Pocso section 5 and 6 and Getting a bail.

245 votes

POCSO (Protection of Children from Sexual Offences) Act, 2012 is a special law enacted to protect children from sexual offences. The Act provides for stringent punishment for sexual offences against children and prescribes certain special procedures for the investigation and trial of such cases.
 
In a POCSO case under sections 5 and 6 of the POCSO Act, which pertain to aggravated penetrative sexual assault, the chances of getting bail are generally low, especially if the investigation is ongoing and there is no evidence in favour of the accused. The court will consider various factors, such as the severity of the offence, the age of the victim, the evidence available, the possibility of the accused tampering with the evidence or influencing the witnesses, and the likelihood of the accused absconding if released on bail.
 
In general, the courts are usually very cautious while granting bail in POCSO cases as the offence is considered heinous and the victim is a child. The courts may even consider the mere allegation of the offence as strong evidence against the accused. However, the courts will also take into account the principles of natural justice and the presumption of innocence in favour of the accused.
 

LawRato LawRato

551 votes

Though the chances of getting bail in POCSO cases from sessions court is not high but there is a good chance that bail will be granted as there is no evidence.
Bail is the rule and jail is the exception. No undertrial accused can be kept in jail till infinity as he is innocent until proven guilty!!
Further, conclusive advice can be given after going through the FIR and deducing the evidence.

Advocate Karan Singh Khanuja LawRato

877 votes

chances are miniscule, however it is not impossible I will say to get the bail. further records need to be persued in order to comment upon bail chances from the upper court as well. you can reach us here

Advocate Pawan Prakash Pathak LawRato

752 votes

Respected sir
you're want to know about bail and you also stated that what are chance of bail in pocso act section 5and 6 with no evedence and going investigation in case .now if you are interested then you can call me thereafter I give you proper advise.

Advocate Ravindra Kumar Panwar LawRato