Pocso. act.
shyam lal
(Querist) 08 September 2024
This query is : Resolved
Charges are yet to be framed in the Posco case accused is in Judicial custody for the last one year in this situation can the accused apply for bail under the present new Law.
kavksatyanarayana
(Expert) 08 September 2024
The accused may get Bail under Sections 5 and 6 of the POCSO Act. If the investigation is ongoing, the victim's statement is the most important consideration for granting Bail.
T. Kalaiselvan, Advocate
(Expert) 10 September 2024
In general, bail is not easily granted in POCSO (Protection of Children from Sexual Offences) Act cases, as all offenses under the act are non-bailable. However, there are some exceptions, such as when the accused can prove they are being falsely charged. For example, the Supreme Court granted bail to an accused in a POCSO case where the accused had been in jail for over four years. The court ruled that the accused was entitled to bail pending trial, especially since no prior record of the accused's antecedents was available.
The courts while dealing with cases arising out of the POCSO Act, a Court is called upon to balance the “public cause” of the society at large against the “private interest/right”. Therefore, in cases of grant of bail, it is required to take into consideration various factors primarily including the nature of the offence, the heinousness of the crime, the punishment involved, and the role of the accused. The Court is also required to examine if there is a prima facie case made out against the accused or if there is a reasonable doubt created in the mind of the Court for granting bail to the accused. Therefore, in addition of the aforesaid conditions, a Court would be mindful of the purposes, objects, and reasons of the POCSO Act supplemental with the basic settled position enshrined in Section 438 of the CrPC and Section 439 of CrPC as held by the Supreme Court in various decisions.
