Is POCSO applicable if both the victim and the abuser were minors? Is POCSO applicable if both the victim and the abuser were minors?

2 years ago

If one was abused sexually as a minor by another minor, and both are now legal adults, can action still be taken?

Anik

Responded 2 years ago

View All Answers
A.Hi,
Yes, according to recent amendments, the Andhra Pradesh High Court has held that POCSO would be applicable even if the case has filed after the minor has turned a major (above 18). Asper the POCSO act, "anyone" can be charged under this act if they have caused offence to a minor. The ambit of the word 'anyone' is very wide and thus would include a minor as well.
If you like my answer, then please rate it.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Abhimanyu Shandilya

Responded 2 years ago

View All Answers
A.See the POCSO Act does not mention anything about a minor committing those offences. It just says that any one who commits the sexual offence to a child. When it says anyone then it means that it includes even a minor who is committing the offence. Interesting thing is that when a minor is the accused then he will be sent to a juvenile home as per the juvenile justice.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Read Related Answers

question iconPolice call demanding money
Dear Client, To verify the veracity of the call, you need to contact the concerned police station or the State headquarters police control room, and based on the information if accessed from the sourc...
question iconWorking in Central Govt Job
Dear Client, According to Section 377 of the IPC, if any person, against the order of nature, voluntarily performs carnal intercourse with any man, woman, or animal, then that person is said to have...
question iconRegarding forensic dna expert opinion
Dear Sir, It depends upon various factors. Further, the reports of both the experts will have to be get marked before the Court and they must be summoned either in person or through video call for cro...
question iconCheating
Dear Client, Any physical relationship which was established out of the false promise of marriage amounts to rape under section 376 of the IPC. From the fact what you are suggesting is one can assume...
question iconlove affair
Dear Client, In situations where a promise of marriage is made and subsequently reneged upon after a physical relationship, it can be emotionally challenging. While the legal options available depend...