• POCSO

My uncle is making false allegation against me in the name of pocso. He is mentaly torturing me for more than 2 years if i did marry a girl of his interest. If i marry against his will he will file case against me including his daughter who has affair with me 4 years ago(we stopped it earlier). What can i do..My uncle is a police man.And he is telling that he will pocso with the wattsapp chat i done with her 4 years ago..he and his wife now is torturing and mentally harrasing me through phone and i have recorded everything. And i also asked at her daughter if she is having any problem ..and now she has messaged me that she dont have any problem with this but her parents are making this problem due to some family issues.what shall i do ..shall i proceed with my marriage or not
Asked 4 days ago in Criminal Law
Religion: Hindu

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18 Answers

Go ahead with marriage. There threats will use in your defence. Hope girl will deny of any physical relation. 

Yogendra Singh Rajawat
Advocate, Jaipur
21094 Answers
31 Consultations

4.4 on 5.0

No need to bow down to pressure tactics 

 

2) marry girl of your choice 

 

3) if any false case is filed apply for and obtain Anticipatory bail from sessions court 

Ajay Sethi
Advocate, Mumbai
78484 Answers
4708 Consultations

5.0 on 5.0

Kindly check what is relationship with your uncle's daughter.

 

Whether she is maternal uncle daughter or your paternal uncle daughter ?

 

If she is maternal uncle than can proceed with her a marriage and close the issue or check with the girl if she above 18 years than no need to take concern about uncle.

Ganesh Kadam
Advocate, Pune
11382 Answers
103 Consultations

4.9 on 5.0

You can continue for the same. File a police complaint against uncle if he is harassing you. 

Prashant Nayak
Advocate, Mumbai
21783 Answers
45 Consultations

4.4 on 5.0

- Since, your uncle is blackmailing you in the garb of affair of his daughter done 4 years ago.

- Hence , you can lodge a complaint against him before the police and higher official for his said acts. 

- Further, if no response , then file a complaint before the magistrate . 

Mohammed Shahzad
Advocate, Delhi
5134 Answers
50 Consultations

5.0 on 5.0

Restriction on marriage is a coercion. You can file complaint against it. And if the daughter of your uncle has attain the age of majority. Then aske her to give consent for not filing any complaint against you, also If there is no force/assult/harassment between you and your uncle's daughter, then POCSO will not apply. 

Sanjeev Gupta
Advocate, East Delhi
57 Answers
1 Consultation

5.0 on 5.0

1. In order to safe guard yourself against any probable false legal case on you, you will need to talk to the daughter "in confidence" and record her statement before the court "oath commissioner" or "registrar", which should be in your favor.  This is possible only if Girl is of major age (18 years) and gives her statement without knowledge of her parents.

2. The above shall be final & irrefutable in your favor and NOBODY will be able to file any case against you.

 

 

Hemant Agarwal
Advocate, Mumbai
5331 Answers
25 Consultations

5.0 on 5.0

You may proceed with your marriage. 

Please disclose what is your age ?

What is age of daughter of your uncle?

This would enable us to answer your question whether your uncle can implicate you in POCSO case.

Ramesh Pandey
Advocate, Mumbai
2280 Answers
7 Consultations

5.0 on 5.0

1. D not worry and go to the Police.

2. Lodge a complaint of extortion and criminal intimidation and after lodging the complaint do meet the Senior officers so action is taken against him through internal channel.

3. Alternatively file petition u/s 156(3) crc.

4. If you do not want to confront your uncle then just move away from him and severe all connections with him. 

Devajyoti Barman
Advocate, Kolkata
21380 Answers
306 Consultations

5.0 on 5.0

File a police complaint against him to higher police officials by presenting the chats ypu have

Rahul Jatain
Advocate, Rohtak
5056 Answers
4 Consultations

4.8 on 5.0

Dear Client,

You may register an FIR against you are uncle and aunt for mentally her harassing and threatening in the nearest police station. You make it recordings of your uncle intact with you so that you may sho this recording in the courd whenever required. Don't show the recordings in the police station.

Jaswant Singh
Advocate, Gurugram
770 Answers
2 Consultations

4.8 on 5.0

You consult a lawyer and issue a legal notice to your uncle warning him to refrain from indulging in such illegal activities in future.

If he  fails to respond or still threatens then you can give a complaint against him with the top police officer of the city along with the copy of the legal notice and seek protection and relief.

 

T Kalaiselvan
Advocate, Vellore
68510 Answers
918 Consultations

5.0 on 5.0

Before going to worry about false case , think about the what the law says. The POCSO Act, 2012 is a comprehensive law to provide for the protection of children from the offences of sexual assault, sexual harassment and pornography, while safeguarding the interests of the child at every stage of the judicial process by incorporating child-friendly mechanisms for reporting, recording of evidence, investigation and speedy trial of offences through designated Special Courts. 

The said Act defines a child as any person below eighteen years of age, and defines different forms of sexual abuse, including penetrative and non-penetrative assault, as well as  sexual harassment and pornography, and deems a sexual assault to be “aggravated” under certain  circumstances, such as when the abused child is mentally ill or when the abuse is committed by a person in a position of trust or authority vis-à-vis the child, like a family member, police officer, teacher, or doctor. People who traffick children for sexual purposes are also punishable under  the provisions relating to abetment in the said Act. The said Act prescribes stringent punishment graded as per the gravity of the offence, with a maximum term of rigorous imprisonment for life,and fine.

In your case you have evidence with regard to the threat. So better you file a complaint before SP of police against your uncle and marry any person as per your own wish. If he file false case approach the propr court for anticipatory bail.

Ajay N S
Advocate, Ernakulam
3568 Answers
71 Consultations

5.0 on 5.0

1. You should lodge FIR against your uncle and his wife for harassing and blackmailing for false cases against you.

2. You should proceed with your marriage.

Mohit Kapoor
Advocate, Rohtak
10302 Answers
7 Consultations

5.0 on 5.0

no need to worry, You are adult and you have all the liberty to live your life as per your wish if you do not want to get married it is your only your decision.

 

Mohammed Mujeeb
Advocate, Hyderabad
18398 Answers
11 Consultations

4.5 on 5.0

Dear sir,

There is no need to bow down to these pressure tactics. 

You can give a written complaint to the Superintendent of Police in your district against your uncle stating all the facts along with the copy of the the threat recordings 

And then marry the girl of your choice. 

In case a complaint is registered against you, you can obtain an anticipatory bail and defend yourself. 

Best wishes. 

Agam Sharma
Advocate, New Delhi
514 Answers
4 Consultations

5.0 on 5.0

Dear Sir/Madam,

You are suggested to file the complaint in the department of the uncle for committing such mental torture and harassment to you. 

Ganesh Singh
Advocate, New Delhi
6225 Answers
13 Consultations

4.5 on 5.0

If the girl was a minor when she was assaulted by you or you had an affair with her then irrespective of what she thinks her parents may lodge a complaint against you.

Rahul Mishra
Advocate, Lucknow
11135 Answers
19 Consultations

5.0 on 5.0

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