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How to prove false allegation under pocso act ?


17-Jul-2024 (In Criminal Law)
Hi, my brother was arrested today under a false POCSO case. The police did not provide exact details and refused to give us a copy of the FIR or disclose the exact allegations. First, we need to secure his bail and then prove his innocence. The information we have so far is: My brother is a store manager at a Nike store in Gurgaon. A customer visited the store on May 19, 2017, along with their 6-7-year-old daughter. The father asked my brother to look after the child while he shopped. At one point, the girl kicked a football towards the trial room area, and my brother went to pick it up. The girl followed him to that area, which was out of CCTV range for barely a second. Five days later, on May 25, 2017, the parents filed a POCSO Act case against my brother, alleging that he exposed his private parts to the child during that one second. The police are not providing us with the FIR copy.
Answers (5)

Immediate steps: (1) Obtain the FIR copy by asking the SHO for a certified copy (Youth Bar directions allow early supply and police websites/committees for grievances); if refused, apply to the SP and then the court under the BNSS rules requiring supply of the information. [Youth Bar Association v. Union of India -https://indiankanoon.org/doc/151036912/] [BNSS / MHA new criminal laws -https://www.mha.gov.in/en/commoncontent/new-criminal-laws]. (2) Prevent arrest and secure bail: engage an experienced criminal lawyer at once, seek anticipatory bail or urgent interim relief and invoke arrest safeguards laid down by the Supreme Court (Arnesh Kumar and Joginder Kumar arrest guidelines); press the court to direct non-coercive investigation and release on bail if arrest occurs. [Arnesh Kumar v. State of Bihar -https://indiankanoon.org/doc/2982624/] [Joginder Kumar v. State of U.P. -https://www.courtkutchehry.com/judgements/677520/joginder-kumar-vs-state-of-up-and-others/]. (3) Prove innocence: preserve and collect workplace evidence immediately'CCTV/video, access logs, swipe/entry records, visitor registers, time-stamped CCTV stills, colleagues-affidavits, HR records and phone/IT logs; ask the court/police to preserve CCTV/forensic data and order e'evidence collection under the BSA/BNSS procedures. File a carefully drafted bail/quash application (High Court under inherent jurisdiction where appropriate) and, if there is clear mala fides, seek quashing under the Bhajan Lal principles. [State of Haryana v. Bhajan Lal -landmark quashing guidelines]. (4) If the allegation is false, consider filing for prosecution under POCSO Section 22 for false complaint and push for disciplinary/criminal action against the complainant where evidence shows fabrication; simultaneously prepare to expose inconsistencies via cross'examination and expert forensics. [POCSO Act, Section 22 -https://www.latestlaws.com/bare-acts/central-acts-rules/children-laws/protection-children-sexual-offences-act2012/]. Act fast, document everything, and instruct counsel to file preservation/ anticipatory'bail/ quash/ discharge applications as appropriate (courts have repeatedly cautioned against routine arrests and allow quashing only in rare cases; use those precedents). [See Arnesh Kumar and Bhajan Lal cited above].

Answer #1
485 votes

False allegations under the Protection of Children from Sexual Offences (POCSO) Act can have grave consequences for the accused, including wrongful imprisonment, social stigma, and reputational harm. To disprove such allegations, the accused must present strong evidence to establish that the complaint is fabricated or lacks credibility. This may involve cross-examining the complainant, presenting alibis, or producing contradictory evidence such as CCTV footage, medical reports, or witness testimonies. Importantly, the POCSO Act itself contains provisions to penalize false complaints. If a person knowingly makes a false complaint or provides false information, and the allegation is not against a child, they may face up to six months of imprisonment, a fine, or both. If the false accusation concerns a child, the punishment increases to a maximum of one year of imprisonment, a fine, or both. These legal safeguards aim to deter misuse of the Act while protecting genuine victims.

Since this is a false POCSO case, you may file a counter FIR under Section 182 IPC (false information given to a public servant) and Section 211 IPC (false charge of an offense with intent to injure). The false POCSO case punishment for the complainant under these sections includes imprisonment and fines.

Additionally, you can seek to quash the false POCSO case under Section 482 CrPC in the High Court. This section empowers the court to dismiss false and frivolous cases.

It is important to remember that an arrested person has legal rights, including:

  1. The right to be informed about the grounds of arrest.
  2. The right to be presented before a magistrate within 24 hours.
  3. The right to legal representation.
  4. The right to remain silent and not self-incriminate.
  5. The right to apply for bail.

Since most POCSO Act offenses are non-bailable, bail is subject to the court's discretion. If the court finds that the allegations lack merit, bail can be granted.

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Answer #2
913 votes
Your lawyer has the right to obtain the FIR. It is often uploaded online, so if you have the FIR number, you can check for the FIR under the POCSO Act in Hindi or English on the official police portal. Once you get a copy, you can apply for bail. If the case proceeds to trial, you will need to prove the false allegation under the POCSO Act and establish your innocence in court.
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Answer #3
659 votes
In POCSO cases, the Child Welfare Committee (CWC) plays a role before an FIR is registered. They usually assess the child's statement before allowing the case to proceed. If the allegations are fabricated, there may be inconsistencies in the child's statement. The police may have charged your brother under Section 8 or Section 10 of the POCSO Act. If the police refuse to provide an FIR copy, approach a lawyer who can obtain it from the court, as all FIRs are sent to the Magistrate.
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Answer #4
836 votes
First, obtain the FIR to determine the exact POCSO Act sections imposed. Some sections are bailable, while others are non-bailable. Without the FIR, it is difficult to proceed with legal remedies. Consulting an experienced lawyer is crucial at this stage.
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Answer #5
957 votes
Since this is a false POCSO case, you must explore the reasons behind the false FIR. Many false cases are filed due to misunderstandings, personal vendettas, or financial motives. You can legally pressure the police to provide an FIR copy and proceed with legal remedies.
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