POCSO act
2 years ago
Want to ask if instead of a private complaint under the POCSO act, can a public prosecutor file a complaint on behalf of the victim?
A.I don't think there is anything which prohibits a public prosecutor form doing so as it is all about social justice. He may not write it down being complainant but can assist the victim in doing so.
Private complaint can be filed by a public servant: A Court of Sessions, or the Special Court under the POCSO Act, can take cognizance of a complaint filed by a public servant, who is discharging her/his official duty.
l Private complaint can be filed by a friend or relative: The victim need not be the complainant. Any person with necessary knowledge and material in possession may file a complaint, and the victim may attend the Court as a witness and avoid being made to discharge legal obligations as the complainant, other than to give evidence.
Private complaint can be filed by a public servant: A Court of Sessions, or the Special Court under the POCSO Act, can take cognizance of a complaint filed by a public servant, who is discharging her/his official duty.
l Private complaint can be filed by a friend or relative: The victim need not be the complainant. Any person with necessary knowledge and material in possession may file a complaint, and the victim may attend the Court as a witness and avoid being made to discharge legal obligations as the complainant, other than to give evidence.
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Ayantika Mondal @ Prime Legal
Responded 2 years ago
A.Hello
A complaint under the POSCO act can be filed by a public servant and the court have complete authority to take the cognisance of the same.
If you find this advice helpful, please rate.
Thank You
A complaint under the POSCO act can be filed by a public servant and the court have complete authority to take the cognisance of the same.
If you find this advice helpful, please rate.
Thank You
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A.hello,
You could file private complaint by a public servant. A court of seessions, or the special court under the POSCO Act, can take cognisance of a complaint files by a publiv servant, who is discharging his/her official duty.
Thanks
You could file private complaint by a public servant. A court of seessions, or the special court under the POSCO Act, can take cognisance of a complaint files by a publiv servant, who is discharging his/her official duty.
Thanks
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