Criminal Law, Legal

 

If you or your loved one has been charged with POCSO then you need one of the best lawyer in Delhi for POCSO cases in order to protect your interest and getting bail.

The POCSO Act, 2012 came into force with effect from November 14, 2012, along with the Rules framed thereafter. The Act is a comprehensive law enacted with the objective of protecting children from a slew of sexual offences. Sexual offences like sexual assault, sexual harassment and pornography etc.

While safeguarding the interests of the child at every stage of the judicial process by introducing a child-friendly mechanism for reporting, recording of evidence, investigation and speedy trial of offences through special courts.

This law defines a child as any person below the age of 18 years. It defines different forms of sexual offences including penetrative and non-penetrative assault, and even sexual harassment and pornography. 

Why you need best lawyer in delhi for POCSO cases?

Hon’ble Supreme Court in a case titled as Aparna Bhat Vs. State of MP in CRIMINAL APPEAL NO. 329 OF 2021 [@ SPECIAL LEAVE PETITION (CRL.) NO. 2531 OF 2021]

“42. This Court therefore holds that the use of reasoning/language which diminishes the offence and tends to trivialize the survivor, is especially to be avoided under all circumstances. Thus, the following conduct, actions or situations are hereby deemed irrelevant, e.g. – to say that the survivor had in the past consented to such or similar acts or that she behaved promiscuously, or by her acts or clothing, provoked the alleged action of the accused, that she behaved in a manner unbecoming of chaste or “Indian” women, or that she had called upon the situation by her behavior, etc.

These instances are only illustrations of an attitude which should never enter judicial verdicts or orders or be considered relevant while making a judicial decision; they cannot be reasons for granting bail or other such relief. Similarly, imposing conditions that implicitly tend to condone or diminish the harm caused by the accused and have the effect of potentially exposing the survivor to secondary trauma, such as mandating mediation processes in non-compoundable offences, mandating as part of bail conditions, community service (in a manner of speaking with the so-called reformative approach towards the perpetrator of sexual offence) or requiring tendering of apology once or repeatedly, or in any manner getting or being in touch with the survivor, is especially forbidden.

The law does not permit or countenance such conduct, where the survivor can potentially be traumatized many times over or be led into some kind of non-voluntary acceptance, or be compelled by the circumstances to accept and condone behavior what is a serious offence.”

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