About section 11 and 12 of pocso act....

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From the facts stated by you, it is important to understand that the POCSO Act is a strict law, but its applicability depends on the nature of allegations and available evidence. Mere online chatting or exchange of consensual messages, without any physical meeting, sexual assault, or sharing of obscene images/videos, does not automatically attract offences under POCSO. If a complaint is made by the parents after a long delay, the police are required to conduct a preliminary inquiry and examine the chat content, intent, age proof, and surrounding circumstances. In many such cases, where there is no physical contact, no inducement, no sexual exploitation, and no transmission of obscene material, the matter may not sustain under POCSO and can at most lead to counselling or warning. However, each case is fact-specific, and misuse of POCSO provisions has been recognised by courts. Proper legal representation at the initial stage is crucial to protect your rights, prevent wrongful FIR registration, and seek appropriate remedies such as anticipatory bail or quashing, if required. You should not give any statement without legal advice and preserve all relevant chats and records. A detailed review of facts is necessary before forming a final legal strategy.

Advocate Atanu Patra LawRato