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False case of POCSO sec 8/12 due to revenge on marital issues


19-Jan-2026 (In Criminal Law)
Due to domestic violence my cousin had come to her parents house and filed complaint against her husband 3 years ago. To take revenge, her husband filed FIR with false accusation on my brother and three other family members with POCSO (sec 8&12)about his daughter. Police gave the report that all these accusations were wrong and closed the case. Cousin went back to her husband. In 2025, he reopened the case at session court with cognition and adding 2 witnesses. Immediate next steps?
Answers (2)

Answer #1
952 votes
Not possible to give answer to such a serious case without seeing case records. I need case number to check out case records and then I'll revert you back. You can contact me through LawRato I'm practicing in Dhanbad Civil Court.
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Advocate Md Azharuddin

Adv. Md Azharuddin

LawRato Dhanbad | 25+ Answers
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Answer #2
944 votes
The immediate next step is to secure anticipatory bail for all accused persons if there is any apprehension of arrest. After appearance before the Court, a discharge application can be filed relying on the earlier closure report, contradictions, and the background of matrimonial dispute to show the case is malicious and baseless. Further other steps can be taken Simultaneously.
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Advocate Rishav Kumar

Adv. Rishav Kumar

LawRatoRanchi | 25+ Answers
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Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

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