Bail under ipc & pocso act
Umeshpratap Singh
(Querist) 14 December 2014
This query is : Resolved
Restected Sirs,
One minor arrested by police under charge of Sections 363, 366A & 376 of IPC and 4,8,5,12 of POCSO Act. Police falsely implicated his of 20years age. JC done. From my point of view I'll go to Juvenile Court. what are the chances of Acquittal?? I read that if minors eloped for marriage purpose it does not amount an offence...is it so?
Please Guide
Thanks & regards
Devajyoti Barman
(Expert) 14 December 2014
There is no such relaxation. Only he will be treated as minor and is not subject to detention in correctional home for more than 3 years.
Dr J C Vashista
(Expert) 15 December 2014
I agree with expert Mr. Devajyoti Barman.
ajay sethi
(Expert) 15 December 2014
agree with Mr barman
Rajendra K Goyal
(Expert) 15 December 2014
Agree with the expert devajyoti Barman ji.
malipeddi jaggarao
(Expert) 16 December 2014
If a major eloped with a minor the offence is more serious. You do not get any relaxation. Fight the case on merits. If you can prove that you are minor at the time of eloping the girl, you will not be acquitted from the offence, but will be as juvenile and if sentenced, you will to sent to juvenile home if you are still minor at the time of awarding the punishment. Hope you might have attained majority in the meanwhile. Hence instead of searching for escape, fight the case of merits.
Gagandeep Goel
(Expert) 25 February 2015
Hello There
The age of the boy seems to be 20 years and hence he is not a minor and shall not be given any relaxation.
As per the latest amendment to the law relating to the sexual offences, the consent factor is not even considered by the courts for the victims below 18 years.
hence no respite, but the merits of the case can be decisive in reducing the sentence.
T. Kalaiselvan, Advocate
(Expert) 22 December 2014
