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?
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.
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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.
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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.
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