How to handle false accusations under POSCO

1. If you are the accused in a POCSO case and the police have refused to share a copy of the FIR (First Information Report) with you, you can file an application under Section 156(3) of the Code of Criminal Procedure, 1973, before the Magistrate Court, seeking direction to the police to conduct a fair investigation and to provide you with a copy of the FIR.
   On the basis of the FIR, you will be able to seek bail from the Court.

2. Additionally against the false case against you, you may choose to file an FIR under Section 182 and 211 Indian Penal Code, 1860 ("IPC") against the complainant who is falsely prosecuting you.
    - Section 182 - False information, with intent to cause public servant to use his lawful power to the injury of another person: This section deals with cases where a person gives false information to a public servant, with the intention of causing them to use their lawful power to harm another person. The punishment for this offence can be imprisonment for up to six months, or a fine, or both.
    - Section 211 - False charge of an offence made with intent to injure: This section deals with cases where a person makes a false charge of an offence with the intent to cause harm to another person. The punishment for this offence can be imprisonment for up to two years, or a fine, or both.

3. You can also get the false case quashed under Section 482, CrPC: You can get the false complaint quashed by the High Court and for doing so, you can file a petition under Section 482 CrPC which empowers the High Court to quash criminal proceedings against an accused.

It is important for you to know that when a person is arrested under the Criminal Procedure Code (CrPC), they have several rights that are guaranteed by law. These rights include:

• Right to be informed of the grounds of arrest: The person being arrested must be informed of the grounds for their arrest and the reasons for their detention.

• Right to be produced before a Magistrate: The person arrested must be produced before a Magistrate within 24 hours of their arrest, excluding the time necessary for the journey from the place of arrest to the Magistrate's court.

• Right to legal representation: The person arrested has the right to be represented by a lawyer of their choice. If they cannot afford a lawyer, the court will provide one for them.

• Right to silence: The person arrested has the right to remain silent and not incriminate themselves.

• Right to medical examination: The person arrested has the right to be medically examined after their arrest and again if they are remanded to custody.

• Right to bail: The person arrested has the right to apply for bail. If the offence is non-bailable (as are most offences under the POCSO Act), the accused will not have an automatic right to bail, and they will have to apply for bail before the court. The court will consider various factors such as the seriousness of the offence, the likelihood of the accused absconding, the potential danger to society, and the possibility of the accused tampering with evidence, before granting bail. The right to bail is an important right for a person who has been arrested under the CrPC.

• Right to protection against illegal detention and torture: The person arrested has the right to be protected against any kind of illegal detention, torture, or inhuman treatment.

These rights are important safeguards to ensure that the person arrested is treated fairly and with dignity, and they are essential to protect the fundamental rights of the individual.