Searching Case Laws & Precedent on Legal Query.....!
Scanned Judgements…!
Searching Case Laws & Precedent on Legal Query.....!
Scanned Judgements…!
In sensitive cases involving child sexual offenses under the Protection of Children from Sexual Offences (POCSO) Act, 2012, parents, guardians, or other complainants often face uncertainty about police procedures. A common question arises: In a POCSO case, can the police ask the complainant to come to the police station?
This query is crucial for those reporting such incidents, as it touches on balancing swift justice with child-centric protections. Generally, yes, police can request the complainant's presence at the station, particularly for FIR registration and initial steps. However, procedures prioritize the child's safety. This post explores the legal framework, drawing from POCSO guidelines and case insights.
The POCSO Act aims to protect children from sexual abuse, mandating special procedures for complaints. Section 19 requires police to forthwith register FIRs upon receiving information about offenses. This implies coordination with the complainant, often at the police station.
Police Officer or the Special Juvenile Police Unit receiving complaint as to commission or likelihood of commission of offence under the Act shall forthwith register the same in terms of Section 19 of the Act and furnish a copy free of cost to the child and/or his/her parents... NIPUN SAXENA VS UNION OF INDIA - 2018 0 Supreme(SC) 1238
Standard practice involves the complainant providing details for written recording, reading over to the informant, and entry into police records, as per Section 19(2). No provision prohibits summoning the complainant, who is typically an adult distinct from the child victim.
Police duties under POCSO align with CrPC unless overridden. Summoning the complainant facilitates essential steps like FIR lodging without violating child safeguards.
Failure to register promptly invites accountability, reinforcing the need for complainant cooperation at the station.
POCSO emphasizes victim-friendly processes:
Officer-in-Charge of the police station and the Investigating Officer in the case including the Special Juvenile Police Unit shall ensure that the identity of the victim is not disclosed... at the time of recording statement of the victim under section 24 of the Act (which as far as practicable may be done at the residence...) NIPUN SAXENA VS UNION OF INDIA - 2018 0 Supreme(SC) 1238
Statements from the child are preferably recorded at home or a chosen place under Section 24. However, these protections do not extend to the adult complainant. Section 19(5)-(6) requires assessing the child's care needs and reporting to the Child Welfare Committee (CWC) or Special Court within 24 hours—steps often enabled by complainant input at the station.
In practice, families routinely visit stations. For instance, she and her husband along with YY went to police station and gave a complaint. She further deposed that the police recorded victim YY's statement on the same day. B. Mooventhan VS State of Tamil Nadu Rep. By Inspector of Police Nagapattinam - 2023 Supreme(Mad) 2466
Judicial precedents affirm complainant involvement without restricting station summons:
Victim/Complainant Rights: Courts stress informing complainants of investigation outcomes. In the case of partial Final Report also, the complainant/victim should be informed... victim/ complainant to make her able to protest for closure report under POCSO Act. Teja Ram VS State of Rajasthan - 2024 Supreme(Raj) 1305 This underscores active participation, often station-based.
FIR and Complaint Filing: Another case notes complaints directed to police stations: police station to register and investigate the matter... application under Section 156 (3) Cr.P.C. dated 26.8.2021 vide complaint no. 97 of 2021. Mohd. Aarif Alias Aarif VS State Of U. P. - 2023 Supreme(All) 823
Procedural Expectations: Complainants assist in processes like summons service: The complainant can seek reminder to the police station. There is no reason why complainant could not have sought re-issue of summons and taken Hamdast to the police station. Netaji s/o Bhagwanrao Taur VS State of Maharashtra through Chief Secretary, Home Department - 2016 Supreme(Bom) 1942
These examples show complainants engaging with stations as standard, supporting police investigative powers.
While generally permissible, considerations apply:
Documents highlight state lapses in victim care but do not criticize complainant summons. IN RE: Right to Privacy of Adolescents VS . - 2024 6 Supreme 193
Police must forward children for medical aid (Section 27) and Magistrate statements (Section 25), relying on complainant details. NIPUN SAXENA VS UNION OF INDIA - 2018 0 Supreme(SC) 1238 Integrated with CrPC, this supports station requests.
