How to handle false accusations under POSCO

25-May-2023 (In Criminal Law)
Hi, My brother was arrested today under a POSCO case. Police did not give exact details of the case, they refused to give us the copy of FIR and what exactly they have accused him of. First, we need to get him bail and then need to get him out of this case. The information so far we have is following - My brother is a store manager in Nike store in Gurgaon. A customer had visited the store on 19th May 2017. They have a 6-7 years old daughter. He had done 3 or 4 visits that day. Father asked my brother to take care of his daughter till he checks out stuff in the store.The girl kicked a football towards trial room area and my brother went to pick it up. The girl followed him to trial room area which was out of CCTV camera for barely a second. After 5 days of this event, the parents had filed a case under POSCO today 25th May 2017, saying that my brother had shown his private parts to the girl during that 1 second. Police refused to share the FIR copy also with us.
Answers (5)

Answer #1
160 votes
  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.

People also ask

What is the penalty for making false complaint or giving false information under Pocso?

In order to prevent abuse of the law, penalties have been implemented for false complaints or false information that is proven with malicious intent. To encourage reporting, the punishment is relatively mild (six months). Section 22 imposes a higher punishment (one year), if a false complaint has been made against an innocent child.

What is misuse of Pocso false allegations?

If it was found that the FIR that the victim filed was fake, the court ordered criminal proceedings to be initiated under Section 344 of the CrPC. The court also ordered that the victim must return any money paid by the state to the victim.

What are the loopholes in the Pocso act?

Below are some of the loopholes: The POCSO act is silent about the way out in the event that the victim child refuses medical examination, but the investigating officer or family members are willing for the child to be examined. 14-Jul-2023

Answer #2
700 votes
Your Lawyer has a right to take the FIR and it is also uploded online , if you have the number of the F I R you can download it you can also apply for the bail, once the police files the chargesheet , rest all you have to prove yourself that you are not guilty of the said offence, during the trial
Answer #3
812 votes
There should be reason behind everything, and why would a child aged 6-7 years shall name a particular person. Even otherwise before an FIR under POCSO is recommended, the CWC - Child welfare committee listens to the child and only then FIR is registered. Even for a false case under POCSO, there has to some nexus. It seems police must have applied section 8 or 10 of POCSO act. IN the event you are not able to procure FIR from police, approach some lawyer, he can get copy of FIR from the court, as copy of every FIR is sent to Concerned Magistrate.

Answer #4
571 votes
hello dear, first of all you need to get the FIR to know what sections the police has imposed upon you. then only one can advice you properly. although i want to tell you in pocso there are few sections which are bailable and few are non bailable. So before going further you need to get the FIR copy.
Answer #5
556 votes
Hello it is false case ..but the there are so many reasons of lodge f.i.r.....Under posco...and you can pressurise the police to give a f.i..r..copy..
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