• Booked under POCSO

am here i ma lady socal activistt   my relative  is booked under pocso for molesting 1 6 years girl..the fir s fled police not obtained remand as he is heart patient one heartoperaton already done ,,,he is now for  14 days in central sabarmati ahmedabad ............is there any way of bail for him or cancellation of fir,,,,,,,,,,,,,?? please do guide  to me.....still police not showed us girl's medical report......
Asked 4 months ago in Criminal Law from Ahmedabad, Gujarat
Religion: Hindu
Whenever the punishment is less than three years of imprisonment, the offence would be non-cognizable and bailable. Any higher term of imprisonment beginning from three years and above would make such offence cognizable and non-bailable. - 

2)under the POCSO Act only the Special Court has been singularly vested with all the powers to try an offence under the Act and to entertain and consider application for bail filed by the accused and to deal with any incidental matter thereto including the power of detention and remand of the accused.

Ajay Sethi
Advocate, Mumbai
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1) doctor can be booked under POCSO act on complaint of girl that doctor has molested her 

2) whether allegations are true and false can only be determined after trial 

Ajay Sethi
Advocate, Mumbai
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Yes, doctor is also a human and can committed an offence, hence can be booled booked.

Immediately file regular bail under section 439 of Cr.P.C. before pocso court, the bail will be grant to him on medical ground too.
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Nadeem Qureshi
Advocate, New Delhi
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1. He can apply for anticipatory bail if he has not been arrested or has not been sent to judicial custody thus far. If he has been sent to judicial custody he can apply for bail. He may get bail on medical grounds if he can prove that he is ailing and his health is going to be further jeopardized if he is to remain in jail.

2. If the FIR is false and vexatious, and can be proved as such, he may move the High Court for the quashing of the FIR.
Ashish Davessar
Advocate, Jaipur
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1) doctor shoukd apply for bail before the special court 

2) as mentioned earlier allegations made by girl has to be proved during trial 
Ajay Sethi
Advocate, Mumbai
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The Protection of Children from Sexual Offences Act (POCSO Act) 2012 was formulated in order to effectively address sexual abuse and sexual exploitation of children.

You have not mentioned that under which section of the act has he been booked for the alleged offences.

However if it is for sexual assault, then the punishment is three years imprisonment.

  In this case he can be enlarged on bail after completion of 15 days in judicial custody.

If he was booked under POCSO act, then the matter will be tried by  a special court.

Your advocate has to produce the documentary evidences for denying he offence and also to produce the medical records pertaining to the ailment of the accused, this may help him to get enlarged on bail.
T Kalaiselvan
Advocate, Vellore
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PROFESSIONALLY BEING DOCTOR ......CAN DOCTOR CAN BE BOOKED UNDER POCSO ACT FOR MOLESTING 16 YEARS GIRL IF HE S CHARGED FALSELY ??.

Doctor is not above law.

There is no exemption to not to book doctor if he is reported to have committed the alleged offence. 

Molestation being an offence, though it my have been falsely foisted agaisnt the doctor, it has to be challenged properly in the trial proceedings with mreits and evidences in your side. 
T Kalaiselvan
Advocate, Vellore
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127 Consultations
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 i heard  provisions of section 3 to 13( both shall not apply in the case of medical  examination or medical treatment of child when such as medical examination is undertaken with the consent of his parents or guardian ( reference by book named sexual offense chapter IX) please guide me in this regard.according doctor statesmen it was doctors fees issue nothing else that y she blamed and charged hIm for molesting her ???

The sections what you refer may not be in connection with the POCSO Act, 2012.

If the doctor has been booked under the provisions of The Protection of Children from Sexual Offences Act (POCSO Act) 2012, then the section you have mentioned to herein above is irrelevant.

All the subjects you have discussed above in this post are matter of trial and not at this stage.


Now you have to concentrate on how get him out on bail and what are the necessary ingredients that have to be taken care in this regard.
T Kalaiselvan
Advocate, Vellore
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Look nothing can be said without perusal of the FIR. The doctor has to either face the trial to prove his innocence, or he may move the High Court for FIR quashing. Your lawyer alone can advise you on this as he has read the FIR.
Ashish Davessar
Advocate, Jaipur
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449 Consultations
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