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Filing FIR in criminal issue in pocso case


20-Jan-2023 (In Criminal Law)
Hi nIs there any limit for police to file FIR under pocso act?nI am complainant and me and my sister are both the victim of crime...my sister is underage...i have submitted complaint to police station on my behalf still they are not willing to file FIR...they are insisting that first statement of my sister to be recorded in front of PI ...my sister doesn't want to go through all this... can't FIR be first filed based on my statement and then after that my sister can submit her statement to IO?
Answers (3)

Answer #1
678 votes
Statement of victim is first recorded by the police and then first information report FIR is lodged by police against the accused person. You will have to cooperate investigation agency and then it will go after accused.
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Advocate Mohd Atik Iqbal

Adv. Mohd Atik Iqbal

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Answer #2
999 votes
yes on your statement also police can file the FIR and to start the investigation but you sister will have to come before the concerned police officer to give statement, and even if the police are not registering your FIR then you can file private complaint against the accused and seek direction from the court to direct the police station to register your FIR.
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Advocate Kishan Kothari

Adv. Kishan Kothari

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Answer #3
574 votes
Hello, it is mandatory as per supreme court’s guidelines under POCSO cases to register FIR first on anyone’s complaint which is filed in written format. It is also necessary for police to provide lady police officer to register the case. They are under obligation to register and if they refuse then you can approach assistant commissioner of police or deputy superintendent of police with complaint requesting to register FIR and despite this if they don’t do it then you can file an application under Sec 156 of CrPC to get directions from Court to register an FIR.
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Advocate Harshad Garud

Adv. Harshad Garud

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