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Discharge due to non compliance of section 164crpc


04-Sep-2023 (In Criminal Law)
I am chargesheeted under section 164crpc and pocso act section 8and 12 in police report but no statement of the victim was recorded under section 164 crpc and no report was made to CWC under section 19 of pocso act. Can I be discharged at the time of charges framing by court? Age of victim at the time of said offence was 16 years.
Answers (1)

Answer #1
676 votes
You cannot be charged under section 164Cr.p.c, it does not contain any offence.
Yes, you can get discharged but the discharge application is to be filed before the charges are framed, so ensure that it is filed timely.

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