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Joseph Fernandez   10 March 2018

chargesheet

How to file chargesheet in pocso case ? timelimit ? can accused get bail ? if so how can he be re arrested or remanded in custody?


Learning

 4 Replies

Joseph Fernandez   10 March 2018

accused got bail after 30 days, as he got infected with chickenpox in custody.

TGK REDDI   10 March 2018

A Charge Sheet is exclusively filed by the police after filing a Complaint and after investigating the matter.      No time limit.    But can't be deferred unduly.

If the offence is bailable, bail must be given by the Court after the fulfilment of the requirements.

Court has the discretion to give bail in non-bailable offences also.      In a few cases trial Court has no powers to give bail.      The Sessions Court has unfettered powers equivalent to that of High Court in granting bail.

Police can't arrest a person who's on bail for the same offence.      Bail can be withdrawn by the Court which granted it.      Reasons must, however, be recorded.

in a few cases.     I've said above.     If you want to know about them, post the question in this same thread.


(Guest)

In a case of penetrative s*xual assault, the special juvenile police unit/local police must report the matter to Child Welfare Committee and/or Special/Sessions Court within 24 hours time of receipt of such incidence report. As charges framed under this law are non-bailable, it is likely that the Sessions Court may reject his bail application. Even if accused obtains bail on medical grounds, stringent conditions would be imposed by this court, including non-contact with the traumatized child. He may, however, be rearrested & his bail cancelled by either Magistrate's court u/437 or High Court u/Section 439 CrPC if he violates the bail conditions..

Joseph Fernandez   14 March 2018

Thanks for valuable information and suggestions

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