Explainer: Can it be withdrawn after a complaint under the POCSO Act?
highlights
Any complaint registered under the POCSO Act cannot be withdrawn, it has a complete process.
The Supreme Court has always been not only serious about the cases registered under the POCSO Act, but has also been in favor of being strict.
In the past, there were continuous reports that the minor victim has withdrawn the complaint filed against Braj Bhushan Singh, president of Wrestling Federation of India and Member of Parliament, under the POCSO Act. The statements of the victim’s father also came in the media regarding this. Can it be withdrawn after registering an FIR under the Poxo Act? Law experts say that once a victim or a victim files a complaint under the POCSO Act, it never returns in a straight way. How does it come back? It has a process of its own. Which is not easy at all.
The POCSO Act is in discussion these days. This act has been imposed on Braj Bhushan Singh, President of the Wrestling Federation of India. The minor female wrestler had lodged this complaint against him under the POCSO Act. In the past, suddenly these news became hot in the media that the complaint has been withdrawn, so this matter is now over. Now this act will be removed. Whoever is aware of the seriousness of this law, they know that there is a complete judicial process to return it.
In view of the increasing cases of sexual abuse of children and minors in the country, the POCSO Act was implemented by the government in the year 2012, so that the incidents of child sexual abuse could be curbed. This is a very serious law. Once registered, there is a provision to take very fast action. This Act was implemented by the Ministry of Women and Child Development in the year 2012.
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Question – Can it be withdrawn after a complaint has been lodged under the POCSO Act?
Legal experts believe that this cannot happen at all. Once this complaint is registered, it gets permanently marked in the police records. He then has to act fast on it. It cannot be taken back by the victim or the victim or any person in their family. Nor does it mean to say publicly that this complaint has been withdrawn.
Question – How is a complaint registered under the POCSO Act and how is it special?
In the Poxo Act, the victim or victim is always a minor. His statement is recorded under section 164. It is registered in the form of an FIR and at the same time his entire complaint is also recorded in the form of audio. It is such a perfect record that cannot be tampered with. The police have to act fast as soon as the complaint is registered under this act. Investigation has to be done and its report has to be filed in the court. At the time when this complaint is lodged with the police, at that time his age is told by the father or the mother.
Question – Can the victim or her father or any relative on behalf of the victim plead with the police that this statement was recorded by mistake or it is not correct, so cancel it?
No it can’t happen. No matter what anyone says after the complaint is registered, but this complaint does not go back
Question – So how does this complaint get returned?
– The case of Poxo Act goes directly to the session court. Where the victim has to say before the Judge or Additional Judge that he or she has filed a wrong complaint, he or she wants to withdraw the complaint. Then it depends on the judge’s discretion what they do in it. Usually this is the only place where the police can return after registering a complaint under the POCSO Act. But if the judge wants, he can proceed with the case
Question – Is it also possible that during the investigation the police find that the complainant is an adult even after the complaint has been registered under the POCSO Act, so does this matter get removed from this act?
No, this cannot happen. Whatever report the police submits after investigation, it will be discussed in the court itself, only then will it be considered whether to keep this act in force or to abolish it.
Question – Have some judges also talked about increasing the age in the POCSO Act?
Yes, some former judges of the Supreme Court have said so. From time to time, the Supreme Court has also shown a lot of strictness regarding this and has also made strict provisions. The Supreme Court has always been in favor of zero tolerance and strictness in the matter of this act, because it has many effects on the victim, both psychological and social, with which he always has to fight.
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Tags: BJP MP Brijbhushan Sharan Singh, Brij Bhushan Sharan Singh, POCSO, POCSO act, pocso case, Wrestlers Protest
FIRST PUBLISHED : June 08, 2023, 14:30 IST
