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Arrest under section 6 of POCSO
26-Oct-2025 (In Criminal Law)
Nearby house girl aged 15. She given false complaint against my husband regarding sexual harassment before 2years. We don't have how to prove this is false. I have fear if anything happened to him on demand. He didn't did anything. Becoz of her age only, they took complaint under this section. No proof no evidence we have. We have only option testimony. I need an legal advice how to move further and how to take bail upfront
S.Gunasekar advocate Answer.
If your husband is falsely accused under POCSO (Protection of Children from Sexual Offences Act):
1. Engage an experienced criminal lawyer immediately – preferably one handling POCSO or sexual offence cases.
2. Apply for Anticipatory Bail (Section 438 CrPC) in the Sessions Court or High Court before arrest.
3. Collect supportive evidence — CCTV, messages, witness statements, or proof of absence from the place/time alleged.
4. During trial, focus on cross-examination of the girl to highlight contradictions and false motive.
5. Avoid contacting the complainant or her family directly.
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Adv. S Gunasekar
Adv. S Gunasekar
Chennai | 100+ Answers
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In such cases, it is very important to immediately apply for anticipatory bail under Section 482 BNSS before the Sessions Court/High Court to protect your husband from arrest. Since the complainant is a minor, the case may fall under POCSO provisions, so the police will register it seriously even without independent evidence. Your defence will rest on cross-examination of the complainant, highlighting inconsistencies and lack of corroboration. You should collect any material (CCTV, neighbours’ testimony, prior enmity, delay in filing complaint) that supports your husband’s innocence. Do not make statements directly to police without your lawyer’s guidance. Contest the case in trial and, if needed, file a petition for quashing under Section 482 Cr.P.C. if clear mala fides are shown. Engage a criminal lawyer urgently to move for bail and prepare the defence strategy.
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Dear Client,
1. Since the complaint involves a minor, the case likely falls under POCSO Act, which is very strict. Your husband should immediately apply for anticipatory bail through a criminal lawyer to avoid arrest. Collect and preserve all possible evidence (messages, witnesses, alibi) to prove falsity. Once bail is granted, you can move to quash the FIR in the High Court if there’s no proof or inconsistencies in the complaint. Do not contact the complainant directly — handle everything legally through court.
2. Consult an advocate to discuss your case in brief.
3. You may schedule an appointment regarding your case by phone or email at your convenience.
Thanks & regards,
Priyanka
Advocate
Coimbatore
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Adv. Priyanka
Adv. Priyanka
Coimbatore | 100+ Answers
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Based on your description, the matter appears to involve a false allegation under the POCSO Act filed two years ago against your husband.
Please note that such cases require a careful legal strategy. We can assist you with:
1. Reviewing the FIR and charge sheet (if filed) to identify any procedural or factual lapses.
2. Filing for anticipatory bail or regular bail, depending on the current case status.
3. Preparing a defence based on inconsistencies, lack of medical or corroborative evidence, and the credibility of the complainant’s testimony.
4. Collecting supporting material—such as witness statements, CCTV footage, or communication records—to establish that the complaint is false.
You are advised not to contact the complainant or her family directly, as it could be misinterpreted. Instead, we can file appropriate petitions before the court seeking protection and legal remedy.
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Adv. Venkatakrishnan A M
Adv. Venkatakrishnan A M
Chennai | 50+ Answers
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