaint.

  9. Right To Protection Against False Cases And The Burden To Prove Allegations Of Pocso Lies On The Complainant.

  10. Right To Contact The Family Member.


What Are The Steps If Police Contact You Regarding A   Pocso Complaint?


When You Receive The Police Call Regarding The Pocso Complaint File Against You. You Should Take A Step With Care. The Actions You Should Do Are As Follows:


1.Remain Calm: Do Not Lose Your Calm And Do Not Panic.

2.Ask For Legal Counsel: First And Foremost Step Is To Connect With Legal Experts Of Criminal Law Or Pocso Act. It Is Essential To Have Legal Representation To Safeguard Your Rights.

3.Know Your Rights: Recognize Your Rights, Such As The Right To Legal Representation, The Right To Stay Silent, And The Right To Know The Specifics Of The Complaint That Has Been Made Against You.

4.Collect Information: Recognize The Accusations And The Party Who Filed The Complaint. 

5.Never Talk Without Your Lawyer: If Your Attorney Is Not Present, Do Not Give Any Statements To The Police. Your Words Could Be Used Against You.

6.Record Everything: All Conversations You Have With The Police Should Be Documented, Including With The Times, Dates, And Identities Of The Officers You Spoke With.

7.Attend Every Investigation: Talk With Your Lawyer About How To Get Ready For A Police Interview If You Are Requested To Attend One. Recognize Possible Queries And Know How To Answer Them.

8.Preserve Confidentiality: To Safeguard Your Interests, Don’t Discuss The Specifics Of The Case In Public Or With Anybody Who Isn't A Member Of Your Legal Team.

9.Take Legal Advice: In The Whole Process, The Counsel Helps You And Guides All Possible Difficulties And Legal Issues.

10.Seek Emotional Support: Handling These Kinds Of Accusations Can Be Toxic. So, The Person Needs Some Emotional And Mental Support.

These Actions Can Help You Handle The Situation More Skillfully And Safeguard Your Rights While Investigating The False Charge Of Pocso.


Importance Of Legal Advice: The Legal Advice Plays A Very Important Role If A Person Falsely Charges Under The Pocso Act. The Lawyer Knows The Proper Legal Procedure To Save From False Allegations. They Help In The Following Ways:


  • Lawyer Helps The Person To Whom False Allegation Imposed In Understanding The Rights And Obligation Under The Law

  • The Lawyer Protects The Person From False Allegations From Misuse Of Law Against The Person.

  • Lawyers Know All The Complexities Of Legal Procedure So They Provide Solutions Against The False Allegation Under Pocso Act.

  • Lawyer Collects All The Evidence Which Can Help To Prove The False Allegation.

  • Lawyer Appears In Court On Behalf Of The Person.


Conclusion


It Is Important That If You Charge Under Pocso Handle The Police Investigation Calmly. To Successfully Overcome False Charges, It Is Essential To Understand Your Rights And The Legal Safeguards. It Is Usually Advisable To Start By Getting Legal Advice From An Experienced Lawyer With Experience Handling Issues Like This. They Can Represent Your Interests, With Proper Procedure, And Assist You With Details Of The Accusations.


Everything You Say Could Have An Effect On The Inquiry And Investigation. With The Assistance Of Your Legal Representative, Make Sure To Maintain Thorough Records Of All Correspondence And Be Ready To Give Your Side Of The Story. It’s Important To Get Help From Friends, Family While Dealing With Accusations Because It May Be A Difficult And Isolated Experience. 


To Safeguard Your Case, Keep The Details Of The Case Private And Only Discuss Them With Your Lawyer. So, The Difficulties Of A Pocso Complaint Will Be Made Easier If You Are Proactive, Knowledgeable, And Supported. You Can Effectively Defend Your Rights And Make Sure The Legal Procedure Is Done By A Good Lawyer So You Can Save Yourself From False Allegations.


One Can Talk To A Lawyer From Lead India For Any Kind Of Legal Support. In India, Free Legal Advice Online Can Be Obtained At Lead India. Along With Receiving Free Legal Advice Online, One Can Also Ask Questions To The Experts Online Free Through Lead India.


Visit Us: — www.leadindia.law

Call Us: +91–8800788535

 
 
 

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