In appeals, procedural flaws like delayed statements are noted, but complainant station visits remain routine. B. Mooventhan VS State of Tamil Nadu Rep. By Inspector of Police Nagapattinam - 2023 Supreme(Mad) 2466
To ensure smooth processes:
In POCSO cases, police may typically ask the complainant to the station for procedural necessities like FIR registration, as no legal bar exists and practices confirm this. NIPUN SAXENA VS UNION OF INDIA - 2018 0 Supreme(SC) 1238IN RE: Right to Privacy of Adolescents VS . - 2024 6 Supreme 193 Child victims receive heightened safeguards, distinguishing them from adult complainants.
Key Takeaways:- Section 19 mandates prompt FIRs, often station-based.- Complainant involvement aids investigations without victim exposure.- Always prioritize child safety; seek legal aid if concerns arise.
Disclaimer: This is general information based on legal guidelines and cases. Procedures may vary; consult a qualified lawyer for advice specific to your situation.
References:- NIPUN SAXENA VS UNION OF INDIA - 2018 0 Supreme(SC) 1238: POCSO police handling guidelines.- IN RE: Right to Privacy of Adolescents VS . - 2024 6 Supreme 193: Case on complaint filing and station actions.- Teja Ram VS State of Rajasthan - 2024 Supreme(Raj) 1305, B. Mooventhan VS State of Tamil Nadu Rep. By Inspector of Police Nagapattinam - 2023 Supreme(Mad) 2466, Mohd. Aarif Alias Aarif VS State Of U. P. - 2023 Supreme(All) 823, Netaji s/o Bhagwanrao Taur VS State of Maharashtra through Chief Secretary, Home Department - 2016 Supreme(Bom) 1942: Supporting procedural insights.
#POCSOAct, #PoliceSummon, #ChildProtectionLaw
Sections 11 (2)(3)(4)(5), 12, 16, 20, 21 and 22 of the POCSO Act against in all 15 accused persons including the officer of the Mahidhar Police Station. ... You can record the statement of the I - the complainant, but, my daughter will not come to the Police Station. The information of Page No. 34 and 35 of the application filed by the accused No. 5 in C.A. No. 452/2018 was obtained by me through RTI application. ... Mahidharpura Police Sta....
In the case of Bhagwant Singh v. commissioner of Police & Anr. reported in 1985 AIR(SC) 1285 passed by the Hon'ble Supreme Court it has been propounded that in the case of partial Final Report also, the complainant/victim should be informed. ... Judge POCSO Act cases and the same shall be followed by the police. ... victim/ complainant to make her able to protest for closure report under POCSO Act. ... To avoid such circumstances in future it is felt....
In the instant case, admitted by PWS 1 and 2 both of them reached at the police station on 18.08.2023. PW12, who sought to be impleaded as an additional accused, also given statement that PWs 1 and 2 reached the police station and reported occurrence at 9.30 p.m. ... But, for want of woman police officer to record the statement they were sent with an advice to come on the next day. Accordingly, on 19.08.2023 both of them reached at the police #HL_STA....
But in her cross-examination, she deposed that 5 or 6 persons went to the police station and gave a written complaint to P.W.9 - Sub Inspector of police. ... P.W.1 in her chief examination has stated that she and her husband along with YY went to police station and gave a complaint. She further deposed that the police recorded victim YY''s statement on the same day. ... Caste community and the defacto complainant belongs to Most Backward Class community; that the defa....
Bishnupur Police Station Case No. 27/19 dated 22.01.2019 was registered for investigation under Section 354/354A/506 of the Indian Penal Code and Section 8/12 of the POCSO Act. ... with POCSO Case No. 02/2019 and arising out of Bishnupur P.S. ... On that date, she was endorsed with Bishnupur P.S Case No. 27/19 dated 22.01.2019 for carrying out the investigation. She perused the written complaint and formal FIR, examined the complainant as also the ....
