• POSCO

My wife left home with my 3yr old daughter. 
She is threatening for POSCO. I want to understand
1. How easy is it for mother to file Posco on father? 
2. How difficult will it be to get a bail?
3. How high is chances of conviction against father?
Asked 4 months ago in Criminal Law
Religion: Hindu

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7 Answers

Record her threats 

 

file police complaint t against wife threatening to file false case against you 

 

3) it is not easy to file POSCO on father 

 

4) it is difficult to get bail in POSCO cases 

 

 

Ajay Sethi
Advocate, Mumbai
96426 Answers
7773 Consultations

1.  Record the threatening by your wife to file false Posco case against you.

2.   Based on the evidence of her threat to file false Posco case against you, file a complaint against your wife in the jurisdictional Police Station before your wife files a false complaint against you.

Shashidhar S. Sastry
Advocate, Bangalore
5323 Answers
327 Consultations

Instead of allowing her to initiate criminal action against you, you rush to the police station with a criminal complaint against her for threatening you with false criminal complaint including a complaint under POCSO act.

If your wife had voluntarily left the matrimonial home, you may decide about whether to continue the married life with this arrogant wife or to dissolve the marriage by a decree of divorce through court of law.

The women can go to any extreme to take revenge against their husbands and their close relatives, hence you may have to take precautionary measures accordingly.

 

T Kalaiselvan
Advocate, Vellore
86630 Answers
2315 Consultations

Dear client, 

As per  sections 19 and 21 of the POCSO Act, it is mandatory for anyone aware of any instance of child sexual abuse to report it to the Special Juvenile Unit of the police. This report must be documented in writing. The POCSO Act permits anyone, not just the victim or their guardians, to file a complaint. The Act defines a child as a person below 18 years of age thereby fixes the age of consent at 18 years. Offence POCSO offenses are generally  non-bailable, meaning that bail is not guaranteed and is subject to the court's discretion. The court will evaluate the gravity of the charges, the evidence provided, and the potential danger to the child before deciding on bail. Effective legal representation can assist in making a case for bail, but it remains difficult due to the severity of the allegations.

According to your second question there is chances to get bail on certain grounds The consistent delays by the state police department in filing chargesheets for cases under the Protection of Children from Sexual Offences (POCSO) Act have led to the release of several accused individuals on bail. Investigating Officers often fail to arrest the accused or file the chargesheet within the mandatory 90-day period, indirectly benefiting the accused and delaying justice. 

chances of conviction: In a recent ruling, the Delhi High Court highlighted that according to Section 29 of the Protection of Children from Sexual Offences Act 2012 (POCSO Act), the presumption of guilt applies only once the prosecution has established the fundamental facts of the case beyond a reasonable doubt.

Thank you.

Anik Miu
Advocate, Bangalore
9981 Answers
117 Consultations

- The full form of POCSO is the protection of children from of sexual offences.

- This  Act has been enacted to protect children from offences of sexual assault, sexual harassment and pornography.

1. There must be a proof of sexual harassment and only allegation is not enough 

- However, you can give a written complaint for your safety before the police and higher official against your wife for threatening to involve you in false criminal cases including POSCO Act. 

2.  If there is proof of sexual harassment then very difficult to get bail 

3. Since, there is matrimonial disputes between the husband and wife, then court will see on this angle at the time of deciding the case.

Mohammed Shahzad
Advocate, Delhi
14242 Answers
216 Consultations

You can seek anticipatory bail if you feel false case will be filed against you

Prashant Nayak
Advocate, Mumbai
32330 Answers
194 Consultations

 

  • Ease of filing a POCSO case: In India, anyone can file a POCSO (Protection of Children from Sexual Offences) complaint if they suspect a child has been sexually abused. In your case, if your wife files a complaint, the police are legally obligated to investigate. However, the burden of proof lies with the prosecution to establish the charges beyond a reasonable doubt.

  • Difficulty in getting bail: In POCSO cases, obtaining bail can be difficult, especially during the initial stages of investigation. The severity of the alleged offense, the risk of the accused fleeing or tampering with evidence, and the potential threat to the child's safety are all considered when deciding bail applications.

  • Chances of conviction against father: The chances of conviction depend heavily on the evidence presented in court. If your wife's accusations are false, you can provide evidence to counter them and prove your innocence. It's essential to have a strong legal defense team to navigate this situation effectively.

 

Romesh Pratap Singh
Advocate, Gwalior
23 Answers

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