Bishnupur Police Station Case No. 27/19 dated 22.01.2019 was registered for investigation under Section 354/354A/506 of the Indian Penal Code and Section 8/12 of the POCSO Act. ... with POCSO Case No. 02/2019 and arising out of Bishnupur P.S. ... P.W.11 is Sanjoy Majhi, a Sub-Inspector of Police attached to Sonamukhi Police Station, who deposed that on 22.01.2019 he was posted at Bishnupur Police Station#....
to the jurisdictional police station and lodged the complaint. ... The Inspector of Police, All Women Police Station, Tallakulam, Madurai City laid a charge sheet against the appellant / sole accused (hereinafter referred as 'accused') alleging that the defacto complainant was working as a beautician trainer in Industrial Training Institute (ITI), Pudhur, Madurai and ... P.W.1 and P.W.4 went to Tallakulam All Women Police Station and P.W.1 lodged a w....
police station to register and investigate the matter. ... Aarif under Sections 452, 376 (AB), 323, 504, 506 I.P.C. and Section 5 (m)/6 of the Protection of Children from Sexual Offences Act (in short " the POCSO Act"), Police Station-Hardi, District-Bahraich as well as application under Section 156 (3) Cr.P.C. dated 26.8.2021 vide complaint no. 97 of 2021 and ... In the aforesaid complaint case, the statement of the complainant was recorded under Se....
officials present, who then took him to the police station. ... She went to the police station, where she saw a woman who was demanding Rs.2,00,000/- to settle the case. DW-1 could not provide evidence to confirm her presence at her parental home on the day of the incident. 14. ... He stated that he saw the appellant coming out of the studio apprehended by the police. DW-2 then went to the appellant’s house, which was nearby, and informed the appellant's sisters. He later went with one....
Protection of Children from Sexual Offences Act, 2012 ("POCSO Act", for short). The FIR came to be lodged by the complainant with Bharti Vidyapith Police Station, Pune. ... When such persons rushed to the police station and then nocked the door of the Court for justice and finally failed to Support their own case, it is very horrible thing. ... If the mob 10 to 15 person entered in his Computer Institute and assaulted him and he sustained injuries, h....
On the basis of the complaint, Police have registered the case in Crime No.11/2019 for the offence punishable under Section 302 r/w 34 of IPC. Police came to the hospital for enquiry, at that time, his father was unconscious and not able to speak. Complainant told the Police that he will later come to the Police station. The complainant took his father to VIMS Hosptial, Ballari for treatment and when they were on the way to Ballari his father succumbed to the injuries.
The complainant can seek reminder to the police station. There is no reason why complainant could not have sought re-issue of summons and taken Hamdast to the police station and assisted the police to locate the respondent – accused and get the service completed. This becomes more necessary when the other accused had been served and were attending the Court and getting harassed as the matter was getting prolonged for want of effective steps. In such contingency, an alert complainant would seek re-issue of summons.
Then the accused took his son Pandurang to Pimpalner Police Station on motorcycle. Complainant told the accused that he will come to Police Station tomorrow with surety. On the next day, he took his son Rajabhau and surety Vishwanath Devadkar to Pimpalner Police Station.
It has also been stated that the injured were removed to the Mohania Referral Hospital for treatment. 2. One Faria Devi filed the aforesaid complaint case inter alia stating that on the alleged date and time of occurrence the petitioners variously armed with lethal weapons entered into her house, damaged the wall, assaulted the inmates and looted away the households articles including clothes and ornaments. It has also been alleged that the complainant went to the local police station to register a case but as the police was not inclined to institute a case hence the complaint.#HL_....
The complainant had lodged a report in the police station to this effect. They asked the accused persons that since there was no path in front of house of the complainant where they are taking the tractor. Before three years of the present occurrence accused Anil Kumar and Shiv Kumar went to the plot of the complainant and wanted to assault by fire. On 27.2.1980 at about 3.00 p.m. Kunji Lal brother of the complainant and Kali Charan, nephew of the complainant (each of them described as "deceased" by name) were keeping potatoes in bags in the west of their house.
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